TERMS AND CONDITIONS OF SERVICE PROVISION BY MTOILET SP. Z O.O. AND TERMS AND CONDITIONS OF THE MTOILET WEBSITE

MTOILET sp. z o.o. cares about consumer rights. A consumer cannot waive the rights granted to them in the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them by mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any possible inconsistency between the provisions of these Terms and Conditions and the above provisions, these provisions shall prevail and should be applied.

1. GENERAL PROVISIONS

  1. The Website available at the internet address www.mtoilet.pl is run by MTOILET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (registered office and mailing address: ul. Toruńska 31, 03-226 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000766937; registry court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Division of the National Court Register; share capital in the amount of: PLN 1,000,000; NIP: 5361938486; REGON: 382123092, bok@mtoilet.pl, contact phone number: 800 000 800.
  2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Website, unless a given provision of the Terms and Conditions states otherwise and is addressed exclusively to consumers or to entrepreneurs.
  3. The administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is MTOILET. Personal data is processed for purposes, for a period, and based on the grounds and principles indicated in the privacy policy published on the Website. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator, including the grounds, purposes, and period of processing personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools on the Website. Using the Website, including concluding Agreements, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Website is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of MTOILET).
  4. Definitions:
    1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
    2. QUOTE FORM - Electronic Service, an interactive form available on the Website that allows submitting a request for a quote, in particular by specifying the terms of the Agreement, including the subject of the Agreement and the period of service provision.
    3. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - who has concluded or intends to conclude an Agreement with MTOILET.
    4. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
    5. MTOILET - MTOILET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Warsaw (registered office and mailing address: ul. Toruńska 31, 03-226 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000766937; registry court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Division of the National Court Register; share capital in the amount of: PLN 1,000,000; NIP: 5361938486; REGON: 382123092, bok@mtoilet.pl, contact phone number: 800 000 800.
    6. NEWSLETTER - Electronic Service, an electronic distribution service provided by MTOILET via e-mail, which allows all Service Recipients using it to automatically receive from MTOILET cyclical content of subsequent editions of the newsletter containing information about services, news, and promotions on the Website.
    7. TERMS AND CONDITIONS - these terms and conditions for the provision of services by MTOILET and the use of the Website.
    8. WEBSITE - the MTOILET website available at the internet address: www.mtoilet.pl.
    9. AGREEMENT - an agreement for the provision of sanitary services by MTOILET to the Customer, including, according to the scope specified in detail in the order or in separate arrangements: rental of, among others, cabins, containers, fences, transport to the Customer, their installation, and servicing.
    10. ELECTRONIC SERVICE - a service provided electronically by MTOILET to the Service Recipient via the Website.
    11. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - using or intending to use an Electronic Service.
    12. CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014, on consumer rights (Journal of Laws 2014 item 827, as amended).
    13. ORDER - the Customer's declaration of intent submitted using the Quote Form and aimed at concluding an Agreement with MTOILET.

2. ELECTRONIC SERVICES ON THE WEBSITE

  1. The following Electronic Services are available on the Website: Quote Form and Newsletter.
    1. Quote Form - the use of the Quote Form allows submitting a request for a quote for a service covering a specific device available on the Website. Submitting a request for a quote takes place after the Customer completes two consecutive steps in total - (1) after completing the Quote Form and (2) clicking on the Website page, after completing the Reservation Form, the 'Submit for a quote' field - until this moment there is a possibility of independent modification of the entered data (for this purpose, follow the displayed messages and information available on the Website). In the Quote Form, it is necessary for the Customer to provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number and data concerning the Agreement: device, quantity of devices, duration of the Agreement. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
      1. The Electronic Service Quote Form is provided free of charge and has a one-off character and is terminated when a request is submitted through it or when the Service Recipient ceases to submit a request through it earlier.
    2. Contact Form - the use of the Contact Form takes place after providing the e-mail address to which the reply from MTOILET is to be sent, the name and the content of the message in the contact tab visible on the Website and clicking the 'Send' field.
      1. The electronic service Contact Form is provided free of charge and has a one-off character and is terminated when a message is sent through it or when formulating a message through it is ceased earlier.
  2. Technical requirements necessary for cooperation with the ICT system used by MTOILET: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling the option of saving Cookies and Javascript support in the web browser.
  3. The Service Recipient is obliged to use the Website in a manner consistent with the law and good manners, bearing in mind the respect for personal rights as well as copyrights and intellectual property of MTOILET and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.
  4. Complaint procedure:
    1. Complaints related to the provision of Electronic Services by MTOILET and other complaints related to the operation of the Website may be submitted by the Service Recipient, for example:
      1. in writing to the address: ul. Toruńska 31, 03-226 Warsaw;
      2. in electronic form via e-mail to the address: bok@mtoilet.pl;
    2. It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the occurrence of the irregularity; (2) the Service Recipient's request; and (3) contact details of the person submitting the complaint - this will facilitate and speed up the processing of the complaint by MTOILET. The requirements specified in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted with the omission of the recommended complaint description.
    3. MTOILET shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. CONCLUSION OF THE AGREEMENT

