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Account Terms and Conditions

Account Terms and Conditions

Account Terms and Conditions

in the Modularis Noir store

CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of withdrawal
§ 7 Personal data
§ 8 Changes to the Regulations or Account
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person and who has concluded an Account management agreement under the Regulations or is taking steps to conclude such an agreement, without any direct connection with his/her business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service User, thanks to which the Service User can use additional functions in the Store.
Privileged Entrepreneur - a Service User who is a natural person concluding an Account management agreement under the Regulations (or taking steps to conclude it), directly related to his/her business activity, but not of a professional nature.
Regulations - these Account regulations.
Shop – Modularis Noir online store run by the Service Provider at https://modularisnoir.pl
Service User - any entity that has concluded an agreement for the management of an Account or is taking steps to conclude it.
Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider - Jakub Pieprzyk Unregistered activity; Piotrkowska 182/109 90-368 Lodz.
Consumer Rights Act – Polish Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

  1. Mailing address: Piotrkowska 182/109 90-368 Lodz
  2. E-mail address: modularis.noir@gmail.com
  3. Phone: 690236197
  4. The cost of a telephone call or data transmission made by the Service User is based on the base tariff of the telecommunications operator or internet service provider used by the Service User. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff adopted by the telecommunications operator or internet service provider used by the Service User.

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and creation of an Account, you need:
    • active email account,
    • a device with Internet access,
    • a web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

  1. Creating an Account is completely voluntary and subject to your will. Service recipients.
  2. The account gives the Service User additional options, such as: viewing the history of orders placed by the Service User in the Store, checking the order status or editing the Service Recipient's data independently.
  3. To create an Account, please complete the appropriate form in the Store.
  4. When an Account is created, an agreement is concluded for an indefinite period between the Service User and the Service Provider for maintaining the Account on the terms specified in the Regulations.
  5. The Service Provider shall commence the provision of the Account management service in accordance with the terms and conditions specified in the Regulations immediately after concluding the Account management agreement.
  6. The Service User may cancel the Account at any time without incurring any costs.
  7. Deleting your Account will result in the termination of your Account management agreement. In order for the Service Provider to delete your Account, you must send your cancellation notice to the Service Provider's email address provided in § 2 of the Terms and Conditions. This will result in the immediate deletion of your Account and the termination of your Account management agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

  1. The Service Provider requests that complaints regarding the Account be submitted to the postal or e-mail address indicated in § 2 of the Regulations.
  2. The Service Provider will respond to the complaint within 14 days of receiving the complaint.

II PRIVILEGED SERVICE RECIPIENTS

  1. The Service Provider is liable to the Privileged Service User for the compliance of the service with the contract, as provided for by generally applicable legal provisions, in particular the provisions of the Consumer Rights Act.
  2. In the event of improper performance of the Account management agreement by the Service Provider, the privileged Service User may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
  3. If the Service Provider fails to deliver the digital service, the Privileged Service User may request that the Service Provider deliver it. If, despite this, the Service Provider fails to deliver the digital service immediately or within an additional period expressly agreed upon by the Service Provider and the Privileged Service User, the Privileged Service User may withdraw from the Account agreement.
  4. A privileged service user may withdraw from the Account management agreement without requesting the provision of a digital service if:
    1. it is clear from the Service Provider's statement or circumstances that he will not provide the digital service or
    2. The Privileged Service User and the Service Provider have agreed, or it clearly follows from the circumstances of concluding the Account management agreement, that the specified deadline for delivery of the digital service was of significant importance to the Privileged Service User and the Service Provider did not deliver it within that deadline.
  5. The Service Provider is liable for any lack of compliance with the Account Management Agreement for a digital service provided on a continuous basis, which occurred or became apparent at the time when the service was to be provided in accordance with this Agreement.
  6. If a digital service is inconsistent with the Account agreement, the privileged Service User may request that it be brought into compliance with this agreement.
  7. In the event of non-compliance of the digital service with the Account agreement, the Privileged Service User is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for him, in order to determine whether the non-compliance of the digital service with the Account agreement in a timely manner results from the characteristics of the Privileged Service User's digital environment.
  8. Additionally, if the digital service is inconsistent with the Account management agreement, the privileged Service User may submit a declaration of withdrawal from this agreement when:
    1. bringing the digital service into compliance with the Account management agreement is impossible or requires excessive costs pursuant to Article 43m, paragraphs 2 and 3 of the Consumer Rights Act;
    2. The Service Provider has not brought the digital service into compliance with the Account Agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service User about the lack of compliance with this Agreement, and without excessive inconvenience to the Privileged Service User, taking into account the nature and purpose of the digital service for which it is used;
    3. the lack of compliance of the digital service with the Account management agreement persists, even though the Service Provider has attempted to bring the digital service into compliance with that agreement;
    4. the lack of conformity of the digital service with the Account management agreement is so significant that it justifies withdrawal from the Account management agreement without prior use of the protection measure specified in Article 43m of the Consumer Rights Act (i.e. requesting that the digital service be brought into conformity with the agreement);
    5. it is clear from the Service Provider's statement or circumstances that he will not bring the digital service into compliance with the Account agreement within a reasonable time or without excessive inconvenience to the Privileged Service User.

III. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS

  1. The Service Provider informs the Consumer about the possibility of using out-of-court complaint and redress procedures. Rules for accessing these procedures are available at the offices or on the websites of entities authorized to provide out-of-court dispute resolution. Consumers may use, among other options:
    • Assistance from the appropriate European Consumer Centre from the European Consumer Centre Network. These centres provide information on consumer rights and help resolve disputes in cross-border purchases. Assistance from European Consumer Centres is generally free of charge. A list of relevant consumer centres for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
    • the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      - the possibility of submitting complaints via the ODR platform expires on 20 March 2025.
    Additionally, in the Republic of Poland you can use the following forms of support:
    • Mediation is conducted by the relevant Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the proceedings are free of charge. A list of inspectorates can be found here: https://uokik.gov.pl/kontakt-kontrola-handlowa
    • assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-kontrola-handlowa
  2. The previous provision is for informational purposes only and does not constitute an obligation for the Service Provider to use extrajudicial dispute resolution methods.
  3. The use of extrajudicial methods of settling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
  4. The consumer may also benefit from free assistance from the municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. A privileged Service User has the right to withdraw from the Account management agreement concluded with the Service Provider within 14 days without giving any reason.
  2. The deadline for withdrawing from the Account management agreement expires after 14 days from the date of conclusion of the agreement.
  3. In order for the privileged Service User to exercise the right to withdraw from the contract, he or she must inform the Service Provider, using the data provided in § 2 of the Regulations, of his or her decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
  4. A privileged service user may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory.
  5. In order to meet the withdrawal deadline, it is sufficient for the privileged Service User to send information regarding the exercise of his right to withdraw from the contract before the expiry of the withdrawal deadline.

§ 7 PERSONAL DATA

  1. The administrator of personal data provided by the Service User in connection with the conclusion of the Account management agreement is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and the basis for data processing, as well as the recipients of data, can be found in the policy available in the Store privacy – due to the principle of transparency, included in the general regulation of the European Parliament and (EU) Data Protection Regulation – “ GDPR ”.
  2. The purpose of processing the Service User's data is to maintain the Account. The basis for processing personal data in this in this case, the agreement for maintaining the Account or actions taken at the request of the Service User, aimed at its conclusion conclusion (Article 6, paragraph 1, letter b of the GDPR), as well as the legitimate interest of the Service Provider consisting in processing data for the purpose of establishing, pursuing or defending possible claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Service User is voluntary, but necessary to conclude the Account management agreement and provide the services covered by it. Failure to provide data means that the Account management agreement cannot be concluded and the Service Provider will be unable to provide the services covered by it.
  4. The Service Recipient's data will be processed until:
    1. the Account management agreement will cease to apply;
    2. the possibility of pursuing claims by the Service User or the Service Provider related to the Account will cease;
    3. the Service User's objection to the processing of his/her personal data will be accepted - in the event that the basis for data processing was the legitimate interest of the Service Provider
    – depending on what applies in a given case.
  5. The Service Recipient has the right to request:
    1. access to your personal data,
    2. their corrections,
    3. removal,
    4. processing restrictions,
    5. transferring data to another administrator
      and also the law:
    6. object at any time to the processing of data for reasons related to specific the situation of the Service Recipient - in relation to the processing of personal data concerning him, based on Article 6 paragraph 1 letter f of the GDPR (i.e. on the legitimate interests pursued by the Service Provider).
  6. In order to exercise his/her rights, the Service User should contact the Service Provider.
  7. If the Service User believes that their data is being processed unlawfully, they may file a complaint with the competent data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE REGULATIONS OR ACCOUNT

