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Regulations

I General provisions

  1. These regulations define the terms of sale and provision of services by electronic means on the website www.modus.com.pl, hereinafter referred to as the Website, operated by MODUS S.A. with its registered office in Bydgoszcz, at ul. Karola Szajnochy 11, 85 – 738 Bydgoszcz, entered into the Register of Entrepreneurs maintained by the District Court in Bydgoszcz, 13th Commercial Division of the National Court Register under the KRS number: 0000048943, fully paid-up share capital in the amount of: PLN 3,632,000.00, NIP 5540310451, REGON: 091109499, e-mail address: sklep@modus.com.pl or modus@modus.com.pl, telephone/fax number: (+ 48) 52 339 37 00 (standard fee according to the price list of the relevant operator).
  2. These Regulations are the regulations referred to in Article 8 of the Act on the provision of services by electronic means.
  3. These regulations are addressed to both consumers and entrepreneurs using the Service who have created an account on the Service.
  4. These Regulations specify in particular:

– rules for registering and using an account within the service,

– terms and conditions for placing Orders electronically within the service,

– rules for concluding Sales Agreements using services provided within the service.

  1. Technical requirements necessary for cooperation with the IT system used by the Client: computer, laptop or other multimedia device with Internet access; access to e-mail, Internet browser: ……………, recommended resolution: ………….., enabling the Internet browser to save files ….. and support ……
  2. Customers can access these Regulations at any time via the link on the website’s home page: www.modus.com.pl, download them, and print them.
  3. Information about the Goods provided at the website www.modus.com.pl, in particular their descriptions, technical and utility parameters and prices, constitute an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code.

II Definitions

The terms used in these regulations have the following meanings:

  1. Order Form – an interactive form available on the website www.modus.com.pl/ shop enabling the placement of an Order, in particular by adding Goods to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment;
  2. Customer – a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, which places an Order within the online store www.modus.com.pl;
  3. Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
  4. Consumer – within the meaning of Article 221 of the Civil Code, a consumer is a natural person who concludes a legal act with an entrepreneur that is not directly related to his or her business or professional activity;
  5. Account – a set of resources in the Seller’s IT system, marked with an individual name (login) and password provided by the Customer, in which the Customer’s data and information about the Orders placed by him are collected;
  6. Regulations – these Regulations for the provision of services by electronic means through the online store www.modus.com.pl;
  7. Service – the internet service available at: www.modus.com.pl together with all its functionality enabling Customers to purchase Goods under the terms and conditions specified in the Regulations;
  8. Seller – MODUS S.A. with its registered office in Bydgoszcz, at 11 Karola Szajnochy Street, 85 – 738 Bydgoszcz, entered into the Register of Entrepreneurs maintained by the District Court in Bydgoszcz, 13th Commercial Division of the National Court Register under the KRS number: 0000048943, fully paid-up share capital PLN 3,632,000.00, NIP (Tax Identification Number) 5540310451, REGON (National Business Registry Number): 091109499;
  9. Goods – products presented on the website at: www.modus.com.pl/sklep;
  10. Sales Agreement – ​​a sales agreement for Goods within the meaning of the Civil Code, concluded between MODUS S.A. with its registered office in Bydgoszcz, and the Customer, concluded using the website www.modus.com.pl;
  11. Electronic service – a service provided electronically by the Seller to the Customer;
  12. Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2016, item 615);
  13. Act on the provision of services by electronic means – Act of 18 July 2002
    On the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended);
  14. Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

III Terms of Use of the Website

  1. The condition for starting to use the Service is the registration of the Customer. Registration is done by filling in personal data marked by the Seller as mandatory in the registration form, available on the website www.modus.com.pl. In addition, the condition for registration is to read the content of these Regulations and accept its content.
  2. The Seller may deprive the Customer of the right to use the Service,
    and may also limit their access to the Service resources
    with immediate effect, in the event of a breach of the Regulations by the Customer, and in particular, if the Customer provided false, inaccurate or outdated data during registration on the Service, committed through the Service a violation of the personal rights of third parties, in particular the personal rights of other customers of the Service, engages in other behaviors that are considered by the Seller to be behaviors that are inconsistent with applicable law or violate good customs or in the name of the Seller. A person who has been deprived of the right to use the Service may not re-register without the prior consent of the Seller.

