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I. General provisions

§ 1. Scope

  1. These Terms govern the use of the online store at https://mehenker.com/, placing Orders, concluding Sales Contracts, payments, delivery of Goods, Electronic Services, withdrawal, complaints and warranty.
  2. They apply to Consumers, Traders with consumer rights and other Traders, subject to differences resulting from mandatory law.
  3. The Terms are made available free of charge before a contract is concluded, in a form that allows them to be obtained, reproduced, saved and printed.
  4. Use of the Store requires an Internet-enabled device, an up-to-date browser, an active email address and, where required by Store functions, JavaScript and cookies enabled.

§ 2. Seller details

  1. The seller and service provider is Oliwier Kopaczel, conducting business under the name MEHENKER-Oliwier Kopaczel, ul. Skłodowskiej-Curie 10, 35-036 Rzeszów, Poland, Tax ID (NIP): 7322153291, REGON: 101642097.
  2. Contact: email biuro@mehenker.com; telephone +48 732 760 770; correspondence address: MEHENKER, ul. Skłodowskiej-Curie 10, 35-036 Rzeszów, Poland.
  3. Telephone contact is available on Business Days from 8:00 a.m. to 4:00 p.m. Call charges depend on the Customer's operator.

§ 3. Definitions

  1. Seller – the entity identified in § 2.
  2. Online Store or Store – the service operated by the Seller at https://mehenker.com/.
  3. Customer – a natural person, legal person or organisational unit with legal capacity using the Store.
  4. Consumer – a natural person entering into a transaction with the Seller that is not directly related to their business or professional activity.
  5. Trader with consumer rights – a natural person concluding a contract directly related to their business where the contract is not of a professional nature for that person, particularly in view of the scope of their registered business activity.
  6. Trader – a Customer who is neither a Consumer nor a Trader with consumer rights.
  7. Goods or Product – an item offered in the Store, especially an automotive part, repair kit or other item described in the offer.
  8. Service – a service offered by the Seller, particularly part reconditioning, where available.
  9. Electronic Service – a service supplied electronically through the Store, including an Account, Order form, contact form or newsletter.
  10. Order – a Customer's declaration intended to conclude a Sales Contract or Service contract.
  11. Sales Contract – a contract for the sale of Goods between the Customer and Seller.
  12. Account – the Customer's individual panel in the Store.
  13. Business Day – Monday to Friday, excluding public holidays in Poland.
  14. Durable medium – a material or tool that allows information to be stored for future access for a period appropriate to its purpose and reproduced unchanged.

II. Electronic Services

§ 4. Types and rules

  1. The Seller provides free Electronic Services: browsing the offer, Order form, Account, contact form and newsletter.
  2. A contract for an Order or contact form begins when the Customer starts using it and ends when it is submitted or abandoned.
  3. The Account contract is concluded for an indefinite period after registration. The Customer may request deletion at any time and free of charge.
  4. The newsletter contract begins after voluntary subscription and may be terminated at any time using the unsubscribe link or by contacting the Seller.
  5. The Customer must use the Store lawfully, in accordance with good practice and these Terms, must not provide unlawful content, infringe third-party rights or disrupt the Store.
  6. The Customer must protect Account credentials against unauthorised access.
  7. The Seller may carry out necessary maintenance temporarily limiting Store availability and will, where possible, announce planned longer interruptions.

§ 5. Electronic Service complaints

  1. Complaints may be submitted by email to biuro@mehenker.com or in writing to the Seller's address.
  2. Where possible, a complaint should identify the Customer, describe the issue and date, and state the requested solution.
  3. The Seller will respond within 14 days. If more information is required, the Seller will ask the Customer to provide it.

III. Orders and conclusion of contract

§ 6. Goods and prices

  1. Product descriptions, photographs and prices in the Store constitute an invitation to enter into a contract and not a binding offer under Polish civil law.
  2. The Seller endeavours to ensure that descriptions and images reflect the Goods. Colours or appearance may differ slightly because of device settings.
  3. Prices are shown in Polish zloty (PLN), euro (EUR) or US dollars (USD), depending on the currency selected.
  4. The displayed price includes taxes where required. Delivery and other charges are shown separately before the Order is placed.
  5. The price shown in the final Order summary is binding. Later price changes do not affect contracts already concluded.
  6. In the event of an obvious pricing or technical error, the Seller will inform the Customer before accepting the Order and offer the correct terms or cancellation with a refund.

