Rules of procedure
Terms and conditions of the online shop
§ 1
Introductory provisions
1. Modusdesign internet shop, available at www.sklep.modusdesign.com, is run by modus design Marek Cecuła with its registered office at Rynek 11, Kielce 25-303, number nip6571887703, number Regon 292825843.
2. These regulations are addressed to both consumers and entrepreneurs using the shop and define the rules of using the online shop as well as the rules and procedure of concluding sales agreements with the customer remotely through the shop.
§ 2
Definitions
1. Consumer - a natural person concluding a contract with the seller within the shop, the subject of which is not directly related to its business or professional activity.
2. Seller - a natural person running a business activity under the name of .modus design Marek Cecuła, registered in the central register and information on business activity (ceidg) maintained by the minister in charge of economy, nip 6571887703 Regon 292825843
3. Customer - each entity purchasing through the store.
4. Entrepreneur - a natural person, legal person and organizational unit not being a legal person, which is granted legal capacity by a separate act, performing on its own behalf a business activity, which uses the store.
5. Store - an online shop run by the seller at the internet address www.sklep.modusdesign.com
6. Distance contract - an agreement concluded with a customer under an organized system of concluding distance contracts (within the store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time of concluding the agreement.
7. Regulations - these regulations of the store.
8. Order - a declaration of will of the customer made by means of the order form and aiming directly at concluding a sales agreement for the product or products with the seller.
9. Account - a customer's account in the store, it collects data given by the customer and information about orders placed by him in the store.
10. Registration form - a form available in the store, enabling the creation of an account.
11. Order form - an interactive form available at the store enabling placing an order, in particular by adding products to the basket and specifying the terms of the sales agreement, including the method of delivery and payment.
12. Basket - an element of the store's software in which the products selected by the customer for purchase are visible, and it is also possible to determine and modify the order data, in particular the number of products.
13. Product - a movable item available in the shop/service subject to the sales agreement between the customer and the seller.
14. Sales agreement - a contract of sale of a product concluded or to be concluded between the customer and the seller via the internet shop. The sales agreement shall also be understood as - applying to the features of the product - a contract for the provision of services and a contract for a work.
§ 3
Contacting the store
1. Seller's first address is Rynek 11, 25-303 Kielce.
2. The seller's e-mail address is: info@modusdesign.com
3. The telephone number of the seller: 793666520
4. The seller's bank account number:
- Pl 18 1140 2017 0000 4102 1309 5957
5. The customer may communicate with the seller using the addresses and telephone numbers specified in this paragraph.
§ 4
Technical requirements
To use the store, including browsing through the assortment of the store and placing orders for products, it is necessary:
A. A terminal device with internet access and a web browser such as firefox, chrome,
B. An active e-mail account,
C. Cookies enabled,
D. Flash player installed.
§ 5
General information
1. The seller, to the fullest extent permitted by law, shall not be liable for any interruptions in the functioning of the shop caused by force majeure, unauthorized actions of third parties or incompatibility of the shop with the technical infrastructure of the customer.
2. Reviewing the assortment of the store does not require creating an account. Placing orders by the customer for products in the store's assortment is possible either after opening an account in accordance with the provisions of § 6 of the regulations or by providing the necessary personal and address data to enable the completion of the order without creating an account.
3. The prices given in the store are in polish zlotys and are gross prices (vat included).
4. The final (final) amount to be paid by the customer shall include the price of the product and the cost of delivery (including transport, delivery and postal services), of which the customer shall be informed on the websites of the store during the placement of the order, including at the time of expressing the will to be bound by the sales agreement.
5. Where the nature of the subject matter of the agreement does not permit, in a reasonable assessment, an earlier calculation of the final (final) price, information on the manner in which the price will be calculated, as well as on charges for transport, delivery, postal services and other costs, shall be given in the description of the product in the store.
§ 6
Customer registration.
In order to conclude a contract of sale, it is not necessary to register the customer in the online shop.
Customer registration consists in filling in the form available on the website and activating the account in the shop's it system by launching a website in a browser located under the url address included in the message sent by the seller to the customer.
The client is obliged to keep the data necessary for logging in confidential. The seller shall not be liable for any damage caused by third parties who have obtained the necessary login data.
By registering, the client confirms that he has read the regulations and accepts them without reservation.
The seller reserves the right to verify the data provided by the customer during registration by e-mail or telephone. The seller is entitled to delete the account created in the online store's it system in the event that the data provided are obviously incorrect.
§ 7
Rules of placing an order
In order to place an order it is necessary to:
1. Log in to the store (optional);
2. Select the product which is the subject of the order, and then click the "to cart" button (or equivalent);
3. Log in or make use of the possibility to place an order without registration;
4. If the option of placing an order without registration has been selected - fill in the order form by entering the data of the recipient of the order and the address to which the product is to be delivered, select the type of shipment (method of delivery of the product), enter the invoice data if different from the data of the recipient of the order,
5. Click the "order & pay" button / click the "order & pay" button and confirm your order by clicking on the link provided in the e-mail,
6. Choose one of the available payment methods and, depending on the payment method, pay for the order within the specified time limit, subject to § 8.3.
