Store regulations online Modularis Noir

specifying, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Sample withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, excluding public holidays in Poland.
Consumer – a Buyer who is a natural person, purchasing in the Store or taking steps to make a purchase, without direct connection with his or her business or professional activity.
Account – a digital service regulated by separate regulations within the meaning of the Consumer Rights Act, thanks to which the Buyer can use additional functions in the Store free of charge.
Buyer – any entity purchasing in the Store or taking steps to make a purchase.
Privileged Buyer – Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – a Buyer who is a natural person and who concludes or intends to conclude an agreement with the Seller on the basis of the Regulations, which is directly related to his business activity, but is not of a professional nature for him.
Regulations – these regulations.
Store – the Modularis Noir online store run by the Seller at https://modularisnoir.pl.
Seller - 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 SELLER

Mailing address: Piotrkowska 182/109 90-368 Lodz
E-mail address: modularis.noir@gmail.com
Phone: 690236197
The cost of a telephone call or data transmission made by the Buyer is determined by the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller 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 Buyer.

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning of the Store, you need:
- a device with Internet access
- a web browser that supports JavaScript and cookies.
To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

The product prices displayed in the Store are the total prices for the product.
The Seller points out that the total price of the order consists of the price of the product indicated in the Store and, if applicable, the costs of delivery of the goods.
The product you choose to purchase should be added to the cart in the Store.
Then the Buyer chooses method of delivery of goods and the payment method for the order from among the options available in the Store, and also provides the data necessary to complete the placed order.
The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing his/her data with each possible order.

§ 5 PAYMENTS

The following payment methods are available in the Store:
1. regular transfer to the Seller's bank account;
2. by payment card:
  - Visa
  - Visa Electron
  - MasterCard
  - MasterCard Electronic
  - Maestro
3. via the payment platform:
  - Shopify Payments
If the Buyer chooses to pay in advance, the order must be paid in within 7 Business Days of placing the order.

§ 6 ORDER FULFILLMENT

The order fulfillment time is 30 Business Days.
If the Buyer has chosen to pay for the order in advance, the Seller will start processing the order after paying it off.
The goods are delivered only within the territory of the Republic of Poland.
The following delivery methods are available in the Store:
1. via a courier company to the address indicated by the Buyer;
2. via the Polish Post;
3. to InPost parcel lockers.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

The privileged buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 Regulations, within 14 days without giving any reason.
The deadline for withdrawal from the contract expires after 14 days from:
1. in which the privileged buyer took possession of the goods or in which a third party other than the carrier and indicated came into possession of the goods by the privileged buyer;
2. on which the privileged buyer has taken possession of the last goods, batch or part or on which a third party, other than the carrier and indicated by the privileged buyer, has taken possession of the last goods, batch or part in the case of a contract obliging the transfer of ownership of several goods that are delivered separately, in batches or in parts.
In order for the privileged Buyer to exercise the right to withdraw from the contract, he must inform the Seller using the data specified in § 2 of the Regulations, about your decision to withdraw from the contract by means of an unequivocal statement (on e.g. a letter sent by post or e-mail).
The privileged buyer may use the model withdrawal form provided at the end of the Regulations, but not it is mandatory.
In order to meet the deadline for withdrawal from the contract, it is sufficient for the privileged Buyer to send information regarding the execution of the contract. his right to withdraw from the contract before the expiry of the withdrawal period.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all the payments received from him. payments, including the costs of delivering the goods (except for additional costs resulting from the Buyer's choice of a preferred delivery method other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the decision The buyer is entitled to exercise the right to withdraw from the contract.
The Seller will refund the payment using the same payment methods that were used by Preferred Buyer used in the original transaction unless the Preferred Buyer agrees otherwise solution, in any case the Preferred Buyer will not incur any fees in connection with this refund.
If the Seller has not offered to collect the goods from the privileged Buyer himself, he may withhold the refund until he receives the goods or until he is delivered to him. proof of its return, whichever comes first.
The seller asks you to return the goods to the following address: Piotrkowska 182/109 90-368 Łódź immediately, and in any event no later than 14 days from the date on which the privileged Buyer informed The Seller's notice of withdrawal from the sales contract. The deadline is met if the Buyer returns the goods. before the expiry of the 14-day period.
The privileged buyer bears the direct costs of returning the goods.
The privileged buyer is only liable for the reduction in the value of the goods resulting from their use. in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
If the goods cannot be returned by regular mail due to their nature, the Buyer the privileged party will also have to bear the direct costs of returning the goods. The estimated amount of these The privileged Buyer will be informed about the costs by the Seller in the description of the goods in the Store or during placing an order.
In the event of a need to refund funds for a transaction made by a privileged Buyer payment card, the Seller will make a refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

The right to withdraw from a distance contract, referred to in § 7 of the Regulations, does not apply in relation to contracts:
1. in which the subject of the provision is non-prefabricated goods, manufactured according to specifications A privileged buyer or one that serves to satisfy his or her individual needs;
2. where the subject of the service is goods that spoil quickly or have a short shelf life suitability for use;
3. in which the subject of the service is goods delivered in a sealed package which, after opening, the packaging cannot be returned for health or hygiene reasons if the packaging was opened after delivery;
4. in which the subject of the provision are goods which, due to their nature, are subject to change after delivery inextricably linked with other things;
5. in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package if the package has been opened after delivery;
6. for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
7. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control exercises control, and which may occur before the expiry of the withdrawal period.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

The Seller is liable to the Privileged Buyer for the compliance of the performance with the contract, as provided for by generally applicable legal provisions, in particular the provisions of the Consumer Rights Act.
The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or e-mail address indicated in § 2 of the Regulations.
If a warranty has been granted for the product, information about it and its terms is available in the Store.
The Seller will respond to the complaint within 14 days of its receipt.