§ 7. Placing Orders

  1. Orders may be placed through the Store, by email to biuro@mehenker.com or by telephone at +48 732 760 770.
  2. Online Orders may be placed at any time. Telephone Orders are accepted on Business Days from 8:00 a.m. to 4:00 p.m.
  3. The Customer selects Goods or Services, quantity and variant, provides required data, selects delivery and payment, reviews the summary and confirms the Order using a button clearly indicating an obligation to pay.
  4. The Customer can correct entered data and basket contents before placing the Order.
  5. Placing an Order constitutes the Customer's offer to contract on the stated terms.
  6. The Seller first sends an automated acknowledgement. The contract is concluded when the Seller sends confirmation that the Order has been accepted for processing, unless that message clearly states otherwise.
  7. The confirmation includes at least the Order number, selected Goods or Services, prices, total, payment and delivery method and Customer data. The version of these Terms applicable when the Order was placed will be attached as a PDF.
  8. The Seller may refuse an Order if Goods are unavailable, a Service cannot be provided, an error prevents performance or abuse is reasonably suspected. The Customer will be informed promptly and any payment refunded.
  9. The contract is concluded in the language selected by the Customer from those available in the Store.

§ 8. Account and guest checkout

  1. The Customer may order without an Account if guest checkout is available.
  2. Creating an Account is voluntary and free and may enable saved data and Order history.
  3. Registration and Order data must be true, current and complete.

IV. Payments

§ 9. Methods and deadlines

  1. The Customer selects a payment method available for the Order, delivery country and currency.
  2. Available methods may include: (a) cash on delivery, where supported; (b) Stripe payments by card, bank transfer, Google Pay and Apple Pay; (c) electronic payments through Przelewy24.
  3. Payments may be made in PLN, EUR or USD according to the selected currency and checkout options.
  4. For prepayment, processing starts after confirmation of successful payment unless otherwise stated.
  5. If payment fails, the Customer may retry or contact the Seller. Non-payment may result in cancellation after the Customer is informed.
  6. Payment providers may apply their own terms and security rules. The Seller does not receive the Customer's full card details.

V. Delivery and fulfilment

§ 10. Delivery methods

  1. Goods are delivered to countries and regions served by the Seller. Availability is shown during checkout.
  2. Depending on the destination and Goods, the Seller may offer DPD courier, InPost including an InPost Parcel Locker where available, FedEx courier, and collection from the Seller.
  3. Available methods and costs are shown before the Order. The Customer pays delivery unless the offer, promotion or summary states otherwise.
  4. For destinations outside the European Union, the price may exclude customs duties, import taxes, administrative charges and other local fees. Unless the law or sale terms provide otherwise, these are borne by the recipient.

§ 11. Fulfilment and receipt

  1. The estimated dispatch or fulfilment time is shown on the Product page, at checkout or in the acceptance confirmation.
  2. For prepayment it runs from payment confirmation; for cash on delivery, from acceptance for processing.
  3. For reconditioning, the period runs no earlier than receipt of the part and, for prepayment, payment confirmation. Additional work, parts, time or cost will be agreed before being incurred.
  4. Carrier transit time is separate and may vary according to destination, service and customs clearance.
  5. The Customer will be notified when collection is ready. Collection is available on Business Days from 8:00 a.m. to 4:00 p.m. unless agreed otherwise.
  6. The Customer should, where possible, inspect the parcel. Visible damage should be documented and reported to the carrier and Seller. Failure to do so does not limit statutory Consumer rights.

VI. Right of withdrawal

§ 12. Consumer withdrawal

  1. A Consumer and a Trader with consumer rights may withdraw from a distance contract without giving a reason within 14 days, subject to statutory exceptions.
  2. For sales, the period begins when the entitled person or their designated third party other than the carrier takes possession. Detailed calculation rules follow the Polish Consumer Rights Act.
  3. It is sufficient to send the statement before the deadline by email to biuro@mehenker.com or in writing. The form in Appendix 3 may be used but is optional. Appendix 2 contains detailed instructions.
  4. The Seller will promptly confirm receipt of an electronic statement on a durable medium.
  5. The Goods must be returned no later than 14 days after withdrawal to MEHENKER, ul. Skłodowskiej-Curie 10, 35-036 Rzeszów, Poland, unless another address is provided.
  6. The Consumer bears the direct return cost unless the Seller agrees otherwise or failed to disclose this obligation.
  7. The Seller will refund all payments, including the cost of its cheapest ordinary delivery method, within 14 days after notice. The refund may be withheld until receipt of the Goods or evidence of dispatch, whichever is earlier.
  8. The refund uses the original payment method unless another cost-free method is expressly agreed.
  9. The Consumer is liable for diminished value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

