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Terms and Conditions
§ 1. Definitions
- Regulations - these Rules and Regulations, which define the principles for the conclusion of distance sales agreements through the Internet Store, the principles for the performance of these agreements, the rights and obligations of the parties to the distance sales agreement and the principles for the complaint procedure. With regard to services provided electronically, the Rules and Regulations are respectively the rules and regulations referred to in Article 8 of the Electronic Services Act.
- Customer - a natural person with full legal capacity, a legal person or an organisational unit without legal personality, to whom the Act grants legal capacity, who enters into a Distance Sales Agreement with the Seller.
- Consumer - a natural person making a legal transaction with the trader not directly related to his economic or professional activity.
- Individual Entrepreneur - a natural person concluding a Distance Sales Agreement directly related to his/her business activity, when the content of this Agreement indicates that it is not of a professional nature for this person, in particular resulting from the subject of his/her business activity, made available on the basis of the provisions of the Central Register of Business Activity and Information.
- Entrepreneur - a natural person, a legal person or an organisational unit which is not a legal person and to which the Act confers legal capacity, conducting in its own name economic or professional activity.
MTuning Mateusz Wrzesień,
tel. +48 17 873 38 46,
- Seller's registered office address:.
- Internet Shop - the website operated by the Seller, available at the electronic addresses: https://mtuning.pl through which the Customer can obtain information about the Goods and their availability and purchase the Goods or order a service.
- Distance Sales Agreement - an agreement for the sale of Goods/agreement for the provision of a Digital Service or Digital Content (if applicable), concluded through the Online Shop.
- Goods - a movable item that the Customer may purchase from the Online Shop.
- Digital Service - a service that allows the Consumer to:
- producing, processing, storing or accessing data in digital form;
- the sharing of data in digital form that has been uploaded or created by the Consumer or other users of this service;
- other forms of interaction through data.
- Digital Content - data produced and provided in digital form.
- Permanent medium - means a material or tool that allows the Customer or the Vendor to store information addressed personally to the Customer or the Vendor in such a way that the information can be accessed in the future for a period of time appropriate to the purposes for which the information is used and that allows the stored information to be reproduced unchanged, in particular email.
- Electronic order form - electronic order procedure made available by the Seller to the Buyer.
- Electronic Return Form - the electronic returns procedure made available by the Seller to the Buyer; available at https://mtuning.pl/returns-open.php.
- Electronic Claim Form - the electronic claim procedure provided by the Seller for the Buyer; available at https://mtuning.pl/rma-open.php.
- Sending an order - validation of an order by clicking on the "" button by the Customer, treated as submission by the Customer of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
- Account - a set of data stored in the Online Store and in the Seller's ICT system pertaining to a given Customer and the orders placed by the Customer and distance Sales Agreements concluded by the Customer, with the use of which the Customer may place orders, and in due time - cancel or edit, and conclude Distance Sales Agreements.
- Order handling opinion or opinion of individual Goods - subjective statements and ratings awarded in the form of stars from 1 to 5.
§ 2 General provisions
- types and scope of services provided by electronic means:
- conclusion of Sales Agreements online - with regard to Goods sold in the Internet Shop,
- principles of registration and use of an Account in the framework of the Internet Shop,
- adding opinions, comments and ratings - the Customer may add an opinion or comment to his/her order,
- sending e-mails in which the Seller confirms receipt of an order, possible receipt of payment, acceptance of an order for processing.
- The use of the Online Store is possible on condition that the computer system used by the Customer meets the following minimum technical requirements:
- web browsers in the current version e.g.:
- Microsoft Edge
- any program for viewing files in PDF format.
- web browsers in the current version e.g.:
- The content located on the pages of the Internet Shop, including descriptions of Goods and prices constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- The Seller shall make these Terms and Conditions together with the Annexes available through a link on the home page before, during and after the conclusion of the remote sales agreement. The Purchaser may download and print it.
- In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organisational measures appropriate to the degree of security of the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transmitted over the Internet.
§ 3 Orders
- placing an order in the Online Store can be done through an Account or choose the option of purchase without registration, in which case an internal account is created, on the basis of which the Customer can create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.
- The purchase is made by completing an electronic order form available on the pages of the Online Store. The selection of the ordered Goods is made by adding them to the basket. The Electronic Order Form specifies, among other things, which Goods, at what price and in what quantities the Customer wishes to order to the location indicated by him/her. The Customer takes the appropriate technical steps based on the messages displayed.