§ 8
Delivery and payment methods offered
1. The customer may use the following methods of delivery or collection of the product ordered:
A. Courier delivery,
B. A personal collection is available at the address: 25-303 kielce, rynek 11/1
2. The client may use the following payment methods:
A. Receipt payment
B. Payment by bank transfer to the seller's account
C. Paypro electronic payments (przelewy24.pl)
D. Payment by credit card.
3. Detailed information on delivery methods and acceptable payment methods can be found on the store's website.
§ 9
Performance of the sales contract
1. The sales agreement between the customer and the seller shall be concluded after the customer has placed an order using the order form in the online store in accordance with § 7 of the regulations.
2. After placing an order, the seller shall immediately acknowledge its receipt and at the same time accept the order for execution. Confirmation of receipt of the order and its acceptance for execution shall be effected by sending an appropriate e-mail message by the seller to the customer to the customer's e-mail address provided during the placement of the order, which shall include at least the seller's declarations of receipt of the order and of its acceptance for execution, as well as confirmation of the conclusion of the sales agreement. Upon receipt by the customer of the above e-mail, the sales agreement between the customer and the seller shall be concluded.
3. In case of selection by the client:
A. Payment by bank transfer, electronic payment or payment by payment card, the customer is obliged to make the payment within 7 calendar days from the date of conclusion of the sales agreement - otherwise the order will be cancelled.
B. Payment in cash upon receipt of the personal shipment, the customer is obliged to make payment upon receipt of the shipment within 7 days from the date of receipt of information about the readiness of the shipment for receipt.
4. If the customer has chosen a method of delivery other than personal acceptance, the product shall be sent by the seller within the time limit indicated in its description (subject to paragraph 5 hereof), in the manner chosen by the customer when placing the order.
5. In the case of ordering products with different delivery dates, the delivery date shall be the longest one specified.
in the case of ordering products with different delivery dates, the customer has the right to request delivery of the products in parts or delivery of all the products after the completion of the entire order.
6. The beginning of the period of delivery of the product to the customer shall be counted in the following manner:
A. If the customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the seller's bank account.
7. If the customer chooses personal collection of the product, the product shall be ready for collection by the customer on the date indicated in the product description. The customer shall be additionally informed by the seller of the readiness of the product for collection by sending an appropriate e-mail message to the customer's e-mail address provided during the placement of the order.
§ 10
Right of withdrawal
1. The consumer may withdraw from the sales agreement within 14 days without giving any reason.
2. The period referred to in paragraph 1 shall begin with the delivery of the product to the consumer or to a person designated by the consumer other than the carrier.
3. In the case of a contract which covers several products which are delivered singly, in lots or in pieces, the period referred to in paragraph 1 shall run from the delivery of the last item, lot or piece.
4. In the case of an agreement which consists in the regular delivery of products for a definite period of time (subscription), the period specified in clause 1 shall run from the date of taking possession of the first item.
5. The consumer may withdraw from the contract by submitting to the seller a statement on withdrawal from the contract. In order to meet the withdrawal deadline, it is sufficient for the consumer to send a statement before the expiry of the withdrawal deadline.
6. The declaration may be sent by traditional mail, fax or electronic means by sending the declaration to the seller's e-mail address or by submitting the declaration on the seller's website - the seller's contact details are specified in § 3; the declaration may also be made on a form, a specimen of which is attached as annex 1 to these regulations and as annex to the act of 30 may 2014 on consumer rights, but it is not obligatory.
7. If the consumer sends the statement by electronic means, the seller shall immediately send to the consumer, to the e-mail address provided by the consumer, a confirmation of receipt of the statement of withdrawal from the agreement.
8. Effects of withdrawal from the agreement:
A. In the event of withdrawal from the agreement concluded at a distance, the agreement shall be deemed not concluded.
B. In the case of withdrawal from the contract, the seller shall reimburse the consumer immediately, not later than within 14 days from the date of receipt of the consumer's statement on withdrawal from the contract, all payments made by the consumer, including the costs of delivery of goods, except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary method of delivery offered by the seller.
C. The reimbursement shall be made by the seller using the same payment methods as those used by the consumer in the original transaction, unless the consumer has expressly agreed to another solution which does not entail any costs for him.
D. The seller may withhold a refund until it has received the product back or until it has been provided with proof of its return, whichever occurs first.
E. The consumer shall return the product to the seller's address specified in these regulations immediately, not later than 14 days from the date on which he informed the seller of his withdrawal from the agreement. The deadline shall be met if the consumer sends back the product before the expiry of the 14-day deadline.
F. The consumer shall bear the direct costs of returning the product, including the costs of returning the product, if due to its nature the product could not normally be sent back by post.
G. The consumer shall only be liable for any reduction in the value of the product resulting from its use in a manner other than it was necessary to determine the nature, characteristics and functioning of the product.
9. If, due to the nature of the product, it cannot be returned in the ordinary manner by post, information about this, as well as about the costs of returning the product, will be included in the description of the return policy in the store.
