TERMS & CONDITIONS FOR THE ONLINE SHOP MEXEN

TERMS & CONDITIONS FOR THE ONLINE SHOP MEXEN

www.mexen.mt

1. The Seller’s identity:

MEXEN Sp. z o.o. formerly „AGRAF” - KIESZKOWSKI RAFAŁ, ul. Strażacka 6, 05-084 Leszno/Poland, REGON (Polish business registry number): 545605445, EU Vat number: PL1182335875, REGON: 545605445, KRS: 0001262957, E-Mail: [email protected]

2. General provisions

1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop www.mexen.mt.
2. These Terms and Conditions are always available at the website www.mexen.mt, which allows to download, display, and record their contents by printing or saving them to a data carrier at any time.
3. These Terms and Conditions will be governed by and construed in accordance with the Laws of Malta.
4. Before proceeding with an order, you will be required to show that you have read and understood the following terms and conditions.
5. By placing an order through our site, you warrant that:
   1. you are legally capable of entering into binding contracts; and
   2. you are at least 18 years old.
6. These Terms and Conditions apply to both consumers and traders. "Consumer" means any natural person who, in contracts covered by these regulations, is acting for purposes which are outside his trade, business, craft or profession. "Trader" means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for persons relating to his trade, business, craft or profession in relation to contracts covered by these regulations (Maltese Subsidiary Legislation 378.17 -Consumer Rights Regulations).
7. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Opera, enabling cookies and JavaScript in the web browser.
8. An active Internet connection is required to run and properly operate the Online Shop. The Seller is not a data transmission service provider. The costs of data transmission required to download, install, run, and use the Online Shop and Services are covered by its Users on their own based on agreements concluded with telecommunications operators or another Internet provider. The Seller is not responsible for the amount of fees charged for the use of data transmission necessary to use the Services. The Seller recommends the Customers to use the Application or operating system functions consisting in measuring the transmitted data.
9. It is forbidden for the Customer to provide illegal content. The Seller's point of contact for direct communication for the purposes of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) is: e-mail address [email protected]. Communication can be conducted in English.
10. The Customer is obliged to:
    1. provide in the Order and in the registration forms, only true, up-to-date and all necessary data of the Customer and promptly update the data.
    2. use the services made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop and other Customers.
    3. use the services made available by the Seller in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.

3. Electronic services in the online shop

1. The Seller provides the following Electronic Services to Customers via the Online Shop:
   • User Account.
   • Newsletter.
   • Shopping Basket.
   • provision of a contact form,
   • provision of a Product search engine,
   • submission of Product reviews,
   • adding a Product to a wish list,
   • provision of an instalment calculator,
   • Product notifications,
   • Product comparison.
2. The contract for the provision of the Customer Account service is concluded for an indefinite period upon the Seller’s confirmation of the Customer Account registration.
3. The subject of this Customer Account Service is the provision of a Customer Account dashboard, enabling, amongst other things, the management of Customer data and orders.
4. To create a Customer Account, you must complete a voluntary and free registration. This is done by completing and submitting the registration form to the Seller, which is available on the Shop’s website.
5. The registration form must be completed correctly by filling in all mandatory and, where applicable, optional fields using true, complete and accurate data or information relating to the Customer.
6. Before submitting the registration form, the Customer must tick the appropriate box to confirm that they have read the Terms and Conditions and accept their provisions.
7. The registration form is sent to the Seller using the Store’s functionality and via the Store.
8. The Customer Account may be used after it has been created and the Customer has logged in using the correct username and password.
9. It is prohibited to disclose access details to the Customer Account to third parties or to create multiple Customer Accounts by a single Customer.
10. The Seller may refuse to register an Account if the Customer breaches the provisions of Section I, Clause 10 of the Terms and Conditions.
11. The Seller allows the Customer to subscribe to a newsletter containing commercial information, which is sent to the Customer’s email address.
12. To subscribe to the newsletter, please use the appropriate newsletter activation field in the registration form or in another form provided by the Seller on the Shop’s website.
13. Providing the Customer’s email address is a prerequisite for successfully subscribing to the newsletter. Providing this information is voluntary, but necessary in order to receive the newsletter.
14. Unsubscribing from the newsletter mailing list may be done without giving a reason and at any time, using the Store’s functionality or the unsubscribe link contained in the newsletter message, as well as by sending a statement to that effect from the Customer to the Seller, e.g. via email or post.
15. The Newsletter service agreement is concluded for an indefinite period and is terminated upon the Customer sending a request to remove their email address from the Newsletter subscription or unsubscribing via the link contained in the message sent as part of the Newsletter service.
16. The Shopping Basket is an electronic service which commences when the Customer adds the first Product to the Shopping Basket. The Shopping Basket is a one-off service, provided free of charge, and terminates upon the Customer placing or ceasing to place an Order. Depending on the available features, the Shopping Basket may retain information about the Products selected by the Customer even after the browser session ends but does not guarantee the availability of the products.
17. The contract for the provision of an Electronic Service consisting of enabling the placing of an Order in the Shop is concluded for a fixed term and terminates upon the Customer placing the Order or ceasing to place it.
18. To use the contact form, you must complete its mandatory fields, enter the required text, and then send the message to the Seller. The Seller will respond immediately, using the Shop’s functionality, by telephone or electronically, by sending an email.
19. To search for Products in the Shop, enter the desired text in the Shop’s search bar and then confirm it. This feature allows you to search the Shop’s inventory using keywords entered by the Customer. Additionally, the feature may allow for an advanced search based on selected criteria.
20. To submit a review of a Product, use the review form by completing its mandatory fields and entering the rating or content. This feature may allow you to submit a rating on a specified scale. The Seller may require that, before posting a comment regarding a Product or Service available in the Seller’s offer, the Customer must tick a declaration stating that they have purchased or used the Product that is the subject of the review or comment.
21. To use the functionality of adding a Product to the wish list, you must first log in to your Customer Account and then add the Product to the wish list. The purpose of this functionality is to temporarily save, within the Customer Account, the webpage containing the Product’s promotional offer.
22. To use the instalment calculator, you must complete its mandatory fields by entering the required parameters of the loan to be calculated. The result obtained is an estimate, is presented for information purposes only and does not constitute an offer by a financial institution to grant a loan.
23. To receive a notification when the Product becomes available again, please use the Product notification feature. The Seller will provide this information immediately by sending an email as soon as the Product becomes available again on the Shop’s website.
24. To use the Product comparison feature, you must select at least two Products or two Services to compare. The purpose of this feature is to present promotional offers in a way that allows you to compare their individual features.
25. Use of some of the features may require you to have a Customer Account and to log in to it. The Seller reserves the right to temporarily disable or introduce new features.
26. The Seller has the right to organise occasional competitions and promotions, the terms and conditions of which are set out in separate Promotion Terms and Conditions available on the Store’s website. Promotions in the Online Store cannot be combined, unless the Terms and Conditions of a given promotion state otherwise.