- Once the Customer has entered all the necessary data, a summary of the order placed will be displayed. The order summary will contain information concerning: Seller's identification data, the subject of the order, unit and total price of the ordered Goods, including delivery and other costs, if any, the selected method of payment, the selected method of delivery, time and cost of delivery.
- If the subject of the contract is the provision of Digital Content or Digital Services that are not stored on a tangible medium or services provided electronically or remotely - the Consumer in the additional checkbox required to place the order and located on the Electronic Order Form gives the following consent: "I consent to the delivery of digital content which is not recorded on a tangible medium or to the commencement of the service before the expiry of 14 days from the date of conclusion of the contract and acknowledge the loss of the right of withdrawal". The Seller will confirm receipt of the aforementioned consent by email.
- In order to place an Order, it is necessary to provide in the Electronic Order Form the personal data marked as mandatory, to accept the content of the Terms and Conditions, to send the Order by pressing the button "".
- Sending an electronic order form by the Customer constitutes a binding declaration of intent to conclude a Distance Sales Agreement, in accordance with the content of these Terms and Conditions.
- A Distance Sales Agreement shall be deemed concluded at the moment the Seller accepts the Electronic Order Form, which is confirmed by displaying a message to the Buyer confirming the acceptance of the order and providing its number.
- After concluding a Distance Sales Agreement, the Customer receives a confirmation of the placed order in the form of an e-mail, which includes: confirmation of acceptance of the order and the final confirmation of all important elements of the Order and the general conditions of the concluded Distance Sales Agreement (Terms and Conditions of the Online Store, including Attachments No. 1 and 2), Seller's data, Seller's liability for the quality of performance, about the services provided by the Seller after the sale and about the manner and effects of withdrawing from the agreement. Instructions on the manner and effects of withdrawal from the contract are contained in Appendix 1.
- Until the Seller starts the processing of the order:
- the Customer may change his order using the technical solution available on the Electronic Order Form page and going through the entire order path again. The order is changed by placing a new order that replaces the one previously placed. Alternatively, the payment made by the Customer is credited to the new order and, in the event of an overpayment, it is returned to the bank account from which the payment was made.
- The Customer may cancel his/her order by selecting the "cancel order" option available on the Electronic Order Form page.
- If the Customer cancels the order, the Seller shall refund the payment received within 3 working days. The payment will be refunded using the same payment method used by the Customer.
- The processing time for the Order is between 1 and 10 working days from the date of conclusion of the contract.
§ 4 Payment
- The Online Shop offers the possibility of payment in the form of prepayment, cash on delivery (with payment on account after delivery). The deferred payment option is possible in situations individually agreed with the Seller.
- Payment for the goods can be made by the method selected at the time of ordering on the Electronic Order Form.
- the currently available prepaid payment methods in the Online Shop are available at https://mtuning.pl/eng-payments.html.
§ 5 Delivery
- On the Electronic Order Form, the Customer shall select the method of delivery by ticking the choice made.
- In the event that the Goods are not collected by the Customer, resulting in the return of the Goods to the Seller - the Seller may withdraw from the sales contract, after calling the Customer in an e-mail given in the purchase process to perform the contract. The withdrawal from the contract is made by making a statement to the Customer in the form of an e-mail message.
- In the situation indicated in point 2, the Seller is obliged to immediately return to the Customer the payment received for the Goods purchased by the Customer.
- The currently available delivery methods in the Online Shop are available at https://mtuning.pl/eng-delivery.html.
§ 6 Withdrawal from the contract - electronic return form
- A consumer who has concluded a Distance Sales Contract may, within 14 days, withdraw from it without giving any reason. In the event of withdrawal from a Distance Sales Contract - the contract shall be deemed not to have been concluded.
- The individual Entrepreneur shall also have the right to withdraw from the contract under the terms of paragraphs 6 and 7 hereof. Insofar as in paragraphs 6 and 7 of these Terms and Conditions refers to the Consumer, it is also understood to mean the Individual Entrepreneur.
- In the case of withdrawal from the contract - the Consumer shall bear only the direct costs of returning the Goods.
- The Consumer's statement must clearly express his will to withdraw from the contract, in particular the Consumer may:
- use the electronic return form available on the website of the Online Shop: https://mtuning.pl/returns-open.php.
- withdraw from the contract using the withdrawal form attached as Appendix 2 - by sending it to the address: Morgowa 85A, 35-323 Rzeszów, Poland.