  1. The Service Provider reserves the right to amend the Terms and Conditions only for important reasons. An important reason is understood to mean the need to amend the Terms and Conditions due to:
    1. a change in the functionality of the Account, requiring a modification of the Regulations or
    2. a change in legal provisions affecting the performance of the Account management agreement by the Service Provider or adapting the services to recommendations, guidelines, orders or prohibitions, rulings, resolutions, interpretations or decisions of authorized public authorities or
    3. change of the Service Provider's contact or identification details.
  2. Information about the planned change of the Regulations will be sent to the e-mail address of the Service User assigned to the Account at least 7 days before the changes come into effect.
  3. If the Service Recipient does not object to the planned changes until they enter into force, it is assumed that he or she accepts them, which does not constitute any obstacle to terminating the contract in the future.
  4. In the event of non-acceptance of the planned changes, the Service User should send information about this to the Service Provider's e-mail address provided in § 2 of the Regulations, which will result in termination of the Account management agreement upon entry into force of the planned changes.
  5. The Service Provider may make changes to the Account that are not necessary to maintain its compliance with the Account Agreement for the reason indicated in paragraph 1(b) or due to a change in the Account's functionality. Implementing the change referred to in the preceding sentence will not incur any costs for the Privileged Service User. The provisions of paragraphs 2-4 shall apply accordingly.
  6. If the change referred to in paragraph 5 significantly and negatively affects the access of the Privileged Service User to the Account or use thereof, the Service Provider will send to the Privileged Service User’s e-mail address, in due advance, on a durable medium, information about the characteristics and date of this change and the rights of the Privileged Service User in connection with this change.

§ 9 FINAL PROVISIONS

  1. The Service User is prohibited from providing illegal content.
  2. The Account management agreement is concluded in Polish.
  3. The contract concluded on the basis of these Regulations is subject to the provisions of Polish law, subject to paragraph 4.
  4. The choice of Polish law for a contract concluded with a Consumer under these Terms and Conditions does not waive or limit the Consumer's rights under mandatory provisions of law, which apply to the Consumer in a situation where there is no choice of law. This means, in particular, that if national regulations applicable to a given Consumer provide broader protection than those provided for in these Terms and Conditions or Polish law, such broader protection shall apply.
  5. In the event of a dispute with a Service User who is not a privileged Service User, related to the Account management agreement, the competent court will be the court having jurisdiction over the registered office of the Service Provider.
  6. Any liability of the Service Provider in connection with the Account management agreement towards a Service User who is not a privileged Service User, to the extent permitted by law, is excluded.

Appendix No. 1 to the Regulations

Below is a sample withdrawal form that the Consumer or Privileged Entrepreneur may, but does not have to, use:

WITHDRAWAL FORM SAMPLE
(this form should be completed and returned only if you wish to withdraw from the contract)

Jakub Pieprzyk Unregistered activity
Piotrkowska 182/109 90-368 Lodz
e-mail address: modularis.noir@gmail.com

- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract for the provision of the following service(*) / for the supply of digital content in the form of(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of conclusion of the contract (*)

..............................................................................................................................................................................

- Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

- Address of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate.

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