Terms of service
MESONICA ONLINE STORE TERMS AND CONDITIONS
§1 Information about the Seller
1. The Seller is Mesonica sp. z o.o., with its registered office at ul. Zamknięta 10, 30-554 Kraków, Poland, EU VAT: PL9452213785, REGON: 368573305, KRS: 0000700850, entered in the register of entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, share capital: PLN 100,000.
2. Contact details of the Seller:
- address: ul. Zamknięta 10, 30-554 Kraków, Poland,
- e-mail: info@mesonica.com,
- telephone: +48 663 034 041
3. The online store operates at mesonica.com and related domains.
4. The Service operates using the Shopify platform (Shopify Inc., 151 O’Connor St, Ottawa, ON, Canada). Depending on the type of service and data processing operation, Shopify may act as a processor on behalf of the Seller or – in certain cases – as a separate data controller, in accordance with its own legal documentation.
§2 Definitions
The terms used in these Terms and Conditions shall mean:
1. Business Day – a day from Monday to Friday, excluding public holidays in Poland.
2. Consumer – a natural person performing a legal act with the Seller which is not directly related to that person’s business or professional activity.
3. Entrepreneur with consumer rights – a natural person entering into a Sales Agreement directly related to that person’s business activity, where it follows from the content of that agreement that it does not have a professional nature for that person, resulting in particular from the subject matter of the business activity carried out by that person.
4. Goods made to individual order – non-prefabricated goods manufactured according to the Customer’s specification or serving to satisfy the Customer’s individualised needs, in particular with respect to dimensions, type of fabric, colour, finishing, configuration or other individual features.
5. Standard Goods – goods which are not made according to the Customer’s individual specification and in respect of which the right of withdrawal has not been excluded on the basis of legal provisions.
6. Customer – any natural person, legal person or organisational unit using the Service or entering into a Sales Agreement with the Seller.
7. Delivery – the act of delivering the ordered Goods to the Customer via the Carrier.
8. Carrier – a courier or freight forwarding company engaged by the Seller to carry out the Delivery.
9. Goods – products presented by the Seller in the Service which may be the subject of a Sales Agreement, in particular upholstered furniture.
10. Customer Account – an individual panel made available to the Customer after Registration, enabling data management, order tracking and viewing order history.
11. Password – a string of characters chosen by the Customer during Registration, used to secure access to the Customer Account.
12. Registration – the process of creating a Customer Account in the Service.
13. Sales Agreement – an agreement concluded remotely between the Customer and the Seller under the terms specified in these Terms and Conditions.
14. Seller – Mesonica sp. z o.o., as described in §1.
15. Durable medium – material or a tool enabling the storage of information addressed personally to a given person, in a way allowing access to such information in the future for a period appropriate to the purposes for which the information is used, and allowing the reproduction of such information in an unchanged form.
16. Service – the online store operated by the Seller at mesonica.com and related domains.
§3 General provisions and use of the Service
1. All rights to the Service, including economic copyrights to the extent vested in the Seller, as well as intellectual property rights to its name, domain, templates, forms and logos placed in the Service (excluding third-party logos and product photographs), belong to the Seller.
2. The minimum technical requirements necessary to use the Service include:
- an up-to-date internet browser (Chrome 90+, Firefox 88+, Safari 14+ or Edge 90+),
- JavaScript enabled,
- acceptance of cookies,
- Internet access,
- an active e-mail address.
3. The Seller uses cookies in order to ensure the proper functioning of the Service. Detailed information is contained in the Cookies Policy available in the Service.
4. The Customer may change cookie settings in their browser at any time. Disabling cookies may cause difficulties in using certain functionalities of the Service.
5. It is prohibited for the Customer to provide unlawful content and to use the Service in a manner contrary to the law, good practices or infringing the personal rights of third parties.
6. The Seller informs that using the Internet and services provided electronically may involve the risk of unauthorised access to or modification of data. The Customer should apply appropriate technical measures, in particular up-to-date security software.
7. It is prohibited to use the Service in a manner contrary to its intended purpose, in particular for conducting advertising activity unrelated to the Seller’s business and for posting untrue, misleading or unlawful content.
§4 Customer Account and Registration
1. Registration of a Customer Account is free of charge and voluntary. Registration is not required in order to place an order.
2. In order to Register, the Customer completes the registration form available in the Service and submits it electronically. During Registration, the Customer sets an individual Password.
