Terms and Conditions Mellem
The Terms & Conditions of service Mellem (hereinafter referred to as „Terms & Conditions”) refer to the conditions and rules for the operations of maintenance services by service Mellem Piotr Marchel, ul. Erazma Chejły 8, 08-110 Siedlce, NIP: 821-242-41-63 (hereinafter referred to as „Mellem”).
Economic entities and individuals contracting the service will be referred to as a Client.
I. General provisions
Placing an order is a conclusion of a service contract to which fully apply those Terms & Conditions. Client commissioning Mellem execution of the service is obliged to provide the basic data necessary to identify him, establishing contact easily and informing on the executed service. Mellem advises that providing personal data is voluntary, and the Customer has the right to access their data and correct them. The Client agrees to the storage and processing of his personal data only for purposes related to the service implemented by Mellem in accordance with the Law from the day 29.08.1997. Personal Data Protection (Journal of Laws No. 02101926.). The Administrator of these personal data is Mellem. Refusal to provide those information may be the basis to not to agree to accept equipment or execution of the service by Mellem. Mellem accepting the equipment does not verify the ownership of the Client to the entrusted property. The Client delivering equipment to repair declares that it has the right to dispose of it as an owner or dispatcher (eg. a broker or an authorized employee), at the same time indicating the person authorized to make decisions and arrangements in terms of scope, costs and deadline of the service. The Client agrees to transfer his VAT invoices electronically for performed services.
II. Basic Rules of Services
Customer leaving the equipment in Mellem receives through email / SMS / WhatsApp individually for each equipment a „Confirmation”, which includes basic identification data of the Client and the device (eg. the brand, type, serial number, a description of the set), a description of the fault or scope of the service. Mellem implementing the service can contact the Client (or a person designated by him) to arrange details of the order – made arrangements are recorded only in the Charter of repairs carried out by Mellem in electronic form and become binding on both parties from the moment of agreement. The Client has the right to obtain information about the progress of repair at every stage of its implementation. Mellem informs that diagnose, repair or hardware upgrade may require its dismantling and removal of guarantee seals, and this can lead to loss of a manufacturer warranty or provided by another entity (eg. the previous service). The above does not apply to software support.
Diagnostic of equipment is carried out in order to detect the causes of malfunctions (including those not reported by the Client, but noted in Mellem), to valuate costs and to set the date of repair completion as well as establishing the warranty period. The service of diagnosis is free. If the the Client, after hearing the valuation of service, withdraws from its execution does not incur any costs unless requested detailed diagnosis (opinion) of Mellem establishing the scope and cause of malfunction (with an indication of defective parts). In this case Mellem will charge the Client 50 zł.
Mellem can refuse to perform service or restrict granted warranty in case of discovering damage to an equipment resulting from improper repair or repair inconsistent with the art, as well when the maintenance had previously been carried out by other persons or entities. Mellem reserves the right not to perform the service or change the date of its realization for reasons independent of Mellem, such as late deliveries, damage to components in transport, etc.
After completion of repair or withdrawal from its realization Mellem informs the Client about the readiness of equipment for the collection, and the effective date of notification is recorded in the Charter of repair. For the effective notification is assumed delivering to the Client above information in the manner indicated by him, ie. by telephone or via e-mail. The Client is obliged to collect equipment from Mellem within 30 days from the date of the above notification. In the case of not collecting of a device within a indicated period, Mellem reserves the right to charge storage costs in the amount of 3 zł for each commenced day of storage of an equipment over specific date and time and makes the issue dependent on prior payment of storage fees. The Client is obliged to immediately inform Mellem about a change in contact information, because through no fault of Mellem, unable to establish contact for 30 days begins period for calculating storage fees. „Confirmation” is a document required by the collection of an equipment from repair. In the case of its absence (loss, destruction, etc.), the burden of proving entitlement to a particular piece of equipment is the Client’s responsibility. Mellem is not responsible for the devices and accessories left by the equipment, but not included in the „Confirmation”.
III. Cancellation of service
The Client has the right to cancel the service at every stage of its realization. In case of cancellation of the service by the Client after agreement and acceptance of the final price, Mellem may demand from the Client to cover the cost of used parts and any service operations, depending upon it the issue of an equipment. Mellem indicates that the equipment that has not been successfully repaired may have symptoms other than by admission to Mellem, depending on the diagnostic methods and performed maintenance.
