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TERMS AND CONDITIONS OF ONLINE SHOP
Seller designation :
J&L Models Katarzyna Tyła
Orlik-Ruckemann 41/51 m10
§1 General provisions
- These Regulations define the general conditions, the manner of providing electronic services and sales conducted via the Internet Store https://models118.com .
- These Terms and Conditions are continuously available on the website https://models118.com in a way that makes it possible to obtain, reproduce and preserve their content by printing or saving them on a carrier at any time.
- In order to start using the Store, it is necessary to read and fully accept these Regulations. It is understood that reading and accepting these Regulations is tantamount to the Seller providing information to the consumer, which is referred to in Article 12 of the Act of 30 May 2014 on consumer rights, this information is contained in the following paragraphs of the Regulations.
- The Customer is obliged to:
- provide only true, up-to-date and all necessary information when registering and ordering in the Internet Shop, as well as update it without delay.
- use services provided by the Seller in a way that does not interfere with the functioning of the Seller, the Internet Shop and other Clients ;
- use the services provided by the Seller in a manner compliant with the provisions of law and these Terms and Conditions.
- As of 1 January 2021, the provisions relating to the consumer set out in these Regulations and in the Consumer Rights Act (right of withdrawal, liability under warranty, prohibited contractual provisions) shall also apply to agreements concluded as of that date to customers who are natural persons concluding an agreement directly related to their business activity, where the content of such agreements indicates that they are not of a professional nature. In order to determine whether such a client has consumer rights in specific circumstances, it should be verified whether the concluded agreement is of professional nature on the basis of the entry of that entrepreneur in the Central Business Register and Information on Business Activity of the Republic of Poland.
- The terms used in the Regulations shall mean:
- Working days - these are days from Monday to Friday excluding public holidays;
- Customer - a natural person with full capacity to perform legal actions, and in cases provided for by generally applicable regulations also a natural person with limited capacity to perform legal actions; a legal person or an organisational unit without legal personality, which is granted legal capacity by the law; - who places an order under the conditions specified in these Regulations.
- Civil Code - the Act of 23 April 1964;
- Account - a part of the Internet Shop assigned to a given Client, by means of which the Client may perform certain actions within the Internet Shop;;
- Consumer - an adult natural person with full legal capacity, making a purchase at the Seller's that is not directly related to their business or professional activity.
- Newsletter - a service consisting in the possibility of receiving commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer. For this purpose, a valid e-mail address must be provided or an appropriate field must be activated in the registration or order form.
- Regulations - this document;
- Seller - J&L Models Katarzyna Tyła, ul.Orlik-Ruckemanna 41/51 m10, 42-202 Częstochowa, NIP: 9492040150
- Goods - a product presented in the Online Shop, the description of which is available next to each of the presented products;
- Contract of sale - the contract of sale of the Goods, as defined by the Civil Code, concluded between the Seller and the Client;
- Services - services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on provision of electronic services;
- Customer - a natural person with full capacity to perform legal actions, and in cases provided for by generally applicable regulations also a natural person with limited capacity to perform legal actions; a legal person; or an organisational unit without legal personality, to which a law grants legal capacity; - who uses or intends to use an Electronic Service.
- Consumer Rights Act - Act of 30 May 2014 on consumer rights ;
- Order - Customer's declaration of will, aiming directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
- Services are provided by the Service Provider free of charge, 24 hours a day, 7 days a week.
- The Service Provider provides the following Electronic Services to Customers via the Internet Shop:
- User Account
- Placing an order and concluding Sales Agreements, on the terms and conditions specified in these Terms and Conditions;
- The use of a User Account is possible after the following steps have been completed by the Service Recipient together:
- completing the registration form and accepting the provisions of these Regulations,
- click on the "Register" box.
- The agreement for the provision of services consisting in maintaining a User's Account in the Internet Shop is concluded for an indefinite period of time and shall be terminated upon the Customer's sending a request for Account deletion, in particular via e-mail to the address: firstname.lastname@example.org or in writing to the address: Koźmice Wielkie 781 32-020 Wieliczka or by using the option to delete the account yourself, available on the website https://models118.com.