3. After receiving the correctly completed form, the Seller sends a Registration confirmation to the e-mail address provided. Upon receipt of this confirmation by the Customer, an agreement for the provision of the Customer Account service is concluded.
4. The Customer Account enables in particular:
a) modification of data,
b) tracking the status of current orders,
c) access to order history.
5. The Customer may request deletion of the Customer Account at any time. The Account shall be deleted without undue delay.
6. The Seller may temporarily block access to the Customer Account or services provided electronically in the event of:
a) the Customer acting to the detriment of the Seller or other Customers,
b) a breach of legal provisions or these Terms and Conditions,
c) justified security reasons, in particular attempts to breach the security of the Service.
7. The Seller shall inform the Customer of the blocking of the Account electronically.
§5 Orders
1. Information on the Goods presented in the Service constitutes an invitation to conclude an agreement within the meaning of legal provisions and does not constitute an offer within the meaning of the Civil Code.
2. Orders may be placed:
a) via the Service – 24 hours a day, 7 days a week,
b) electronically – by sending a message to info@mesonica.com.
3. Most of the Goods offered by the Seller are Goods made to individual order.
4. The order placement process is as follows:
a) the Customer selects the model of the Goods and specifies its parameters, in particular dimensions, type of fabric, colour, finishing and other individual features;
b) the Customer selects the method of payment and the method of delivery;
c) after the order is placed, the Seller sends an e-mail confirming receipt of the order;
d) the Seller then sends an e-mail confirming acceptance of the order for fulfilment; the Sales Agreement is concluded upon receipt by the Customer of such confirmation;
e) after acceptance of the order for fulfilment, changes to the order specification are, as a rule, no longer possible.
5. Any changes reported after the production process has started may be accepted only with the Seller’s consent and may involve additional costs and an extension of the fulfilment time.
6. Placement of an order by the Customer constitutes an offer to conclude a Sales Agreement.
§6 Prices and Payments
1. The prices of the Goods presented in the Service are gross prices, i.e. they include the applicable VAT.
2. If additional costs arise, in particular delivery costs, the Customer is clearly and unambiguously informed of them before placing the order.
3. The Seller provides the following payment methods:
a) bank transfer,
b) electronic payments via Shopify or other operators available in the purchasing process,
c) instalment payments – if available for a given Good.
4. Payment operators provide their services on the basis of separate terms and conditions and privacy policies.
5. If prepayment is selected, the Customer is obliged to make payment within 7 Business Days from the date of receiving confirmation that the order has been accepted for fulfilment. If payment is not made, the Seller will set an additional deadline for payment on a durable medium, and after its ineffective expiry shall be entitled to withdraw from the Sales Agreement.
6. Refunds are made using the same payment method as used by the Customer, unless the Customer agrees to another method of refund not involving any additional costs.
§7 Delivery
1. The Seller delivers to Member States of the European Union.
2. In the case of deliveries to Poland, Austria, Germany, Belgium and France (excluding Corsica, overseas departments and territories, and Monaco), the cost of delivery is included in the price of the Goods, unless the offer for a given Good states otherwise.
3. Deliveries to the above territories may include bringing the Goods inside the premises at the address indicated in the order, provided that this service can be performed and is not excluded for reasons beyond the Carrier’s control.
4. Delivery to other EU countries, as well as to countries outside the EU, may be arranged upon the Customer’s individual request and is subject to a separate quotation.
5. The order fulfilment period and delivery time indicated in the Service are expressed in Business Days and are counted from the date the payment is credited or – if prepayment is not required – from the date the order is accepted for fulfilment.
6. Goods are delivered to the address indicated by the Customer. Personal collection is not available.
7. The Customer is obliged to ensure that the conditions at the place of delivery allow the physical delivery of the Goods. In particular, the Customer should:
a) check, before placing the order, the dimensions of doors, staircases, lifts, corridors and other communication routes,
b) inform the Seller about any access restrictions,
c) ensure the presence of an adult authorised to receive the Goods.
8. If delivery cannot be carried out for reasons attributable to the Customer, in particular due to undisclosed access restrictions or the Customer’s absence, the Customer may be charged the costs of redelivery, return of the Goods or their storage.
9. On the day of dispatch, the Seller sends the Customer an e-mail confirming shipment and – where possible – information enabling shipment tracking.
10. The Customer should inspect the shipment upon receipt. In the event of damage or shortages being found, the Customer may request that the Carrier’s representative prepares a damage report. Failure to prepare such a report does not exclude the Customer’s rights arising from mandatory legal provisions.
