The owner of the Online Store (hereinafter referred to as „Store”) and seller of the articles offered therein is MODERN FORMS Ltd., Dobrzechów 446B, 38-100 Strzyżów, Tax Identification Number (NIP) PL-819-166-88-58, Business Identification Number (REGON) 380506825, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, XII Commercial Department, under number: 0000736418, hereinafter referred to as Seller/Seller or Store.
§ 1 – Introductory provisions
The Rules and Regulations were created on the basis of Article 8 of the Act on electronic services of 18 July 2002. (Journal of Laws of 2020, item 344, as amended) and Article 12(1) of the Consumer Rights Act of 30 May 2014. (i.e. Journal of Laws of 2020, item 287, as amended). In matters not regulated by these Regulations, the provisions of the Act of 23 April 1964 Civil Code shall apply.
These Terms and Conditions are addressed both to consumers and businesses using the Shop and defines the principles of use of the Shop and the principles and procedures for concluding remote Sales Agreements with the Customer through the Store.
The online card payment service provider is Blue Media S.A.
§ 2 – Definitions
Consumer – a natural person entering into an agreement with the Seller, the subject of which is not directly related to his/her business or professional activities.
Customer – any entity making purchases through the Shop.
Entrepreneur – a person, a legal entity and an organizational unit that is not a legal entity, which is granted legal capacity by a separate act, doing business on its own behalf, which uses the Store.
Rules – these rules of the Store.
Order – Customer’s declaration of will placed via Order Form and/or e-mail and aimed directly at concluding a Sales Agreement of a Product or Products with the Seller.
Product – a movable thing available in the Store which is the subject of a Sales Agreement between the Client and the Seller.
Order form – a form allowing to place an Order and to define the conditions of the Sales Agreement, including the method of delivery and payment.
Payment form – a form that makes it possible to view the Order and its approval and payment by the Client.
Sales Agreement – a contract of sale of a Product concluded between the Client and Seller through the Online Store.
§ 3 – Contact with the store
Seller’s address: MODERN FORMS Sp. z o.o., Dobrzechów 446B, 38-100 Strzyżów
Seller e-mail: firstname.lastname@example.org
Seller phone: +48 798 873 873, available Monday to Friday 8:00-16:00
§ 4 – Technical requirements
To use the Store, including order confirmation and payment for the Products, the following are necessary:
- a terminal device with access to the Internet and a web browser,
- an active electronic mail account (e-mail).
§ 5 – General information
- Placing an order does not require an Account in the Store. Ordering without registration requires acceptance of the regulations.
- The Customer is obliged to provide the necessary personal and address data to enable the implementation and payment of the Order. Personal data are protected and secured in accordance with the principles set out in applicable laws, in particular the Act of August 29, 1997 on the protection of personal data.
- Placing an order involves the obligation to pay for the selected goods, and the Seller undertakes to deliver the goods without defects.
- After presenting the guidelines, the Client receives via e-mail address given the regulations of the service, together with the attachments, the quote and the order form.
- After accepting the quote and regulations, the Customer sends the Order Form via e-mail. Following the above actions, a project is created.
- The prices given on the Payment Form are expressed in the currency chosen by the Customer (PLN, EUR, GBP, USD) and include VAT.
- The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery, of which the Customer shall be informed while placing the Order.
§ 6 – Offered delivery and payment methods
- The Customer may use the following delivery methods:
- prepaid postal consignment,
- prepaid courier delivery,
- personal collection at the Seller’s stationary store located at the address: MODERN FORMS Sp. z o.o., Dobrzechów 446B, 38-100 Strzyżów from 8:00 to 16:00 on working days from Monday to Friday.
- The Customer may use the following payment methods:
- Payment cards:
- Visa Electron,
- MasterCard Electronic,
- traditional bank transfer.
- as an on-line transfer using the system of Dotpay or PayU payment service provider (processing of the Order will begin after receiving confirmation of payment from the Bank).
- Payment cards:
§ 7 – Sales contract execution
- The conclusion of the contract of sale takes place after placing an Order by the Customer.
- After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Client’s e-mail address provided by the Client, which includes at least statements of the Seller about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Client of the above e-mail message the Sales Agreement between the Client and the Seller is concluded.
- Order processing time is counted from the moment of positive payment authorization (date of transfer to the Seller’s bank account).
- Delivery of the Product takes place on the territory of Poland and other countries.
- Delivery of the Product to the Client is chargeable, unless the Sales Agreement states otherwise. Product delivery costs (including transportation, delivery and postal fees) are indicated to the Client during the placement of the Order, also at the moment of expressing by the Client the will to be bound by the Sales Agreement.
- Personal collection of the Product by the Customer is free of charge.
- Invoices are issued and sent electronically. They are delivered to the e-mail address provided by the Buyer.
- The store is not responsible for incorrectly provided invoice data.
- At the request of the Buyer we can issue a paper invoice and attach it to the parcel with the purchased goods.
§ 8 – Right of withdrawal
- The customer has the right to withdraw from the remote sales agreement without giving any reason within 14 days from the date of receipt of the goods.