4. Orders / Sales Agreement

1. All the Products available in the Online Shop are free of physical and legal defects.
2. MEXEN attempts to be as accurate as possible in all details, descriptions, images and prices of products appearing on the Site. However, to the extent permitted by law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current or error-free.
3. All orders for products are subject to availability.
4. The Seller enables submitting Orders for Products in the Online Shop 24/7 through the website www.mexen.mt.
5. Orders can be placed by Internet users, who have correctly filled in registration form. Orders can be placed also without registration form. A user who does not have an Account must independently fill out the Order Form in the scope of his/her details necessary to conclude and execute the Sales Agreement.
6. As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory and consents, by marking the appropriate box, to the processing of the Customer’s data provided while placing the order to perform at the Online Shop. Providing the personal data marked obligatory is voluntary yet is necessary for placing the order. Providing the personal data not marked as obligatory is voluntary and unnecessary for placing the order. A lack of due diligence while filling in the form may cause the Customer being obligated to cover additional expenses such as compensation, costs of improper postage, costs of resending the order to the right address, or any other rightful costs incurred by the Online Shop to complete the Order.
7. The order form should include the Customer’s name, surname and postal address, phone number and email address, the data and address of the recipient, if the ordered products should be delivered to an address other than the Customer’s address.
8. The Customer sends the Order by means of the Online Shop functionality provided for that purpose with an obligation to pay.
9. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
10. The total value of the Order includes the price and shipping costs.
11. The sales Agreement shall be concluded in English.

5. Methods of Payment

1. The prices are provided in EUR and include all elements, in particular VAT (Value added Taxes) and other charges.
2. Payment and delivery options are set out on the mexen.mt website under the relevant tabs for payment methods and delivery methods.
3. When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution.
4. The Customer agrees that the purchase documents (invoice / receipt) for the order will be sent electronically. The invoice sent to the customer uses the information he entered in his customer account. The Customer can edit this data each time he places an order through the website.
5. When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
6. When making a payment via an electronic payment operator, the User should follow the instructions given by the operator of electronic payments in order to make a payment.
7. The customer agrees that the purchase documents (VAT invoice / receipt) for the order will be sent electronically.

6. Delivery of the goods

1. Delivery of the Goods is performed to the address indicated by the Customer when placing the Order (in Malta).
2. Delivery of the Goods is carried out by parcel delivery company.
3. The total waiting time for the Customer to receive the Product (delivery date) consists of the time of preparation of the Order for dispatch by the Seller and the time of delivery of the Product by the courier.
4. The deadline for delivery and processing of the Order shall be calculated per Business Days.
5. On the Shop websites, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges.
6. The delivery due date of the Product to the Customer is up to 14 Business Days unless a shorter term is specified in the Product's description or during the Order submission.
7. If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.