11. The Seller sends the VAT invoice electronically in PDF format to the Customer’s e-mail address provided when placing the order.
§8 Complaints and liability for conformity of the Goods with the Agreement
Consumer and Entrepreneur with consumer rights
1. The Seller shall be liable to the Consumer and the Entrepreneur with consumer rights for any lack of conformity of the Goods with the Agreement existing at the time of delivery of the Goods and disclosed within 2 years from that time, unless the period of usability of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer.
2. If the Goods are not in conformity with the Agreement, the Consumer or Entrepreneur with consumer rights may request repair or replacement. The Seller may replace the Goods where the Customer requests repair, or repair the Goods where the Customer requests replacement, if bringing the Goods into conformity with the Agreement in the manner chosen by the Customer is impossible or would involve excessive costs.
3. The Seller shall carry out repair or replacement within a reasonable time from the moment it is informed of the lack of conformity of the Goods with the Agreement and without excessive inconvenience to the Customer, taking into account the nature of the Goods and the purpose for which they were purchased. The Seller shall bear the costs of repair or replacement, including in particular transport, labour and materials costs.
4. The Customer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Customer at its own expense. If the Goods were installed before the lack of conformity was discovered, the Seller shall dismantle the Goods and reinstall them after repair or replacement, or arrange for these activities to be performed at its own expense.
5. The Customer may submit a statement on a price reduction or withdrawal from the Sales Agreement if:
a) the Seller refused to bring the Goods into conformity with the Agreement,
b) the Seller failed to bring the Goods into conformity with the Agreement within a reasonable time or without excessive inconvenience,
c) the lack of conformity of the Goods with the Agreement continues despite an attempt to bring them into conformity,
d) the lack of conformity of the Goods with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement without first requesting repair or replacement,
e) it follows from the Seller’s statement or circumstances that the Seller will not bring the Goods into conformity with the Agreement within a reasonable time or without excessive inconvenience.
6. The Customer may not withdraw from the Sales Agreement if the lack of conformity of the Goods with the Agreement is insignificant.
7. In the event of an effective price reduction, the Seller shall refund the amount due without delay, no later than within 14 days from the date of receipt of the Customer’s statement on the price reduction.
8. In the event of an effective withdrawal from the Sales Agreement, the Customer shall return the Goods to the Seller without delay at the Seller’s expense, and the Seller shall refund the price without delay, no later than within 14 days from the date of receipt of the Goods or proof of their return.
9. Complaints related to the Goods or performance of the Sales Agreement may be submitted:
a) in writing to: Mesonica sp. z o.o., ul. Zamknięta 10, 30-554 Kraków, Poland,
b) electronically to: info@mesonica.com.
10. In order to facilitate the handling of the complaint, the Customer should, where possible, provide:
- data identifying the order,
- a description of the reported problem,
- the expected manner of settlement of the complaint,
- photographic or video documentation, if it is possible to prepare it.
Response to a complaint
11. The Seller shall provide a response to the Consumer’s complaint within 14 days from the date of its receipt. The response shall be provided on paper or another durable medium. If the Seller does not provide a response within this period, the complaint shall be deemed accepted.
12. Complaints submitted by Entrepreneurs with consumer rights and other Customers are considered within 14 days from the date of receipt, taking into account the nature of the matter and the applicable legal provisions.
Customers who are entrepreneurs not benefiting from consumer protection
13. In relation to Customers who are entrepreneurs and do not benefit from consumer protection, the Seller’s liability under warranty for defects shall be governed by the provisions of the Civil Code, taking into account §15 sec. 1 of these Terms and Conditions.
Complaints regarding electronic services
14. Complaints regarding free services provided electronically may be submitted to: info@mesonica.com. The Seller shall consider them within 14 days.
ADR
15. As a rule, the Seller does not consent to participation in out-of-court consumer dispute resolution proceedings, unless it decides otherwise in an individual case.
§9 Guarantee
1. Some Goods offered by the Seller may be covered by a guarantee granted by the manufacturer or distributor.
2. Information on the existence of the guarantee, its scope and conditions of implementation is made available for a given Good in the Service or provided to the Customer together with the Goods.
3. The Customer’s rights arising from the guarantee are independent of the rights vested in the Customer under the provisions on lack of conformity of the Goods with the Agreement or warranty for defects and do not limit those rights.