- In the case of a contract of sale concluded with a Customer who is not a Consumer at the same time, pursuant to Article 558 § 1 of the Civil Code, the liability of the Online Store under warranty for defects in the Goods shall be excluded. This exclusion is ineffective in the case of fraudulent concealment of a defect by us
- In the event of exercising the right to withdraw from the concluded contract, a declaration of withdrawal from the contract should be made using a form attached to the above regulations and sent to the traditional mail address or to the e-mail address email@example.com before the expiry of the aforementioned term. The declaration may be made on a form in Attachment No. 1 to these Regulations, but it is not obligatory.
- In the case of withdrawal from an Agreement concluded remotely, the Agreement is considered as not concluded.
- In the case of having to return the money for the transaction made by the Customer, the Seller shall return the payment within 14 days using the same method of payment as the one used by the consumer, unless the consumer has explicitly agreed to a different method of return that does not involve any costs for him.
- Returned goods should be sent back immediately, but not later than within 14 days from the date of sending the statement of withdrawal to the seller.
- The customer is asked to send back the goods in the original packaging with its complete contents and a copy of the proof of purchase, unless the proof of purchase has been sent in electronic form.
- Returned goods must be in unaltered condition, i.e. must have the original labels and cannot bear any traces of use beyond the normal scope of inspection.
- The Customer shall not bear the shipping costs associated with the withdrawal from the contract, if he chose the cheapest way of delivery when purchasing the goods. Otherwise, the Seller covers the shipping costs only up to the amount of the cheapest form of delivery.
- The product should be sent back to the address: MODERN FORMS Ltd., Dobrzechów 446B, 38-100 Strzyżów, Poland.
- The right to withdraw from the contract concluded remotely does not apply to the Customer in relation to the Agreement, in which the subject of the supply is a thing not prefabricated, produced to consumer specification or used to meet his individual needs.
- In accordance with art. 38 pt. 3 of the Act on Consumer Rights of 30 May 2014, in the case of medals and statuettes as products made to the consumer’s specifications or serving to meet his individualized needs, the consumer does not have the right to withdraw from a contract concluded off-premises or at a distance
§ 9 – Complaints and warranty
- The sales agreement covers new Products.
- In case of defects of goods purchased from the Seller, the Consumer has the right to make a complaint based on the warranty provisions of the Civil Code.
- In the case of damage to goods, please take a picture of the damaged product(s), describe the type of damage and send the pictures along with a description in an electronic form to the following email address: firstname.lastname@example.org or in the complaint form.
- Complaints are handled in accordance with the Consumer Rights Act of 30 May 2014.
- Complaints can be submitted:
- in writing to the address MODERN FORMS Ltd., Dobrzechów 446B, 38-100 Strzyżów, Poland,
- via e-mail at the address: email@example.com .
- Seller shall respond to the complaint immediately, and if the Customer is a Consumer – not later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer’s request is justified.
- The Customer exercises their rights under the warranty by: repairing the goods, replacing them with goods free of defects, reducing the price of the purchased goods, or withdrawing from the contract if the defect is significant. Seller may refuse to agree to the method proposed by the buyer for the implementation of rights under the warranty, if such a choice: is impossible to fulfill by the Seller, or would require excessive costs in comparison with the choice proposed by the Seller.
- If a warranty has been granted for the Product, information about it and its content shall be provided to the Customer together with the Order.
- The only basis for complaint of goods damaged in transport is to check it in the presence of the courier upon receipt of the shipment, and in the case of damage FILL IN THE REPORT OF DAMAGE.
- The Product under complaint should be sent back to the address: MODERN FORMS Ltd., Dobrzechów 446B, 38-100 Strzyżów, Poland.
- Return shipments of the Product to the Company made without its knowledge and consent will not be accepted. The return shipment must first be arranged in writing, by e-mail correspondence with the Seller or a return form. Goods sent back must be well protected. Complaints about goods that have been damaged in transit as a result of poor protection will be rejected.
§ 10 – Final provisions
- For the avoidance of doubt, it is stated that none of the provisions of these Regulations shall limit the rights of the Consumer which he is entitled to under the provisions of the law in force on the territory of the Republic of Poland. If a provision of this nature is found to exist, the provisions of the Civil Code and the Consumer Rights Act of 30 May 2014 shall apply.
- Detailed information on the Consumer’s ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection:
- The Consumer has the following examples of out-of-court complaint and redress procedures:
- The Consumer is entitled to apply to a permanent amicable consumer 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), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
- The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Association of Polish Consumers).
§ 11 – Personal data
- The Seller is the administrator of personal data of the Clients collected through the Store.
- Customers’ personal data collected by the administrator via the Online Store are collected for the purpose of performing a Sales Agreement, and if the Customer agrees – also for marketing purposes.
- The recipients of the personal data of the Customers of the On-line store can be:
- In case of a Customer who uses the Store’s delivery method by mail or courier, the Administrator shall make available the collected personal data of the Customer to a chosen carrier or agent performing the shipment on the Administrator’s order.
- If the Customer uses in the Store a method of electronic payment or payment card, the Administrator shall make available collected personal data of the Customer to a chosen entity handling the aforementioned payments in the Internet Store.
- The Customer has the right to access his/her data and correct them.
- Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement results in inability to conclude that agreement.