IV. The data on the Client’s storage media
The Client giving Mellem storage media (including those incorporated into appliances) declares that it owns or has the right to the data and takes full responsibility for any consequences arising from the copyright infringement in the case of the disclosure of their content legally prohibited or infringing licenses or rights of third parties. In order to ensure the security of the Client’s data he should back them up himself or arrange for it to be made by Mellem (paid service). About the possibility of paid backup Mellem informs the Client. Mellem is not responsible for the availability, integrity and responsiveness of a data and applications on the Client’s storage media and for the consequences resulting from the loss of data, and in particular in the case of disclosure of defects or hidden defects in the storage media or existing of malware (viruses, etc.). Mellem does not interfere with the data contained on the Client’s storage media, unless the subject of service is an installation or a repair of the software or a data recovery. In the case of order operating system servicing (repair, installing, uninstalling the software) Mellem may request access to user passwords with administrative privileges (root). Realization of the service of software installation requires that the Client delivers needed, active licenses (not applicable to applications distributed as GNU, GPL, BSD or Freeware). Data recovery service is performed only after an analysis of the condition of the source storage medium and eventual hardware repair. Analysis of the condition and structure of the storage media and repair of it are paid services, included into the cost of data recovery. Mellem, in any case, does not guarantee effective data recovery until obtaining copies of complete and undamaged files. Mellem then prepares a list of the files and together with the valuation presents to the Client for approval. The Client after acknowledging the statement of recovered files and valuation has the right to opt out of data recovery (bearing only the cost of the repair and analysis) or agree on realization of service, ie. receiving a copy on designated storage media. Mellem immediately after the resignation from the service or providing the Client with a copy of recovered files permanently removes them from its resources and returns the source media without the guarantee on its functioning. Mellem informs that in the course of work with a damaged storage medium may occur its degradation impeding or completely preventing further data recovery. Thus Mellem is not responsible for the aftereffects resulting from the deterioration of the technical condition of the delivered storage media. Mellem guarantees the protection of entrusted data and protection against copying and access by third parties; ensures compliance with trade secrets, ie. business secrets within the meaning of the Act on combating unfair competition (Journal of Laws of 2003. No. 153, item. 1503) and protection of personal data in accordance with the Law on Personal Data Protection (Journal of Laws 1997 No. 133 pos. 883).
V. Repair and charges
Given examples of repair prices on webpage mellem.pl and an approximate cost of repair given to the Client when placing an order shall be determined on the basis of statistics of the cost of repairs made earlier by Mellem under other contracts of a similar nature of fault, but they can be changed about what the Client will be informed in advance. These contents are informative and do not constitute an offer within the meaning of the Civil Code.
[Currently unavailable: By placing an order via the website the Client creates an account in the system mellem.pl by providing his forename, surname and e-mail address. Once logged in the Client can manage its personal information, contact details and orders. The Client’s account is password protected. The password and other access data are confidential and should not be transferred by the Client to unauthorized persons. Company Mellem is not responsible for: providing the account login information by the Client to a third party and the interference of that person against the knowledge and the will of the account holder. Mellem never asks the Client to give a password. It is used only to log in on mellem.pl.]
Mellem performs service at the highest level, in conformance with prevailing norms and standards in terms of technology, used tools and methods, as well as required professional skills of its employees. In the event that in the course of repair turns out that its accomplishment requires fixing of the other, not indicated by the Client fault, which results in an increase in the cost of servicing above the amount approved by the Client, Mellem will ask him to accept this cost. If the Client does not accept the cost, or does not agree to repair additional defects, which is a prerequisite for successful repair of fault indicated in the contract, it is regarded that the Client waives repair. In such situation the device is returned to the Client. Mellem does not issue damaged parts from carried out repairs.
VI. Cost of Service
The total cost of order consists of:
Cost of the service, including the cost of spare parts,
Costs of ordered by the Client additional services,
Possible additional cost associated with the selected by the Client method of payment for the service or goods.
Cost of the service is determined as a result of diagnosis of a device, and the additional costs are given to the Client in the course of placing the order. Placing an order is tantamount to acceptance by the Client its cost and optionally costs of ordered additional services and the possible extra cost associated with the selected by the Client method of payment for the service, as well as service of shipping of the device if applicable. Purchasing a particular service the Client is informed of the probable maximum cost of this service. This means that Mellem is not obliged to obtain from the Client a separate approval for the cost of repair lower or equal to a specified limit. In a situation when the cost of the service exceeds the limit specified by the Client, Mellem undertakes to contact the Client in order to obtain approval of the cost of servicing. Repair is not carried out if the Client does not accept its cost. In such situation the device is returned to the Client after paying by him all eventual financial issues.