4. Related documents:
- Mesonica guarantee card – LINK
- Mesonica Outdoor guarantee card – LINK
§10 Right of Withdrawal from the Agreement
Goods made to individual order – no right of withdrawal
1. In accordance with the applicable provisions of law, the right to withdraw from a distance contract shall not apply if the subject of performance is non-prefabricated Goods manufactured according to the Consumer’s specification or serving to satisfy the Consumer’s individualised needs.
2. The exclusion of the right to withdraw from the Agreement also applies to Goods which, although configured using the template (selection matrix) made available in the Service, generate a product with unique features (an individual combination of model, dimension, type and colour of fabric), manufactured exclusively for a specific Customer order, which the Seller does not keep in stock and the resale of which is significantly hindered due to the uniqueness of the configuration.
3. The exclusion of the right of withdrawal applies to the vast majority of the Goods offered by Mesonica, which constitute upholstered furniture made individually to order.
4. The Customer is expressly informed of the absence of the right of withdrawal before placing the order.
Standard Goods – right of withdrawal
5. In the case of Standard Goods, the Consumer and the Entrepreneur with consumer rights may withdraw from the Sales Agreement within 14 days without giving any reason:
- from the date of taking possession of the Goods,
- and in the case of multiple Goods delivered separately – from the date of taking possession of the last Good.
6. In order to exercise the right of withdrawal, the Customer must submit an unequivocal statement to the Seller before the expiry of the above deadline.
7. The statement of withdrawal may be submitted:
a) in writing to: Mesonica sp. z o.o., ul. Zamknięta 10, 30-554 Kraków, Poland,
b) electronically to: info@mesonica.com.
8. The Customer may use the model withdrawal form constituting an appendix to these Terms and Conditions, but this is not obligatory.
Effects of withdrawal
9. In the event of an effective withdrawal from the Sales Agreement, the Agreement shall be deemed not concluded.
10. The Seller shall refund to the Customer all payments received, including the cost of the cheapest ordinary delivery offered by the Seller, no later than within 14 days from the date of receipt of the statement of withdrawal. The Seller may withhold the refund until it receives the Goods back or until the Customer provides proof of return, whichever occurs first.
11. If the Customer chose a method of delivery other than the cheapest ordinary method offered by the Seller, the Seller is not obliged to refund the additional costs.
12. The Customer is obliged to return the Goods within 14 days from the date of withdrawal from the Agreement to the following address:
Mesonica sp. z o.o., ul. Cementowa 10, 31-983 Kraków, Poland.
13. The Customer shall bear the direct costs of returning the Goods. Due to the size and weight of the furniture, such costs may be significant – it is estimated that, in the case of freight deliveries, this cost may amount to the equivalent of approx. PLN 300 up to even PLN 3000 depending on the country of delivery and the size of the Goods.
14. The Customer shall be liable for any diminished value of the Goods resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
15. Refunds are made using the same payment method as used by the Customer, unless the Customer agrees to another method of refund not involving any additional costs.
§11 Personal Data
1. The controller of the Customers’ personal data processed in connection with the use of the Service and the conclusion of Sales Agreements is the Seller.
2. Personal data are processed in accordance with the applicable provisions of law, in particular the GDPR, and in accordance with the Privacy Policy available in the Service.
3. The Service is operated using an external e-commerce platform. Such platform may process personal data both as a processor acting on behalf of the Seller and – in certain cases – as a separate controller, in accordance with its own privacy policy.
4. Personal data may be processed with the involvement of third parties providing services necessary for the performance of Sales Agreements on behalf of the Seller, such as:
a) payment operators,
b) carriers and logistics companies,
c) providers of IT, hosting, e-mail and communication services,
d) providers of analytical and marketing tools.
5. Where personal data are transferred to third countries outside the European Economic Area, such transfer is carried out using appropriate safeguards provided for in the GDPR.
6. The Customer has rights related to the processing of personal data, in particular the right to:
a) access the data,
b) rectify the data,
c) erase the data,
d) restrict processing,
e) data portability,
f) object,
g) lodge a complaint with the competent supervisory authority.
7. Any requests concerning personal data processing may be addressed to: info@mesonica.com.
§12 Force Majeure
1. The Seller shall not be liable for delays in the execution of the order resulting from circumstances beyond the Seller’s reasonable control (force majeure), which could not have been foreseen or prevented with due diligence.
2. Force majeure circumstances include in particular: natural disasters, pandemics or epidemics, strikes, significant disruptions in supply chains, shortages of raw materials, import or export restrictions, acts of war, terrorist acts and actions of public authorities.