  1. Announcements, advertisements, price lists and other information about services provided on the Website, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  2. The conclusion of the Agreement between the Customer and MTOILET takes place after the Customer has previously submitted an Order using the Quote Form on the Website in accordance with point 2.1.1 of the Terms and Conditions.
  3. The price of the service provided in the basket or in response to the Customer's request is given in Polish zlotys and includes taxes. The Customer is informed about the total price of the services included in the Agreement before its conclusion.
  4. Procedure for concluding the Agreement:
    1. The conclusion of the Agreement between the Customer and MTOILET takes place after the Customer has previously submitted an Order using the Quote Form and MTOILET has confirmed the availability of the given service. Subsequently, MTOILET sends the Customer a signed Agreement document, consistent with the arrangements between MTOILET and the Customer. The Agreement is concluded upon its signing and returning of the document by the Customer, at the moment the signed Agreement document reaches MTOILET.
    2. The Customer is obliged to use the device that is the subject of the Agreement only during the term of the Agreement, in the manner specified in these Terms and Conditions and in a manner corresponding to its properties and purpose.
    3. The Customer is obliged to make the device that is the subject of the Agreement available for return in an undeteriorated condition; however, they are not liable for wear and tear resulting from proper use. In the event of damage to the device caused by the Customer's fault, MTOILET has the right to claim compensation for the damage caused within the limits provided by law.
    4. The Customer has the right to report the desire to extend the validity of the Agreement via e-mail (MTOILET address: bok@mtoilet.pl) indicating the number of days by which the agreement is to be extended, no later than 2 Working Days before the end of the Agreement period. The extension of the Agreement is possible only if the device has not been previously reserved by another Customer. MTOILET informs the Customer about the possibility of extending the Agreement or the lack of such possibility via an e-mail sent in response to the Customer's message. In the event of the extension of the Agreement, the Customer will be obliged to pay the price for each additional day, in accordance with the price stated in the concluded agreement calculated for 1 month.

4. RIGHTS AND OBLIGATIONS OF MTOILET AND THE CUSTOMER

  1. MTOILET is obliged to provide the Customer with a functional, usable device that is the subject of the Agreement, and also, depending on the scope of services included in the Agreement, for its setup and servicing.
  2. The Customer is obliged to use the device that is the subject of the Agreement in accordance with its intended purpose and the provided user manual.
  3. The Customer is obliged not to transfer the device to third parties without the express consent of MTOILET, except for persons remaining with the Customer in an employment relationship or other legal relationship similar to it, with the reservation that the Customer bears responsibility for their actions and omissions, as for their own actions and omissions.
  4. In the event of failure, loss or damage to the device during the term of the Agreement, the Customer should immediately inform MTOILET about the problem via an e-mail sent to the address: bok@mtoilet.pl, indicating the order number and a description of the situation.
  5. In the absence of making the device available for return by the Customer on the last day of the Agreement, MTOILET is entitled to charge the Customer fees for non-contractual use of the device.
  6. In the case of making a damaged device available for return, MTOILET has the right to charge the Customer with the costs incurred due to the damage to the device caused by the Customer's fault.
  7. The Customer is not authorized to independently interfere with the device, including dismantling it or breaching warranty seals.

5. PAYMENT METHODS AND DEADLINES

  1. MTOILET provides the Customer with the following payment methods under the Agreement:
    1. Electronic payments and payment card payments via the PayU.pl service - possible current payment methods are specified on the Website in the information tab concerning payment methods and on the website http://www.payu.pl.
      1. Settlements of electronic payments and payment card transactions are carried out according to the Customer's choice via the PayU.pl service. The handling of electronic payments and payment cards is carried out by:
      2. PayU.pl - PayU S.A. company with its registered office in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 4,000,000 fully paid up, NIP: 779-23-08-495.
  2. Payment deadline:
    1. The Customer is obliged to make the payment within 7 calendar days from the date of concluding the Agreement, but no later than 2 days before the date MTOILET starts providing the services included in the Agreement.

6. DELIVERY AND COMMENCEMENT OF SERVICES

  1. Delivery of the device covered by the Agreement is available within the territory of the Republic of Poland.
  2. MTOILET delivers the devices covered by the Agreement to the Customer using its own transport.
  3. MTOILET commences the provision of services covered by the Agreement on the date specified in the Order and in any separate arrangements with the Customer.

