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Terms and Conditions

Terms and Conditions



§ 1

Preliminary Provisions

The Regulations are addressed to Consumers and define the types and conditions for concluding and terminating distance contracts, as well as the complaint procedure. The Regulations are also addressed to Entrepreneurs and define the rules and procedure for concluding a Sales Agreement with an Entrepreneur through the Store.



§ 2

Definitions

The definitions used in the Regulations shall be understood as follows:

  1. Store - the online store run by the Seller at the internet address www.modelina-home.com

  2. Seller Modelina Home Anna Baś, ul. Wieluńska 3, 63-522 Kraszewice, NIP 5140266261

  3. Client - any entity that uses the services and functionalities of the Store, and in particular makes purchases through the Store

  4. Consumer - a natural person concluding a contract with the Seller, who is an Entrepreneur, within the framework of the Store, the subject of which is not directly related to their business or professional activity.

  5. Entrepreneur with consumer rights – a natural person concluding a contract with the Seller directly related to their business activity, but not of a professional nature for them (definition applicable to contracts concluded from January 1, 2021).
  6. Entrepreneur - a Client conducting business activity within the meaning of the provisions of the Act of March 6, 2018 - Law on Entrepreneurs.

  7. Order - the Client's declaration of intent submitted via the Order Form and aiming directly at the conclusion of a Sales Agreement for a Product or Products with the Seller.

  8. Product - a product or service available in the Store which is the subject of the Agreement between the Client and the Seller.

  9. Cart – an element of the Store's software in which the Products selected by the Client for purchase are visible, and where it is also possible to determine and modify the Order data, in particular the quantity of products.

  10. Payment operator - Przelewy24 payment system, with its registered office in Poznań, at ul. Kanclerska 15, entered into the register of entrepreneurs of the National Court Register kept by the District Court Poznań, under KRS number 0000347935, NIP number 779-236-98-87

  11. Agreement - a distance contract concluded with the Client within an organized system for 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 at which the contract is concluded.

  12. Account - an account in the Store, which the Client may, but does not have to, create and which stores the data provided by the Client and information about Orders placed by them in the Store

  13. Registration Form - a form available in the Store that allows for the creation of an Account

  14. Order Form - an interactive form available in the Store that allows for placing an Order, in particular by adding Products to the electronic cart and defining the terms of the distance contract, including the method of delivery and payment

  15. Regulations - these Store regulations



§ 3

Contact with the Store

  1. The Client can contact the Seller in particular:

    1. via e-mail, at the address: shop@modelina-home.com

    2. in writing to the address: Modelina Home Anna Baś ul. Wieluńska 3 63-522 Kraszewice

    3. and also by phone at the number: 609974766 between the hours of 8-17 on working days.

  2. Seller's bank account number mBank 04 1140 2004 0000 3302 7671 3790



§ 4

Technical Issues

  1. To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:

    1. an end device with access to the Internet and a web browser

    2. and an active e-mail account.

  2. To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the Online Store with the Client's technical infrastructure.

  3. The Seller has the right to a technical break in the functioning of the Store, necessary for the planned, ongoing service and maintenance of the server and the Store's software. In the event of a planned break, Clients will be clearly notified on the Store's website.



§ 5

Creating an Account in the Store

  1. Creating an Account in the Store is free of charge.

  2. To create an Account in the Store, you must fill out the Registration Form. The following data is required: Client's first and last name, address, phone number, e-mail address.

  3. Logging into the Account is done by providing the login and password established in the Registration Form.

  4. The Client may at any time, without giving a reason and without incurring any fees, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the address provided in § 3.



§ 6

Rules for Placing an Order

  1. Browsing the Store's assortment does not require creating an Account. Placing orders by the Client for Products in the Store's assortment is possible either after creating an Account in accordance with the instructions in § 5 of the Regulations, or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.

  1. To place an Order without registration, you must:

    1. select the Product that is the subject of the Order, and then click the "add to cart" button,

    2. fill out the Order Form, entering the details 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, if applicable to the given Product),

    3. enter the invoice data, if they are different from the recipient's data,

    4. select one of the available payment methods and click the "I confirm purchase" button,

    5. confirm the order by making payment within the specified period, in the previously selected manner, subject to § 7 point 3.

  2. To place an Order with registration (creating an Account), you must:

    1. for the first order, fill out the Order Form, entering the details 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, if applicable to the given Product) and check the "Register" box,

    2. for subsequent orders, log in to the Store,

    3. enter the invoice data, if they are different from the recipient's data,

    4. select one of the available payment methods and click the "I confirm purchase" button,

    5. confirm the order by making payment in the previously selected manner.

  3. All prices in the Store are expressed in Polish zlotys and are gross prices.

  4. The total amount to be paid by the Client consists of the price for the Product and the delivery cost (if the Product requires physical delivery), of which the Client is informed on the Store's pages during the ordering process, including at the moment of expressing the will to enter into the Sales Agreement.