- The Seller shall immediately confirm on a durable medium the fact of receipt of the statement of withdrawal from the contract submitted in the manner indicated in subsections 1 and 2.
- Sending the statement before its expiry shall be sufficient to meet the deadline.
- The period for withdrawal from the contract shall begin:
- for a contract in the performance of which the Seller delivers the Goods, being obliged to transfer their ownership - from the taking possession of the Goods by the Consumer or a third party other than the carrier indicated by the Consumer, and in the case of a contract which:
- involves multiple items which are delivered separately, in batches or in parts - from taking possession of the last item, batch or part;
- consists of the regular delivery of goods over a defined period of time - from the taking possession of the first item;
- for other contracts - from the day of conclusion of the contract.
- for a contract in the performance of which the Seller delivers the Goods, being obliged to transfer their ownership - from the taking possession of the Goods by the Consumer or a third party other than the carrier indicated by the Consumer, and in the case of a contract which:
- The form of declaration of withdrawal from the contract (Appendix No. 2 to these Regulations) and information on exercising the right of withdrawal (Appendix No. 1 to these Regulations) shall be provided in electronic form.
- In the case of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Seller may prevent the Consumer from further use of the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.
- In the event of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Consumer shall stop using that Digital Content or Digital Service and making it available to third parties.
- The right of withdrawal from a Distance Sales Contract shall not apply to the contracts indicated in Article 38 of the Act of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, inter alia Contracts:
- for the provision of services for which the Consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who has been informed before the start of the performance that after the Seller's performance he will lose the right to withdraw from the contract and has acknowledged this.
- in which the price or remuneration depends on fluctuations in the financial market which are not under the trader's control and which may occur before the end of the withdrawal period;
- whose object of performance is an item which is not prefabricated, produced to the consumer's specifications or intended to meet the consumer's individual needs;
- whose object of performance is an item supplied in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery;
- for the supply of sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;
- the supply of Digital Content not supplied on a tangible medium for which the Consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the Consumer, who has been informed prior to the commencement of performance that after the Seller's performance the Consumer will lose the right to withdraw from the contract and has acknowledged this;
- the subject of which is a perishable item or an item that has a short shelf life and in which the subject of the performance are items that are, by their nature, inseparable from other items after delivery;
- for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
- concluded by public auction;
- for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or the period of performance of the service;
- where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;
§ 7 Effects of withdrawal from the contract
- The Seller shall, within 14 days from the date of receipt of the notice of withdrawal from the Agreement for the sale of an item, refund to the Consumer all payments made by the Consumer, including the costs of delivery, corresponding to the cheapest method of delivery offered by the Seller.
- Reimbursement of payments shall be made using the same method of payment used by the Consumer.
- If the Consumer in order to exercise the right of withdrawal - uses the Electronic Return Form - the funds will be refunded by the chosen method and to the bank account provided by the Consumer.
- If the Seller has not offered to collect the Goods from the Consumer himself, the Seller may withhold reimbursement of the payment received from the Consumer until he has received the Goods back or the Consumer has provided proof of their return, whichever event occurs first.
- The Seller may offer to the Consumer to collect the Goods from the Consumer himself. However, if the Seller has not made such an offer - the Consumer should return the thing to the Seller (or a person authorised by the Seller to collect it) immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to return the item before its expiry. Goods that the Consumer returns should be sent to the address: Morgowa 85A, 35-323 Rzeszów, Poland.
- The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
- The Consumer may not withdraw from the contract if the Digital Content or Digital Service is provided in exchange for the payment of a price and the lack of conformity of the Digital Content or Digital Service with the contract is immaterial.
- The Seller may request the return of the tangible medium on which it has supplied the Digital Content within 14 days of receipt of the Consumer's declaration of withdrawal. The Consumer shall return the medium immediately and at the Seller's expense.
- The Seller shall be obliged to return the price only to the part corresponding to the Digital Content or Digital Service not in conformity with the contract and the Digital Content or Digital Service, the obligation to provide which has fallen due to withdrawal from the contract.
§ 8 Complaint
- A complaint about a defect in the Goods or non-compliance of the Goods with the concluded Remote Sales Contract may be filed:
- via the Electronic Complaint Form;
- in writing to the address: Morgowa 85A, 35-323 Rzeszów, Poland or by e-mail to email@example.com.