10. The consumer shall not have the right to withdraw from a distance contract in relation to the contract:
A. In which the subject of the benefit is an unprocessed item, produced according to the specification of the consumer or intended to satisfy his individual needs,
B. Which provides for the supply of goods in sealed packaging which, when opened, cannot be returned for health or hygiene reasons if it has been opened after delivery,
C. In which the subject of the service is an item which is liable to deteriorate rapidly or which has a short expiry date,
D. For the provision of services, if the seller has performed the service in full with the express consent of the consumer, who was informed before the commencement of the performance that after the performance by the seller will lose the right to withdraw from the agreement,
E. In which the price or remuneration depends on fluctuations in the financial market, over which the seller does not exercise control, and which may occur before the expiry of the deadline for withdrawal from the contract,
F. Where the object of the performance is goods which, after delivery, by their nature are inseparably connected with other goods,
G. The subject of which are alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and which may be delivered only after 30 days, and the value of which depends on fluctuations in the market, over which the seller has no control,
H. Which provides for sound or visual recordings or computer programs to be delivered in sealed packaging, if the packaging has been opened after delivery,
I. For the supply of newspapers, periodicals or periodicals, with the exception of subscription contracts,
J. To deliver digital content which is not recorded on a tangible medium, if the performance began with the express consent of the consumer before the end of the period for withdrawal and after the seller has informed him of the loss of the right to withdraw from the agreement,
§ 11
Complaint and warranty
Version for shops selling new products
1. The sales agreement covers new products.
2. In the event of a defect in the goods purchased from the seller, the customer has the right to complain under the warranty provisions of the civil code.
3. A complaint should be submitted in writing or electronically to the seller's address specified in these regulations.
4. It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) in which it occurred, the data of the customer submitting the complaint, and the customer's request in connection with the defect of the goods.
5. The seller shall respond to the complaint request immediately, not later than within 14 days, and if it fails to do so within this period, it shall be deemed that the customer's request is justified.
6. Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these regulations.
§ 12
Out-of-court complaint handling and redress
1. Detailed information concerning the possibility for the consumer to use out-of-court complaint and redress procedures and the rules of access to such procedures are available at the offices and on the websites of (municipal) poviat consumer ombudsmen, social organisations whose statutory tasks include consumer protection, voivodship trade inspection inspectorates and at the following internet addresses: http://www.uokik.gov.pl/spory_konsumerckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_addresses.php.
2. The consumer shall have the following examples of out-of-court complaint and redress options:
A. The consumer is entitled to apply to the permanent consumer arbitration court referred to in article 37 of the act of 15 december 2000 on trade inspection (journal of laws of 2014, item 148, as amended) for a resolution of a dispute arising from the agreement concluded with the seller.
B. A consumer is entitled to apply to the provincial trade inspection inspectorate, pursuant to article 36 of the act of 15 december 2000 on trade inspection (journal of laws of 2014, item 148, as amended), for initiation of mediation proceedings concerning the amicable settlement of a dispute between a consumer and a seller.
C. A consumer may obtain free assistance in resolving a dispute between him and the seller, also with the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the federation of consumers, the association of polish consumers).
§ 13
Personal data in the online store
1. The seller shall be the administrator of the personal data of the clients collected through the online shop.
2. Personal data of the clients collected by the administrator through the internet shop are collected in order to perform the sales agreement and, if the client agrees, also for marketing purposes.
3. The provision of the following personal data by a customer who is a natural person is voluntary but necessary for the registration and conclusion of a sales agreement:
(a) the name,
(b) an e-mail address,
(c) address of residence,
(d) the address for dispatch, if different from the address for residence,
(e) a contact telephone number,
F) nip number in case of clients conducting business activity.
4. The recipients of personal data of the clients of the online shop may be as follows
A. In the case of a client who uses the method of delivery by mail or courier in the online shop, the administrator shall make available the client's personal data collected to a selected carrier or an intermediary who shall carry out the delivery on the order of the administrator.
B. In the case of a customer who uses the electronic payment method or a payment card in the online shop, the administrator shall make available the collected personal data of the customer to a selected entity handling the above payments in the online shop.
5. The customer has the right to access the content of his data and to correct it.
6. Providing personal data is voluntary, however, failure to provide personal data necessary to conclude a sales agreement, as indicated in the regulations, results in the inability to conclude such an agreement.
§ 14
Final provisions
1. Contracts concluded through the online shop are concluded in polish.
2. The seller reserves the right to make changes to the regulations for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods - in the scope in which these changes affect the implementation of the provisions of these regulations. The seller shall inform the customer about each change at least 7 days in advance.
3. In matters not provided for in these regulations, the generally applicable provisions of polish law shall apply, in particular: civil code; act on the provision of services by electronic means; act on consumer rights; act on the protection of personal data.
4. The customer has the right to use out-of-court complaint and redress procedures. To this end, it can lodge a complaint through the eu odr web platform at the following address: http://ec.europa.eu/consumers/odr/.