§ 7

Offered delivery and payment methods

  1. The Client can use the following methods of delivery or collection of the ordered Product:

  1. in the case of non-material Products - electronic delivery to the email address provided in the order,

  2. in the case of material Products:

     

    - courier delivery,

     

  1. The Client can choose from the following payment methods:

  1. payment by bank transfer to the Seller's account,

  2. electronic payments,

     

  1. Detailed information on delivery methods and acceptable payment methods can be found on the Store's pages and in the order form.



§ 8

Execution of the sales agreement

  1. In order to purchase a product or service, the Client should perform the following actions:

    1. fill out the Order Form, providing the required data and choosing the payment method,

    2. accept the terms of the Regulations,

    3. click the "I confirm purchase" button.

  2. After clicking the "I confirm purchase" button,

    1. when paying by bank transfer to the Seller's account, the Client will be redirected to the page with confirmation of receipt of the order along with instructions on which account number to make the payment to.

    2. when paying via electronic payments, the Client will be transferred to the Payment Operator's website to pay the price for the selected Products

    3. After successful payment, the Client will be transferred to the page with purchase confirmation. The purchase confirmation will also be sent to the Client to the e-mail address provided in the order form.

  3. Upon clicking the "I confirm purchase" button, the Agreement is considered concluded

  4. Delivery of the purchased Product or provision of the service takes place in the manner and within the time specified in the description of the given Product placed in the Store.



§ 9

Complaints

  1. Taking into account good practices and the legitimate interest of Clients, in case of reservations as to the substantive content of the Product, the Client has the right to file a complaint.

  2. The Client submits a complaint in writing to the selected address provided in §3 of the Regulations

  3. The complaint should contain specific substantive allegations along with a justification.

  4. The deadline for the Seller to consider the complaint is 14 working days from the date of receipt of the complaint by the Seller.

  5. The lack of a response from the Seller within the aforementioned period to a correctly submitted complaint means that the complaint is considered accepted by the Seller.

  6. If the complaint about the Product is accepted, the Seller will perform the Service again or deliver a new Product, without charging an additional fee. If this is not possible, the Seller will refund the fees incurred for the order to the Client.



§ 10

Right to withdraw from the contract

  1. A Client who is a consumer, an entrepreneur with consumer rights who has concluded a distance contract with the Seller, may withdraw from the Sales Agreement within 14 days without giving any reason.

  2. The right to withdraw from a distance contract does not apply to a Consumer, an Entrepreneur with consumer rights in relation to:

    1. An agreement where the subject of the service is a non-prefabricated item, manufactured according to the specifications of the Consumer, Entrepreneur with consumer rights or serving to satisfy their individualized needs;

  3. In order to withdraw from the contract, the Client should inform the Seller of their intention to withdraw from the contract by a declaration of will in the form of a letter sent by e-mail or by post to the address provided in §3 of the Regulations.

  4. The Client may use the model withdrawal form for this purpose. However, this is not mandatory.

  5. The information about the withdrawal from the contract must be sent before the deadline for withdrawal from the contract.

  6. In the event of withdrawal from the contract, the Seller shall return to the Client all payments received from the Client, no later than 14 days from the day on which the Seller was informed of the Client's withdrawal from the Agreement. The Seller will refund the payment using the same payment methods that were used by the Client in the original transaction, unless the Client has expressly agreed to another solution that will not involve any costs for them.



§ 11

Out-of-court dispute resolution for consumers

  1. The Seller agrees to submit any disputes arising in connection with the concluded distance contracts to mediation proceedings. The details will be determined by the parties to the conflict.

  2. A Consumer, Entrepreneur with consumer rights has the following exemplary possibilities of using out-of-court complaint and claim settlement methods. The Consumer, Entrepreneur with consumer rights has the possibility to:



    1. apply to a permanent amicable consumer court with a request to resolve a dispute arising from the Agreement concluded with the Seller,

    2. to apply to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.

  1. A Consumer, Entrepreneur with consumer rights also has the possibility of using free assistance in resolving a dispute between them and the Seller, using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers).

  2. The Client has the right to use out-of-court complaint and claim settlement methods also through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.

  3. Detailed information on the possibility for a Consumer, Entrepreneur with consumer rights to use out-of-court complaint and claim settlement methods and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and on the website of the Office of Competition and Consumer Protection.



§ 12

Personal data and Cookies

The principles of personal data processing and the use of cookies are described in the Privacy and Cookies Policy.



§ 13

Final Provisions

  1. Agreements concluded through the Online Store are concluded in the Polish language.

  2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal provisions, changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of these Regulations. The changes come into force on the date of their publication in the Store.

  3. For agreements concluded before the change of the Regulations, the version of the Regulations in force on the date of conclusion of the agreement shall apply.

  4. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Law on Entrepreneurs; the Act on the provision of electronic services; the Act on consumer rights and the general regulation on data protection and the Act on the protection of personal data.