- In the notification, it is necessary to specify a defect which, in the opinion of the Buyer, the Goods have, claims against the Seller, and if possible - to document the said defect and provide proof of purchase of the Goods in the Online Shop. The Seller shall respond to the complaint within 14 days of its receipt. If he has not responded within the aforementioned time limit, it shall be deemed that he has acknowledged the complaint. The response to the complaint shall be provided by the Seller to the Buyer in writing or on a durable medium.
- The steps to be taken by the Buyer in order to lodge a complaint, including the method of delivery of the Goods under complaint to the Seller are indicated at various stages in the Electronic Complaint Form.
- In the event that the Seller considers the complaint as justified: the costs of replacement, repair, including the cost of shipping associated with the complaint of the Goods shall be borne by the Seller.
- The Seller shall be liable to the Consumer, as well as to the Individual Entrepreneur, for the lack of conformity of the Goods with the Distance Sales Contract under the principles that result from the Act of 30.05.2014 on Consumer Rights.
- The Seller shall be liable for non-compliance of the Goods with the Contract of Sale concluded remotely existing at the time of its delivery and disclosed within two years from that time, unless the term of usefulness of the Goods, specified by the Seller, is longer.
- The Seller shall repair or replace the Goods within 14 days of acknowledging the complaint. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
- The Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods at his own expense. 6.
- The Seller shall deliver the Goods free from defects and shall be liable to the Entrepreneur for defects of the purchased Goods under the terms of the Civil Code.
- The delivery of Digital Content or Digital Service to the Consumer or the Individual Entrepreneur shall be made in accordance with the principles that arise from the Act of 30.05.2014 on Consumer Rights.
- Digital Content shall be deemed to have been delivered when the Digital Content or the means that allows access to the Digital Content or the downloading of the Digital Content have been made available to the Consumer or to a physical or virtual device that the Consumer has independently selected for that purpose, or when the Consumer or such device, has accessed it.
- The Digital Content shall be deemed to have been delivered when the Consumer or the physical or virtual device which the Consumer has independently selected for that purpose has accessed it.
- The Seller shall bring the Digital Content or Digital Service into conformity with the contract within 21 days from the moment the Seller is informed by the Consumer of the lack of conformity with the contract and without undue inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into conformity with the Contract shall be borne by the Seller.
§ 9 Opinions
- An opinion on the handling of an order or an opinion on an Item can be submitted during a visit to the Online Shop by clicking on the interface next to the Item or by clicking on the link provided in the email. The addition of an opinion is voluntary and free of charge. The customer may only place one Rating within an order. 2.
- In the ratings, the customer may assign a star rating from 1 to 5 and add a verbal comment limited to 65535 characters.
- The ratings are stored and displayed publicly on the Online Shop website, as well as on the websites https://zaufaneopinie.idosell.com and https://trustedreviews.idosell.com.
- The Seller verifies the Opinions using the e-mail address that was used in the purchase process of the Goods in question. An Opinion which is placed by a person using the e-mail address which was used in the purchasing process - is marked on the website of the Shop with the comment "opinion confirmed by purchase". Any other Opinion is marked as an "opinion not confirmed by a purchase".
- The Seller may publish Opinions on a given Merchandise from its other online Stores.
- The Seller will not change the Opinions in terms of their content or the stars awarded.
- The buyer is solely and solely responsible for the content of the opinion. The seller reserves the right to delete an opinion under the terms of the law and these terms and conditions.
- The submission of information that is untrue, misleading, vulgar, aggressive, offensive or manifestly immoral is prohibited. It is also unacceptable to upload content that is unlawful, infringes the rights of third parties or constitutes an act of unfair competition. 9.
- The Customer undertakes not to place content that contains links to external websites, is of a promotional or advertising nature or contains personal data of third parties.
- The content of the rating may be hidden from other users of the Store at the Customer's express request, but the star rating awarded will be included in the overall rating of the Store and the Merchandise.
§ 10 Intellectual property
- The Customer declares that he/she is not entitled to any rights, including copyrights or related rights to the evaluations and statements posted by him/her, except for the right to use the Online Shop in the manner specified in the Terms and Conditions. The Customer shall not be entitled to any rights to record, reproduce, make available, publicise or disseminate the content, unless such a right results from the provisions of law or these Terms and Conditions.
- The Customer shall not be entitled to interfere in any way with the content, in particular the content, structure, form, graphics, mechanism of operation or other elements of the Online Store.