7. Title of goods

1. We will retain the legal ownership of the goods until delivery of the ordered items. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

8. The right to withdraw

1. The Consumer who concludes a distance agreement can withdraw form sales agreement without giving reasons for a cooling-off period of 14 days (Maltese Subsidiary Legislation 378.17 -Consumer Rights Regulations),
2. The lapse of the period for withdrawing from the agreement starts at:
   1. For a sale agreement – from the Consumer, or a third party appointed by the Consumer other than the courier, taking possession of the product and, for an agreement including many products delivered separately, in batches or in parts – from acquiring the ownership of the last product, batch or part.
   2. For other agreements – from the date of concluding the agreement.
3. The Customer may compose the declaration by himself (E-Mail: [email protected]) or use the form of declaration of withdrawal from Agreement (Appendix No 1).
4. Furthermore, the Consumer may also submit a notice of withdrawal from the Sales Contract to the Seller by using the ‘withdraw from the contract here’ function (in accordance with Directive 2023/2673 of the European Parliament and of the Council of the EU), i.e. via the online form available on the website https://mexen.mt/returns-policy or via the user account dashboard. Simply enter your email address and order number, or navigate to the relevant order in your user account to make a return. If the notice referred to in paragraph 3 is submitted and sent in accordance with its provisions, the Seller shall immediately confirm, on a durable medium (by email to the address provided in the Form), receipt of the Customer’s notice of withdrawal from the Contract of Sale for the Product concluded in the Online Shop.
5. Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
6. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item. The Goods should be returned immediately, not later than within 14 days.
7. The purchased Goods should be returned to the address of the Seller.
   Mexen, Sochaczewska 96B,
   P3 Logistic Parks, Hala 17,
   05-870 Błonie-Wieś/Poland
8. The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
9. The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.
10. If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred.
11. The Customer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
12. The Seller may grant Consumers an additional right of withdrawal (a contractual right of withdrawal) for certain products within a period of 30 days or 100 days. The Consumer is entitled to this contractual right of withdrawal only in respect of Products that show no signs of use, are complete and undamaged. The Consumer loses the contractual right of withdrawal if they use the Product in a manner that goes beyond what is necessary to ascertain its nature, characteristics and functioning.
13. The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:
    1. for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Consumer or serving to satisfy his unique needs.

9. Complaints

1. The Seller shall have a sufficiently notified complaints procedure in place and shall handle the complaint in accordance with this complaint procedure.
2. The Seller undertakes to deliver Goods free from defects.
3. Complaints should be sent to the following address:
   Mexen, Sochaczewska 96B,
   P3 Logistic Parks, Hala 17,
   05-870 Błonie-Wieś/Poland
   E-Mail: [email protected]
4. It is usually advisable to provide the Product to the Seller with a complaint in order to enable the Seller to look into the Product.
5. It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information.
6. The Seller undertakes to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
7. The Customer may complain to the Seller about functioning of the Shop and using the Services to the electronic mail address [email protected].

10. Limitations of liability

1. We do not accept liability for any direct, indirect, special or consequential loss or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contacts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
2. Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
3. Nothing in this agreement shall exclude or limit our liability for (a) fraud; (b) death or personal injury caused by our breach of duty; (c) any breach of the implied warranties which a seller owes to a buyer in terms of the Maltese Civil Code; or (d) any other liability which cannot be excluded or limited by applicable law.

11. Force majeure

1. Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than 10 business days after said event occurs.
2. The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.

12. Content & Opinions

1. In terms of posting content and making it available, the Customer voluntarily distributes the content. The posted content does not express the views of the Seller and should not be identified with its activities. The Seller is not a content provider, but only an entity that provides appropriate IT resources for this purpose.
2. It is forbidden for the Customer to provide illegal content. The Seller's point of contact for direct communication for the purposes of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) is: e-mail address [email protected]. Communication can be conducted in English.
3. Opinions may be made available directly on the Store's website or on an external website collecting opinions with which the Seller cooperates and to which the Online Store's website refers.
4. The Seller verifies the Reviews using the email address that was used in the purchase process or assigned to the user's account.
5. Product Reviews may be issued only in relation to the Products purchased in the Seller's Online Shop and by the Online Shop Customer who purchased the reviewed Product.
6. Product Reviews may be made available directly on the Shop's website or on an external review service with which the Seller cooperates and to which it links on the Online Shop's website.
7. The Customer agrees to the free use by the Seller of opinions or other content posted by him on the Shop's Website.
8. The Seller does not post or commission other entities to post false opinions or recommendations of Customers in order to promote its Products, nor does it provide sponsored opinions.
9. The Customer is prohibited from providing illegal content, which means information that, by itself or by reference to the operation, including the sale of products, is unlawful.
10. The Seller informs that opinions posted by Customers are not automatically assessed for prohibited content.

13. Protection of personal information

1. The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy.
2. The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
3. Additional explanations regarding the protection of personal data are contained in the “Privacy Policy”.

14. Final Provisions

1. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
2. If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted and the rest of the provision will continue in effect. Failure by us to enforce a right does not result in a waiver of such right.
3. These Terms and Conditions will be governed by and construed in accordance with the Laws of Malta.
4. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in EU.
5. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.

16.07.2026

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

• To [here the trader’s name, geographical address and email address are to be inserted by the trader]:
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
• Ordered on (*)/received on (*),
• Name of consumer(s), - Address of consumer(s),
• Signature of consumer(s) (only if this form is notified on paper),
• Date (*)

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