Mellem accepts the following methods of payment:
Payment by bank transfer,
Cash on delivery,
Online payment via PayPal.
The selected payment method can involve incurring additional cost by the Client. The Client is informed before placing an order about the amount of this cost. Mellem after completion of the order issues an invoice to the Client for serviced carried out.
VIII. Time of execution of a service
Mellem declares the execution of the service in time equal or shorter than set individually for each service order, measured from the date of receipt of the device by Mellem, about what the Client will be informed.
Time of an execution of a service is extended by:
The waiting time for acceptance of the repair cost by the Client,
The waiting time for making payment for the service by the Client .
In special cases (very complex damages, devices rarely traded on the Polish market, the lack of availability of spare parts on the Polish market) Mellem will inform the Client about possible time of the order execution.
IX. Warranty and Complaints
After a repair or hardware upgrade Mellem gives a 3 month warranty for its correct work to the extent specified in the „Confirmation”. The warranty applies only to cases of defective functioning of the equipment, which are caused by manufacturing defects of one or few of the replaced during repair or upgrade components, or their improper installation in the device. The warranty does not apply to maintenance activities of equipment described in the manual or instructions of use. These activities are the responsibility of the user and can be performed by Mellem additionally, at the expense of the Client. Warranty does not cover consumables. The warranty does not cover damage resulting from misuse or improper usage of equipment or in a manner different from the approved by the manual. The issued warranty also excludes responsibility of Mellem in case of damages resulting from not preserving by the user due diligence or omission, and in particular: mechanical damages, liquids damages, impact of vapors and volatile substances, or overheating, breaches of rules of ESD protection ESD (Electrostatic sensitive device) and force majeure. The condition of warranty repair is delivering of the faulty equipment to Mellem together with issued „Confirmation” – usually sent to the email of the Client. The cost of delivery of the equipment to Mellem bears The Client and he is obliged to properly secure the equipment for transport. The delivered equipment must meet basic hygiene conditions, otherwise the cleaning of the equipment will be carried out for a fee, at the expense of the Client. Mellem can refuse warranty repair in the event of removal or breach of guarantee seals placed by Mellem.
Mellem obliges itself to remove at its own expense hardware defects revealed within the warranty period (3 months counted from the date of device repair) within 14 days from the date of delivery of equipment, reserving the right to extend this period in justified cases up to 30 days.
In the case of refusal of accepting Warranty The Client decides to:
carry paid repair out;
collect the device from Mellem without additional charge;
send back the device in the state in which it was delivered to Mellem at the expense of the Client.
X. Specific situations
Mellem maintaining special care will make not less than 3 attempts to contact the Client (phone, e-mail) in order to bring to the collection of the device. If for 90 days from the notice to the Client about the finalized repair does not come to collection of the device, it will be recycled.
Delivery of equipment to Mellem takes place in person or by a courier company or by any registered mail. Delivery of a broken device to Mellem is done by the Client, unless agreed otherwise. The Client should securely protect a damaged equipment for the transport (place it in an original or replacement box).
All deliveries / shippings should be addressed to the office of the company: Mellem Piotr Marchel, ul. Erazma Chejły 8, 08-110 Siedlce.
On request of the Client, the device will be delivered to the address given by himself in the „Confirmation”. Delivery costs pays the Client.
XII. Exclusions of Liability
Mellem under no circumstances be held liable for any loss of data and programs stored in the repaired device.
Mellem is not liable for a damage in transit resulting in a situation of use by the Client its own packaging if the packaging does not meet all of the following requirements:
Provides a rigidness of a package,
Protects the device against mechanical damage,
Prevents shifting of a device in a packaging,
Prevents from self opening of the consignment,
and the damage is the result of failure to comply with these requirements.
Mellem is not responsible for hidden defects of a device delivered to repair and irregularities in its operation, unless the damage is directly related to a fault, which repair was contracted with Mellem.
The Client ordering services in Mellem declares that have read the contents and accepts the Terms & Conditions. Other agreements of the parties beyond the content of the Terms & Conditions must be made in writing. In all matters, not regulated by Terms & Conditions, the Civil Code is applicable.
In the event of failure by Mellem to meet the obligations contained in the Terms & Conditions, the Client has the right to contact the Municipal Consumer Ombudsman, which role is to help the Client to assert his rights.