- By placing Opinions in the Online Store, which constitute works within the meaning of the Act of 4.2.1994 on Copyright and Related Rights - the Client grants the Seller a non-exclusive and gratuitous licence, unlimited in terms of time and territory, to use these works by the Seller, together with the right to grant a sub-licence, which includes making the work available to the public in such a way that everyone can have access to it at a place and time individually chosen by them (the Internet). The licence is granted in respect of all fields of exploitation known at the time of its granting, in particular the following fields of exploitation:
- in the field of recording and multiplication of the work by any technique - in particular by printing, reprography, magnetic recording, digital technique, i.e. using any technique on any audiovisual or visual carrier, in particular on audiovisual discs, CDs, computer disk, in a multimedia network, including the Internet and related on-line services and multiplication, recording, use on the Internet, advertising, multiplication of the recording in electronic form in computer memory and in internal and external networks,
- use of the whole or fragments or any elements of the work, with the possibility of making modifications resulting from the nature of the given online medium - in all publications, especially online, digital, newsletters and information, alone or in combination with other works or fragments of works; use in whole or in fragments for the purposes of promotion and advertising, especially in the form of audiovisual, audio, media advertising.
- within the scope of trading in the original or copies on which the work has been fixed - marketing, lending, leasing the original or copies,
- within the scope of dissemination of the work in a manner other than specified above - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the work available to the public in a manner allowing everyone to have access to it in a place and at a time chosen by them,
- use of works for promotional and marketing purposes;
- the deletion of the Account by the Customer or of an Opinion pursuant to section 9, item 8 shall not affect the validity of the aforementioned licence.
§ 11 Final provisions
- In the event that any of the provisions of these Terms and Conditions is modified or invalidated by a decision of a competent authority or court, the remaining provisions shall remain in force and are binding on the Seller and the Customer.
- The Seller reserves the right to amend these Terms and Conditions. Any agreements concluded before the date of entry into force of the new regulations shall be implemented on the basis of the regulations that were in force on the date of conclusion of the agreement.
- The law applicable to the settlement of any disputes related to the Terms and Conditions shall be the Polish law. These disputes will be settled by the locally competent common court. The Customer who is a Consumer may also make use of out-of-court ways of handling complaints and pursuing claims. All information on out-of-court ways of dealing with complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are of a voluntary nature and both parties must agree to them.
- Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform you that the platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is a one-stop-shop website for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract.
§ 12. Annex 1 - Information concerning the exercise of the right of withdrawal
- You have the right of withdrawal under the following conditions for the Consumer and the Individual Entrepreneur.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 14 days:
- in the case of a contract of sale, from the day on which you take possession of the goods or on which a third party other than the carrier and indicated by you takes possession of the goods;
- in the case of a contract which involves the obligation to transfer the ownership of several items which are delivered separately from the day on which you acquire the possession of the last item or on which a third party other than the carrier and indicated by you acquires possession of the last item;
- in the case of a contract which provides for transfer of ownership of items which are delivered in instalments or parts from the day on which you acquire possession of the last instalment or part or on which a third party other than the carrier and indicated by you acquires possession of the last instalment or part;
- in the case of contracts for regular delivery of goods, for a defined period of time from the day on which you acquire possession of the first good or on which a third party other than the carrier and indicated by you acquires possession of the first good;
- in the case of contracts for the supply of services or digital content which is not supplied on a tangible medium, from the day of the conclusion of the contract.
- In order to exercise your right of withdrawal, you must inform us, ie: MTuning Mateusz Wrzesień, Morgowa 85A, 35-323 Rzeszów, Poland, tel +48 17 873 38 46, firstname.lastname@example.org of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail).
- You may use the model withdrawal form, but this is not obligatory.
- You may also fill in the Electronic Return Form available on the website of the Online Shop: https://mtuning.pl/returns-open.php. If you use this option, we will send you an acknowledgement of receipt of your notice of withdrawal on a durable medium without delay.
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
- In the event of withdrawal from this contract, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise.
- In the case of contracts involving the transfer of ownership of an item where we have not offered to collect the item in the event of withdrawal - we shall withhold reimbursement until we have received the item or until you have supplied us with proof of its return, whichever event occurs first.
- Please send the returned item back to: MTuning Mateusz Wrzesień, Morgowa 85A, 35-323 Rzeszów, Poland immediately and in any event not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the expiry of the 14-day period. You will have to bear the direct costs of returning the item.
- due to the weight and dimensions of the Goods, in the event of withdrawal from the contract - returning the Goods may involve higher costs than normal postal delivery. If you wish to use the services of courier companies, it may be necessary to send the shipment on a pallet, which is more expensive than ordinary postal delivery.