Terms & Conditions | melangers.eu

§ 1. General Provisions

1. The online store operating under the domain melangers.eu is owned and administered by Beskid Chocolate sp. z o.o., with its registered office at ul. 3 Maja 28, 34-350 Węgierska Górka, Poland, entered into the National Court Register (KRS) under the number 0001128913, REGON: 529739879, EU VAT ID: PL5532594149.

2. The Store conducts retail and wholesale sales of heavy-duty stone refiners (melangers), spare parts, and accessories for chocolate making via the Internet, operating across the European Union.

3. Customers can contact the Seller via email at support@melangers.eu or in writing to the registered office address.

§ 2. Definitions

1. Seller: Beskid Chocolate sp. z o.o., operating the melangers.eu store.

2. Customer: Any natural person, legal entity, or organizational unit with legal capacity utilizing the Store.

3. Consumer: A natural person making a legal transaction with the Seller not directly related to their business or professional activity.

4. Business Customer (B2B): A natural person, legal entity, or organizational unit making a purchase directly related to their commercial, business, or professional activity.

5. Product: A tangible movable item available in the Store, specifically machinery or spare parts, being the subject of the Sales Agreement.

6. Order: The Customer’s declaration of intent submitted via the Order Form, aimed directly at concluding a Sales Agreement.

§ 3. Technical Requirements

1. To use the Store, including browsing the assortment and placing orders, the following are required: a) a device with Internet access and a standard, updated web browser (e.g., Chrome, Safari, Firefox), b) an active email account, c) enabled cookies and JavaScript in the browser.

2. The Seller is not responsible for technical impediments on the Customer’s side that prevent the correct use of the Store.

§ 4. Electronic Services

1. The Store provides the following free electronic services: Account creation (optional), Interactive Order Form, and Newsletter.

2. The Customer is obliged to use the Store in a manner consistent with the law and good practices, providing accurate and truthful data. It is strictly prohibited to provide unlawful content or interfere with the Store’s IT infrastructure.

3. The Customer may terminate the Account service at any time by sending a request to the Seller.

§ 5. Concluding a Sales Agreement

1. Information provided on the Store’s website constitutes an invitation to conclude a contract within the meaning of applicable civil law, not a legally binding offer.

2. Placing an Order requires selecting the Products, adding them to the virtual cart, and completing the Order Form with shipping and billing details.

3. Upon receiving the Order, the Seller sends an automated email confirming its receipt. The Sales Agreement is formally concluded when the Seller sends a subsequent email confirming the Order’s acceptance for fulfillment.

§ 6. Prices and Payments

1. All prices are listed in Euros (€).

2. For Consumers within the EU, prices displayed at checkout are gross prices (including applicable local VAT under the OSS scheme).

3. For Business Customers within the EU providing a valid, VIES-registered EU VAT number, the 0% Reverse Charge mechanism applies, and prices are treated as net prices.

4. The Seller accepts the following payment methods: a) Electronic payments and credit cards via PayPal, b) SEPA Bank Transfer (BACS) directly to the Seller’s bank account.

5. Orders must be paid in full before dispatch. For standard bank transfers, failure to clear funds within 7 calendar days will result in automatic Order cancellation.

§ 7. Delivery

1. Deliveries are carried out primarily via the DPD courier network to destinations within the European Union.

2. Estimated dispatch and transit times are indicated during checkout. The Seller is not liable for carrier-induced delays.

3. Upon receipt of the shipment, the Customer is strictly obliged to inspect the parcel. In case of visible transit damage, the Customer must draft a formal Damage Protocol in the presence of the courier and notify the Seller immediately.

4. For Business Customers, the risk of accidental loss or damage to the Product passes to the Customer the moment the goods are handed over to the carrier (FCA/DAP terms).

§ 8. Statutory Warranty (Consumers Only)

1. The Seller is obliged to deliver Products free from physical and legal defects.

2. Consumers are protected by a 2-year statutory warranty (Rękojmia) against the lack of conformity of the goods with the contract.

3. Consumer complaints regarding defects should be submitted via email. The Seller will respond to the complaint within 14 calendar days.

§ 9. Commercial Warranty (Business Customers)

1. Products purchased by Business Customers (B2B) are covered by a 12-month commercial warranty against manufacturing defects.

2. This commercial warranty strictly excludes wearable and consumable components subject to natural friction during operation, including but not limited to granite stones, drive belts, tension springs, and delrin scrapers, unless inherently defective upon initial delivery.

3. Warranty claims must be initiated by contacting technical support to receive an RMA (Return Merchandise Authorization). The Business Customer covers the cost of shipping the component to the Seller’s service center in Poland.

§ 10. Right of Withdrawal (Consumers Only)

1. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason, subject to § 11.

2. The withdrawal period expires 14 days after the Consumer takes physical possession of the goods.

3. To exercise this right, the Consumer must inform the Seller of their decision via an unequivocal written statement (e.g., via email).

4. The Consumer bears the direct cost of returning the goods to the Seller’s facility.

§ 11. Exceptions to the Right of Withdrawal

1. The right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

2. Due to food safety standards, melangers and components that have been used to process chocolate, cocoa beans, or other food items cannot be accepted for a full refund. The Consumer is liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics, and functioning.

§ 12. Provisions Concerning Business Customers (B2B)

1. The provisions of this paragraph apply exclusively to Business Customers.

2. The statutory warranty (Rękojmia) for physical defects is entirely excluded for Business Customers.

3. The Seller’s total liability towards a Business Customer, regardless of its legal basis, is limited to the value of the purchase price paid for the specific Product. The Seller is not liable for indirect damages, lost profits, or production downtime.

4. Business Customers do not possess the statutory 14-day right of withdrawal.

§ 13. Out-of-Court Dispute Resolution

1. Consumers have the option to use extrajudicial means of dealing with complaints and redress.

2. Information on how to access these dispute resolution procedures is available on the EU Online Dispute Resolution (ODR) platform at: http://ec.europa.eu/consumers/odr/.

§ 14. Intellectual Property

1. All content published on melangers.eu, including text, product descriptions, photographs, graphics, and logos, is the exclusive property of Beskid Chocolate sp. z o.o. and is protected by copyright and intellectual property laws.

2. Unauthorized copying, distribution, or commercial use of any Store content without explicit written permission from the Seller is strictly prohibited.

§ 15. Final Provisions

1. Agreements concluded through the Store are drafted in English.

2. In matters not covered by these Terms, the universally applicable provisions of Polish law shall apply, in particular the Polish Civil Code and the Consumer Rights Act.

3. Any disputes arising between the Seller and a Business Customer (B2B) shall be submitted to the competent court with jurisdiction over the Seller’s registered office.

4. The Seller reserves the right to amend these Terms and Conditions for significant legal or technical reasons. Registered Customers will be notified of changes via email.