3. In the event of force majeure, the Seller shall immediately inform the Customer and – where possible – indicate a new completion date.
4. If the delay caused by force majeure exceeds 60 days from the originally confirmed completion or delivery date, the Customer has the right to withdraw from the Sales Agreement. In such a case, the Seller shall refund all payments received within 14 days.
§13 Free Electronic Services
1. The Seller provides the following free electronic services:
a) Contact form,
b) Newsletter,
c) Customer Account.
2. The services are provided 24 hours a day, 7 days a week, subject to possible technical interruptions.
3. The Customer may resign from using the free electronic services at any time.
4. The Seller may change the type, scope, form or availability of free electronic services, provided that such changes do not infringe the Customers’ acquired rights, and shall inform the Customers of significant changes sufficiently in advance.
§14 Termination of the agreement for the provision of electronic services
1. Both the Customer and the Seller may terminate the agreement for the provision of electronic services at any time, subject to preserving the rights acquired by the other party.
2. A Customer who has a Customer Account may terminate the agreement:
a) by sending an appropriate statement,
b) by submitting a request to delete the Customer Account.
3. The Seller may terminate the agreement for the provision of electronic services by sending an appropriate statement to the e-mail address indicated by the Customer.
4. Termination of the agreement does not affect the possibility of pursuing claims arising before the date of termination.
§15 Final Provisions
Liability
1. The Seller shall be liable for non-performance or improper performance of Sales Agreements on the terms specified in the applicable provisions of law.
2. In the case of Sales Agreements concluded with Customers who are entrepreneurs and do not have consumer rights, the Seller’s liability is limited to cases of wilful misconduct and to the actual losses incurred, excluding lost profits, unless mandatory provisions of law provide otherwise.
Applicable law
3. These Terms and Conditions shall be governed by Polish law.
4. In the case of Consumers and Entrepreneurs with consumer rights residing or having their registered office in another Member State of the European Union, the mandatory provisions of the law of that state shall also apply, if they provide the Customer with broader protection.
Dispute resolution
5. In the event of a dispute, the parties shall seek an amicable resolution.
6. The Consumer may seek assistance from the competent institutions dealing with consumer protection and out-of-court dispute resolution, in particular from the information available on the UOKiK website concerning amicable consumer dispute resolution and on the EU informational website dedicated to consumer redress.
Changes to the Terms and Conditions
7. The Seller reserves the right to amend these Terms and Conditions for valid reasons, in particular in the event of changes in law, the scope of services provided or the manner in which the Service operates.
8. Orders accepted for fulfilment before the effective date of amendments to the Terms and Conditions shall be carried out under the rules applicable on the date the order was placed.
9. Amendments to the Terms and Conditions shall enter into force after 7 days from the date of their publication in the Service.
10. Registered Customers shall be informed of the changes electronically at least 7 days before they enter into force.
11. A Customer who does not accept the changes to the Terms and Conditions has the right to terminate the agreement for the provision of electronic services in accordance with §14.
Recording of the Terms and Conditions
12. The content of these Terms and Conditions may be recorded by the Customer at any time by printing them, saving them on a durable medium or downloading them from the Service website.
Language of the agreement
13. The legally binding version of these Terms and Conditions and all other legal information available in the Service is the Polish language version. Other language versions are for information purposes only.
Severability clause
14. If any provision of these Terms and Conditions is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
Contact
15. In all matters related to orders, complaints or the content of these Terms and Conditions, the Customer may contact the Seller:
- electronically: info@mesonica.com
- by telephone: +48 663 034 041
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Appendix No. 1 – Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the agreement)
Addressee:
Mesonica sp. z o.o.
ul. Zamknięta 10, 30-554 Kraków, Poland
e-mail: info@mesonica.com
I/We(*) hereby give notice of my/our withdrawal from the contract of sale of the following goods(*) / for the provision of the following service(*):
..........................................................................................................................................................................................................................................................................................................
• Date of conclusion of the contract(*) / receipt(*): .......................................................................................
• Name and surname of the consumer(s) / Entrepreneur(s) with consumer rights: ...............................................................................................................................................................
• Address of the consumer(s) / Entrepreneur(s) with consumer rights: ...............................................................................................................................................................
• Signature of the consumer(s) (only if this form is submitted on paper):
...........................................................................
• Date: ...........................................................
* Delete as appropriate.
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These Terms and Conditions shall apply from 1 March 2026.
Mesonica sp. z o.o. — upholstered furniture, Poland