§ 13. Exceptions

  1. The right does not apply in cases under Article 38 of the Polish Consumer Rights Act, particularly to: (a) fully performed paid Services begun with prior express consent and acknowledgement of loss of the right; (b) non-prefabricated Goods made to specification or clearly personalised; (c) perishable Goods; (d) sealed Goods unsuitable for return for health or hygiene reasons once opened; and (e) Goods inseparably mixed with other items after delivery.
  2. Installation of an automotive part does not automatically exclude withdrawal, but may cause liability for diminished value where use exceeded necessary inspection.

VII. Complaints and conformity of Goods

§ 14. Consumer rights

  1. The Seller must supply Goods conforming to the contract and is liable for non-conformity existing at delivery and disclosed within the statutory period.
  2. The Consumer may request repair or replacement. The Seller may use the alternative remedy if the chosen remedy is impossible or would incur excessive costs.
  3. Repair or replacement will be completed within a reasonable time, without undue inconvenience and free of charge.
  4. Where provided by law, the Consumer may request a price reduction or withdraw, particularly if the Seller refuses or fails to restore conformity, non-conformity persists, is sufficiently serious for an immediate remedy, or it is clear that conformity will not be restored within a reasonable time or without undue inconvenience.
  5. Withdrawal is unavailable where non-conformity is minor.
  6. The Seller will respond to a Consumer complaint within 14 days.

§ 15. Submitting complaints

  1. A complaint may be sent to biuro@mehenker.com or MEHENKER, ul. Skłodowskiej-Curie 10, 35-036 Rzeszów, Poland.
  2. For efficient handling, it should include Customer identification, Order or purchase document number, Goods, issue and discovery date, requested remedy and contact details. Absence of a receipt or invoice does not prevent proof of purchase by other means.
  3. If inspection requires the Goods, the Seller will agree delivery with the Consumer. Collection, transport, labour and material costs of the statutory remedy are borne by the Seller.
  4. §§ 14–15 apply to Consumers and, as provided by law, Traders with consumer rights. Liability to other Traders is governed by the Civil Code and these Terms.

VIII. Voluntary MEHENKER warranty

§ 16. Warranty terms

  1. Unless a Product description states otherwise, the Seller provides a voluntary 24-month quality warranty for MEHENKER Goods from delivery.
  2. It covers defects caused by reasons inherent in the Goods and disclosed during the warranty period.
  3. It excludes damage caused by accident or external impact, deliberate damage or modification, misuse, incorrect installation, adjustment or diagnosis, unsuitable consumables or contamination, and normal wear not resulting from a defect.
  4. Subject to technical assessment and the warranty statement, the Seller will repair or replace the Goods or refund an appropriate amount if repair or replacement is impossible or disproportionate.
  5. Claims may be submitted using § 15 contact details and should identify the Goods, purchase and symptoms. Images, diagnostic data or return of the Goods may be requested where necessary.
  6. The claim will be handled and obligations performed within a reasonable time. The Seller will advise of timing where complex testing, external work or additional parts are required.
  7. The warranty does not exclude, limit or suspend statutory rights regarding non-conformity.

IX. Personal data and content

§ 17. Personal data

  1. The Seller is the controller of Customers' personal data.
  2. Data is processed particularly for Account operation, conclusion and performance of contracts, payment, delivery, complaints, legal obligations and, where legally justified, claims and marketing.
  3. Details of legal bases, retention, recipients and rights are in the Privacy and Cookies Policy.

§ 18. Intellectual property

  1. Rights to the Store, marks, content, photographs, materials, designs and databases belong to the Seller or relevant licensors.
  2. Use beyond statutory permitted use requires prior consent of the rights holder.

X. Alternative dispute resolution

§ 19. Consumer assistance

  1. After completing the complaint procedure, a Consumer may use an authorised out-of-court dispute resolution body.
  2. Information is available from Polish municipal or district consumer ombudsmen, regional Trade Inspection authorities and the Polish Office of Competition and Consumer Protection at https://uokik.gov.pl/.
  3. For cross-border matters, assistance is available from the European Consumer Centre Poland at https://konsument.gov.pl/en/.
  4. Use of alternative dispute resolution is voluntary unless mandatory law provides otherwise.