7. OUT-OF-COURT COMPLAINT RESOLUTION AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

  1. Detailed information on the possibilities for a Customer who is a consumer to use out-of-court complaint resolution and redress procedures, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
  2. There is also a contact point functioning at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose tasks include providing assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
  3. A consumer has the following exemplary possibilities of using out-of-court complaint resolution and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for an out-of-court dispute resolution to the provincial inspector of the Trade Inspectorate (more information on the website of the inspector competent for the place of business activity by MTOILET); and (3) assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumers' Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (helpline open on Working Days, from 8:00 a.m. to 6:00 p.m., connection fee according to the operator's tariff).
  4. At the address http://ec.europa.eu/consumers/odr there is a platform for the online dispute resolution system between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (more information on the platform's website itself or at the web address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiry. The declaration of withdrawal from the agreement may be submitted, for example:
    1. in writing to the address: ul. Toruńska 31, 03-226 Warsaw;
    2. in electronic form via e-mail to the address: bok@mtoilet.pl.
  2. An exemplary template of the withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 12 of the Terms and Conditions. The consumer may use the form template, but it is not mandatory.
  3. The period for withdrawal from the agreement, in the case of an Agreement for the provision of services, begins on the date of conclusion of the agreement.
  4. In the event of withdrawal from a distance contract, the contract is considered not concluded.
  5. MTOILET is obliged immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the agreement, to return to the consumer all payments made by them. MTOILET shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not entail any costs for them.
  6. The consumer is liable for any diminished value of the device resulting from the use of it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the device.
  7. Possible costs related to the consumer's withdrawal from the agreement, which the consumer is obliged to bear:
    1. In the case where the performance of the service included in the Agreement - at the express request of the consumer - began before the expiry of the deadline for withdrawal from the agreement, the consumer who exercises the right of withdrawal from the agreement after submitting such a request is obliged to pay for the services provided until the time of withdrawal from the agreement. The payment amount is calculated proportionally to the extent of the service provided, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
  8. The right of withdrawal from a distance contract is not granted to the consumer with respect to contracts:
    1. (1) for the provision of services, if MTOILET has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after the performance of the service by MTOILET they will lose the right of withdrawal from the agreement; (2) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, gastronomy, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (3) for the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the consumer's express consent before the expiry of the period for withdrawal from the agreement and after informing them by MTOILET about the loss of the right of withdrawal from the agreement.

9. PROVISIONS CONCERNING ENTREPRENEURS

  1. This section of the Terms and Conditions and the provisions contained herein apply exclusively to Customers and Service Recipients who are not consumers.
  2. MTOILET is entitled at any time to take actions aimed at verifying the truthfulness, reliability and accuracy of information provided by a Service Recipient who is not a consumer. Within the scope of verification, MTOILET is entitled, among others, to request a Service Recipient who is not a consumer to send a scan of certificates, attestations or other documents held, necessary to carry out the verification.
  3. MTOILET has the right to withdraw from the Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against MTOILET.
  4. In the case of Customers who are not consumers, MTOILET has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method selected by the Customer and the fact of concluding the Agreement.
  5. In accordance with Art. 558 § 1 of the Civil Code, MTOILET's liability under warranty towards a Customer who is not a consumer is excluded.
  6. In the case of Service Recipients who are not consumers, MTOILET may terminate the agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending an appropriate statement to the Service Recipient.
  7. MTOILET's liability towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the paid price and delivery costs under the Agreement, but no more than to the amount of one thousand zlotys. MTOILET is liable towards the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits towards the Service Recipient/Customer who is not a consumer.
  8. All disputes arising between MTOILET and a Customer/Service Recipient who is not a consumer shall be submitted to the court competent for the registered office of MTOILET.

10. FINAL PROVISIONS

  1. Agreements concluded through the Website are concluded in the Polish language.
  2. Change of the Terms and Conditions:
    1. MTOILET reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in legal regulations; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
    2. In the case of concluding continuous contracts on the basis of these Terms and Conditions, the amended terms and conditions bind the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code have been met, i.e., the Service Recipient has been properly notified about the changes and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the change in the Terms and Conditions results in the introduction of any new fees or an increase in the current ones, the Service Recipient who is a consumer has the right to withdraw from the agreement.
    3. In the case of concluding agreements on the basis of these Terms and Conditions of a nature other than continuous contracts (e.g. Agreement), changes to the Terms and Conditions will not in any way infringe upon the rights acquired by Service Recipients/Customers who are consumers before the effective date of the changes to the Terms and Conditions, in particular, changes to the Terms and Conditions will not affect Orders already placed or submitted and Agreements concluded, implemented or performed.
  3. In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.