IV Procedure for concluding a Sales Agreement

  1. To place an order, go to www.modus.com.pl, select the Product and its variant, if necessary (colour, size, type, other feature or several features at the same time).
  2. Adding Goods to the basket involves selecting (by clicking) the Goods, entering the ordered quantity and clicking the appropriate field on the page – “Add to basket”.
  3. If the ordered clothing is prepared according to the Customer’s individual specifications, please provide the dimensions in accordance with the instructions.
  4. If you wish to purchase additional goods, please click the “Continue shopping” button on the website and add additional goods to your cart.
  5. You can check the status of your basket by clicking the “basket” button visible on the Service’s website.
  6. During the Order placement process – until the “Place an order” button is pressed – the Customer has the option to modify the entered data and select the Goods. To do this, the Customer should follow the messages displayed to them and the information available on the website.
  7. After the Customer using the Website has selected all the data necessary to place an Order, a summary of the placed Order will be displayed.
  8. In order to send an Order, it is necessary to enter or confirm current personal data and data necessary for delivery of the parcel, and then press the “Order and pay” button.
  9. The sending of the Order by the Customer constitutes a declaration of intent to conclude the Sales Agreement, in accordance with the content of these Regulations. It also constitutes a declaration that the Customer has read and accepted the content of these Regulations.
  10. After placing the Order, the Customer receives an e-mail entitled “Confirmation of order acceptance”, containing final confirmation of all essential elements of the Order.
  11. The Agreement is deemed to be concluded upon receipt by the Customer of the e-mail message referred to above.
  12. The price of the goods displayed on the Service website is given in Polish zloty and includes VAT. The total price including VAT of the Goods that are the subject of the Order, as well as the delivery costs and other costs (e.g. customs duties), and if their amount cannot be determined – the obligation to pay them, the Customer is informed on the Service website during the placement of the Order.
  13. The sales agreement is concluded in Polish with content consistent with the Regulations.
  14. The Seller reserves the right to remove unpaid Orders in which the personal data of the Customers is incorrect or makes it impossible to contact the Customer. Orders not paid within 7 days from the date of placing the Order are canceled by the Seller and the agreement is considered not to have been concluded.

V Pick-up, delivery, payment

  1. Delivery of Goods is not territorially limited and takes place to the address indicated by the Customer when placing the Order. In the event of ordering delivery to a destination located outside the borders of the Member States of the European Union and the European Economic Area, the due price of the purchased goods will be increased accordingly by the value of the customs duties due. Detailed information on the amount of the duties due is available at the following website address:

http://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=20110310

  1. The Seller delivers the Goods via:

    – Polish Post – shipments up to 2 kg,

    – Fedex Courier – shipments over 2 kg.

The table of delivery costs can be found in the tab:

  1. Any delivery costs will be indicated when placing the Order. They depend on the weight of the shipment.
  2. The time the Customer waits for the shipment consists of: the order processing time and the shipment delivery time.
  3. The order processing time is: 60 days + 2 days for delivery of the shipment.
  4. If the Seller is unable to fulfill the service due to the unavailability of the Goods, the Seller will immediately notify the Customer and return the entire amount of money received from him.
  5. The current payment methods are specified in these Regulations and when placing the Order.
  6. The service allows payment by bank transfer (prepayment) or by credit card.
  7. Electronic payment and payment by payment card is carried out via the PayPal.com service.
  8. Electronic payments and payment cards are handled by: Paypal.com – PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg.
  9. The essential provisions of the Agreement for the sale of Goods are recorded, secured, made available and confirmed to the Customer by sending the Customer an e-mail to the provided address and by attaching a printout of the receipt or VAT invoice to the shipment containing the Goods.

VI ­Right of withdrawal from the contract

  1. In accordance with the provisions of the Consumer Rights Act – the Consumer may withdraw from the distance contract concluded with the Seller without giving a reason within 14 (fourteen) days from the date of receipt of the Goods, subject to paragraph 2.
  2. Pursuant to art. 38 point 3 of the Consumer Rights Act, the Customer who is a Consumer does not have the right to withdraw from the contract if the Goods are prepared according to the individual specifications (e.g. dimensions) of the Customer who is a consumer.
  3. Withdrawal from the contract is possible only if the Goods are in an unchanged condition and the Goods do not show signs of use.
  4. The withdrawal form is an annex to these Regulations. – Withdrawal form – Customer’s declaration.
  5. The Consumer is obliged to return the Goods to the Seller’s correspondence address indicated in the General Provisions chapter of these Regulations within 14 days from the date of withdrawal from the contract.
  6. The Seller shall return the amount paid by the Consumer as payment within 14 days from the date of withdrawal by the Customer who is a consumer from the contract, using the same method of payment as the Consumer used. The costs of returning the Goods by the Customer who is a consumer to the Seller shall not be refunded.
  7. For orders exceeding one item of Goods, if the Consumer returns only part of the Order, the Seller shall return to the Consumer the amount paid as payment for the returned Goods, excluding the shipping fee.
  8. To meet the deadline referred to in paragraph 1 above, it is sufficient to send the Seller a declaration of withdrawal from the contract in writing to the Seller’s correspondence address specified in the General Provisions of these Regulations or by sending the form electronically by e-mail to the following e-mail address: sklep@modus.com.pl or modus@modus.com.pl.
  9. In the event of withdrawal from the contract electronically, the subject of the e-mail should be entered as “RETURN”.
  10. After receiving a declaration of withdrawal from the Consumer, the Seller will confirm to the Consumer the fact of receiving the declaration by sending a confirmation of its receipt to the Consumer’s e-mail address.