XI. Provisions for Traders

§ 20. Non-consumer Customers

  1. This section applies only to Traders, excluding Traders with consumer rights to the extent protected by mandatory law.
  2. The Seller's statutory warranty liability (rękojmia) toward Traders is excluded to the fullest extent permitted by law.
  3. Liability, irrespective of legal basis, is limited to actual loss and the net price of the relevant Order. This does not apply to intentional damage or where limitation is prohibited.
  4. The Seller is not liable to a Trader for loss of profit, downtime, production loss or indirect damage unless caused intentionally.
  5. Disputes with a Trader are subject to the court competent for the Seller's registered place of business unless mandatory law provides otherwise.

XII. Final provisions

§ 21. Governing law and amendments

  1. Polish law applies. This choice does not deprive a Consumer of mandatory protection under the law of their habitual residence.
  2. Consumer disputes are heard by courts competent under applicable law.
  3. The Seller may amend the Terms for important reasons, including changes in law, decisions, payment or delivery methods, Electronic Services, Store functions, Seller details or security needs.
  4. Changes do not affect acquired rights or Orders placed before they take effect.
  5. Account holders will be informed on a durable medium in advance of changes to continuous services and may terminate the Account contract before they take effect.
  6. Each version bears a number and effective date and is available in a form that may be saved and printed.
  7. Unregulated matters are governed particularly by the Polish Civil Code, Consumer Rights Act, Act on Providing Services by Electronic Means and personal data law.

Appendix 1 – information on specific risks associated with Electronic Services

Show appendix

  1. Internet use may involve risks despite appropriate technical and organisational safeguards.
  2. Risks include malware such as viruses, spyware and ransomware; phishing and fraudulent messages or calls; Account takeover; impersonation of the Seller, payment provider or carrier; interception, alteration or deletion of data; failures of devices, browsers, networks or third-party systems; and unsolicited messages or unsafe links.
  3. Customers should keep systems, browsers and security software current; use a strong unique password; verify domains, senders and payment recipients; avoid suspicious links, attachments and software; avoid untrusted devices or networks for login and payment; log out on shared devices; and promptly report suspected takeover, impersonation or security incidents.
  4. The Seller does not request a full Account password, full payment-card details or payment authorisation codes by email, SMS or telephone. Payments are made through the providers stated in these Terms.
  5. Information on cookies and the functions and purposes of data placed on the Customer's device is in the Privacy and Cookies Policy.

Appendix 2 – instructions on withdrawal

Right of withdrawal

You have the right to withdraw from a distance contract within 14 days without giving any reason, subject to statutory exceptions.

The period expires 14 days after: you or a designated third party other than the carrier acquires the Goods; for multiple Goods delivered separately, the last item; for Goods in lots or pieces, the last lot or piece; for regular delivery over a fixed period, the first item; or, for a Service, conclusion of the contract.

To exercise the right, notify MEHENKER-Oliwier Kopaczel, ul. Skłodowskiej-Curie 10, 35-036 Rzeszów, Poland; email: biuro@mehenker.com; tel. +48 732 760 770, by an unequivocal statement, for example by post or email. You may use Appendix 3, but this is optional. Sending the statement before expiry is sufficient. Electronic statements will be acknowledged promptly on a durable medium.

Effects of withdrawal

We will refund all payments, including the cost of our cheapest ordinary delivery method, no later than 14 days after notice. We will use the original payment method unless another cost-free method is expressly agreed. We may withhold the refund until we receive the Goods or evidence of dispatch, whichever is earlier.

Return the Goods to MEHENKER, ul. Skłodowskiej-Curie 10, 35-036 Rzeszów, Poland, within 14 days after notice. You bear the direct return cost and are liable only for diminished value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

If you requested commencement of a paid Service before the withdrawal period expired, you must pay an amount proportionate to the service supplied before withdrawal. The exclusions in § 13 and Article 38 of the Polish Consumer Rights Act apply.

Appendix 3 – model withdrawal form

Show appendix

Complete and return this form only if you wish to withdraw. Use is optional.

To:
MEHENKER-Oliwier Kopaczel
ul. Skłodowskiej-Curie 10
35-036 Rzeszów, Poland
email: biuro@mehenker.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following Goods / contract for the following Service (*):

............................................................................................................................

Contract date / date of receipt (*): .............................................................................

Order number: ........................................................................................................

Name of Consumer(s): ..............................................................................................

Address of Consumer(s): ...........................................................................................

Bank account number, if required for the refund: ............................................................

Date: .............................................

Signature of Consumer(s), only for a paper form:

............................................................................................................................

(*) Delete as appropriate.