II. PRIVILEGED BUYERS

Goods
1. In the event of non-conformity of the goods with the contract, the privileged Buyer may exercise the rights specified in Chapter 5a of the Consumer Rights Act.
2. The Seller is liable for any lack of conformity of the goods with the contract that exists at the time of delivery and is discovered within two years from that time, unless the expiry date of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
3. Pursuant to the provisions of the Consumer Rights Act, in the event of non-compliance with the contract, the privileged Buyer may demand:
  1. exchange of goods,
  2. repair of goods.
4. Additionally, the privileged buyer may submit a declaration of:
  1. price reduction,
  2. withdrawal from the contract
  in a situation where:
  - The Seller refused to bring the goods into conformity with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act;
  - The Seller has not brought the goods into conformity with the contract in accordance with Article 43d paragraphs 4-6 of the Consumer Rights Act;
  - the lack of conformity of the goods with the contract persists despite the Seller's attempts to bring the goods into conformity with the contract;
  - the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protective measures specified in Article 43d of the Consumer Rights Act;
  - it is clear from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Preferred Buyer.
5. In the case of goods requiring repair or replacement, the Preferred Buyer must make the goods available to the Seller. The Seller collects the goods from the Preferred Buyer at its own expense.
6. A privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
7. In the event of withdrawal from the contract referred to in this section (concerning goods), the privileged Buyer shall immediately return the goods to the Seller at his expense, to the address Piotrkowska 182/109 90-368 Lodz. The Seller shall refund the price to the Privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
8. The Seller shall refund to the Privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Privileged Buyer's declaration of price reduction.
Extrajudicial methods of handling complaints and pursuing claims
1. The Seller informs the Consumer about the possibility of using out-of-court complaint and redress procedures. The 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 Centres Network. The 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 the Consumer Centres responsible for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
  - the ODR (Online Dispute Resolution) online 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 Trade Inspectorate, 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 informative and does not constitute an obligation for the Seller to use extrajudicial dispute resolution methods.
3. The use of extrajudicial methods of settling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
4. The consumer may also benefit from free assistance from the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

For the avoidance of doubt, the Seller points out that the provisions of § 11 section 7 shall apply to the Seller's liability towards a Buyer other than a privileged Buyer in connection with a complaint.

§ 10 PERSONAL DATA

The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and the basics of 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 ”.
The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in The Store is for the fulfillment of orders. The basis for processing personal data in this case is:
- contract or actions taken at the request of the Buyer, aimed at its conclusion (Art. 6 section 1 letter b of the GDPR),
- legal obligation incumbent on the Seller, in particular related to accounting and product safety (Article 6(1)(c) of the GDPR) and
- the legitimate interest of the Seller, consisting in the processing of data for the purpose of determining, investigating or defending possible claims (Article 6(1)(f) of the GDPR).
Providing data by the Buyer is voluntary, but necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract with the Store.
The Buyer’s data provided in connection with purchases in the Store will be processed until:
1. the contract concluded between the Buyer and the Seller will cease to be valid;
2. the Seller will no longer have a legal obligation to process the Buyer's data;
3. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store will cease;
4. the Buyer's objection to the processing of his personal data will be accepted - in the event that the basis for data processing was the legitimate interest of the Seller
– depending on what applies in a given case.
The buyer has the right to demand:
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 Buyer's situation - in relation to the processing of personal data relating to him, based on Article 6 paragraph 1 letter f of the GDPR (i.e. on the legitimate interests pursued by the Seller).
In order to exercise his rights, the Buyer should contact the Seller using the details from § 2 Regulations.
If the Buyer considers that his/her data is being processed unlawfully, the Buyer may file a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

The Buyer is prohibited from providing illegal content.
Each order placed in the Store constitutes a separate agreement and requires separate acceptance. Regulations. The contract is concluded for the time and for the purpose of fulfilling the order.
All contracts concluded on the basis of these Regulations are subject to the provisions of Polish law, subject to paragraph 4.
The choice of Polish law for contracts concluded under these Terms and Conditions with Consumers does not waive or limit the rights of that Buyer under mandatory provisions of law, which apply to Consumers in situations where there is no choice of law. This means, in particular, that if national regulations applicable to a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection shall apply.
Agreements concluded on the basis of the Regulations are concluded in Polish.
In the event of a dispute with a Buyer who is not a privileged Buyer, related to the contract concluded via the Store, the competent court will be the court competent for the Seller's registered office.
Any liability of the Seller towards a Buyer who is not a privileged Buyer, under a contract concluded via the Store - to the extent permitted by law - is excluded.

Appendix No. 1 to the Regulations

Below is a sample withdrawal form which a Consumer or a privileged Entrepreneur may use, 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 of sale of the following goods(*) / for the provision of the following service(*):

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

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

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

- Date of conclusion of the contract ^(*) / receipt ^(*)

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

- 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.