VII Complaints about Goods

  1. The Seller is obliged to deliver goods free from defects to the Buyer.
  1. The basis and scope of the Seller’s liability towards the Customer, if the Product contains a physical or legal defect, are specified by generally applicable provisions of law, in particular the Civil Code. The Parties may extend, limit or exclude liability under the warranty. If the Customer is a Consumer, the limitation or exclusion of liability under the warranty is only permissible in cases specified in special provisions.
  2. If you submit a complaint electronically, please enter “COMPLAINT” in the title of the e-mail.
  3. The complaint form is an appendix to these Regulations. In the event of loss of the fiscal receipt confirming the purchase of the Goods, a statement of loss of the fiscal receipt must be attached. – Complaints forum – Customer statement.
  4. If the Goods are defective, the Consumer may submit a declaration of a price reduction or withdrawal from the contract, unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective Goods with defect-free ones or removes the defect. The Seller reserves the right that in the case of clothing – the removal of physical defects will be made within 14 days at the latest, while the sewing of new Goods will take place within 40 days. The above deadlines do not include the delivery time of the shipment.
  5. The limitation indicated in the above point does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free ones or to remove the defect.
  6. If the Consumer’s complaint is accepted, the costs of the complaint shall be borne by the Seller.
  7. If the complaint is not accepted, the shipping costs are borne by the Consumer.
  8. The consumer may submit complaints regarding the non-conformity of the Goods with the sales contract within a period of 2 years from the date of receipt of the contract.
  9. In the case of a sales contract concluded between the Seller and the Entrepreneur, the Seller’s liability towards the Entrepreneur under the warranty is excluded.
  10. The Seller shall not be liable for any of the following in relation to the properties of the goods:
  1. A complaint submitted by the Customer should be made in writing to the Seller’s correspondence address specified in the General Provisions of these Regulations or by e-mail to the following address: sklep@modus.com.pl or modus@modus.com.pl.
  1. The Seller undertakes to consider the complaint within 14 days of its receipt, and if in particularly justified cases this proves impossible – to inform the Customer within that period about the reasons for this state of affairs and the final deadline for considering the complaint.
  2. The claimed goods should be delivered to the Seller’s registered office. It is recommended that the delivery of the goods be preceded by informing the Seller about the complaint.

a) loss of properties or deterioration of the quality of the goods as a result of improper use or storage of the goods by the Buyer in inappropriate conditions,

b) differences in the properties of new and used (partly used) goods,

c) the consequences of using the product contrary to its intended use or instructions.

VIII Complaints regarding the provision of services by electronic means

  1. The Seller undertakes to ensure the correct use of the Service, in accordance with currently available technical knowledge.
  2. The Customer should immediately notify the Seller of any faults
    in the functioning of the Service, and the Seller undertakes to immediately remove these faults as soon as possible.
  3. The Customer may submit complaints regarding the functioning of the Service in the following manner:

a) correspondence address: MODUS S.A. with its registered office in Bydgoszcz, at ul. Karola Szajnochy 11, 85-738 Bydgoszcz,

b) e-mail address: sklep@modus.com.pl lub modus@modus.com.pl.

  1. In the complaint, the Customer should provide data enabling his identification and indicate the type of defect.
  2. The Seller undertakes to consider the complaint within 14 days of its receipt, and if in particularly justified cases this proves impossible – to inform the Customer within that period about the reasons for this state of affairs and the final deadline for considering the complaint.

IX Intellectual property

  1. The content of the Service is the subject of the exclusive rights of the Seller and is subject to legal protection.
  2. The Customer may use the content of the Service only for personal use.
  3. All goods and names presented in the Service are used solely for identification purposes.

X Dispute resolution

  1. Any disputes resolved in connection with these regulations will be resolved by a court with local and material jurisdiction. In accordance with the provisions of the Code of Civil Procedure, the Parties may file an action in particular before a court with jurisdiction according to the defendant’s place of residence, according to the registered office of the main establishment or branch of the entrepreneur, if the claim being pursued is related to this branch, according to the place of performance of the contract.
  2. In the event of a dispute between the Customer and the Seller, the Customer has the right to use out-of-court methods of resolving disputes, in particular:
    mediation conducted by the Trade Inspection, the Permanent Consumer Arbitration Court at the Voivodeship Inspectorates of the Trade Inspection.
  3. A Customer who is a consumer may obtain free assistance in resolving a dispute between the Customer and the Seller by using the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers on the consumer hotline number 800 007 707 and by the Association of Polish Consumers at the e-mail address: porady@dlakonsumentow.pl.
  4. In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), every Consumer is entitled to have their complaint resolved via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
  5. In matters not regulated by the Regulations, the relevant provisions of Polish law shall apply.
  6. The Seller has the right to change the Regulations.
  7. The new version of the Regulations shall be effective for 14 days from the date of announcement on the main page of the Service and notification to Customers who have an Account by e-mail.
  8. If a Customer who has an account does not agree to the new wording of the Regulations, he or she is obliged to notify the Seller within the deadline specified above.

Attachments:
1. Withdrawal form
2. Complaint form
3. Customer Statement