- Newsletter is a service provided at the request of the Customer after concluding the Agreement, includes receipt by the Customer who provided the Service Provider with their email address, by electronic means, of commercial information on the products and services of the Service Provider, including in particular information about their current offer, promotions, discounts and marketing actions.
- The Newsletter service provision agreement shall be concluded for an indefinite period of time and shall terminate upon the Customer's sending a request to remove his/her email address from the Newsletter subscription service or unsubscribe from the Newsletter service with the use of a link in the message sent as part of the Newsletter service.
- The contract for the provision of Electronic Services consisting of enabling the Customer to place an Order in the Shop is concluded for a definite period and terminates when the Order is placed or when the Customer ceases to place it.
- The Service Provider may at any time terminate the Agreement for the provision of services with the Client with 14 days' notice for valid reasons, understood as a change in the provisions of law governing the provision of services by electronic means by the Service Provider affecting the mutual rights and obligations set out in the agreement concluded between the Client and the Service Provider or a change in the scope or provision of services to which the provisions of the Regulations apply.
- In the case of violation by the Client/Customer of the provisions of these Regulations, the Service Provider/Seller, after a prior ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days' notice.
§4 Contract for the sale of goods
- Information about the Goods given on the websites of the Store, in particular their descriptions, technical and usable parameters as well as prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.
- The photos and presentations of the offered goods are examples and serve only to present the models shown therein.
- The seller makes it possible to place orders via the online shop 24/7.
- Placing an Order is possible for Users of the Internet Shop who have correctly filled in the Registration Form which can be found on the website of the Internet Shop. Placing an Order is also possible without a registration form. If there is no user account, the Customer has to fill in a separate order form with the data necessary to conclude a sales contract.
- When placing an order, an element of the procedure is also providing by the Customer his/her personal data indicated in the order form marked as obligatory and expressing by the Customer, by ticking an appropriate box before finalizing the order, consent to processing of the Customer's personal data provided during placing the order for the purpose of completing and servicing the order. Providing personal data marked as obligatory is voluntary, however, it is necessary in order to place an order. Providing personal data not marked as obligatory is voluntary and is not necessary to place an order. Failure to exercise due diligence when filling out the form may result in the Customer having to incur additional costs, including: costs of compensation nature, costs of incorrectly made shipment, costs of re-delivery, and other justified costs which were incurred by the Store in order to process the given order.
- In the order form it is necessary to indicate such data as the Customer's name and address, the Customer's telephone number and e-mail address (e-mail address), the recipient's data and the address to which the goods are to be delivered, if the ordered goods are to be delivered to an address other than the Customer's address.
- The Customer sends an Order to the Seller using the functionality of the On-line shop made available for this purpose, which expresses the obligation to pay. In relation to the Customer who does not have an Account, acceptance of the Terms and Conditions is required.
- In the event of placing an Order via the Order form available on the website of the Online Shop, the Order is placed by the Client to the Seller in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods being the subject of the Order. An offer made in electronic form is binding upon the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance of the Order for execution, which constitutes the Seller's statement of acceptance of the Client's offer and upon its receipt by the Client a Contract of Sale is concluded.
- The entire order value includes the price of the goods and shipping costs.
- The price of the Goods displayed on the website of the Internet Shop is given in Polish zloty and includes taxes. The Client can change the currency by clicking the currency switch in the upper right corner of the Internet Shop. The total price, including taxes, of the Goods being the subject of the Order, as well as delivery costs (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - the obligation to pay them, the Client shall be informed on the pages of the Online Shop in the course of placing the Order, including also at the moment of expressing by the Client the will to be bound by the Sales Agreement.
- The sales contract is concluded in the Polish language.
- In the event that performance is not possible and in other situations defined by law, the relevant provisions of the Civil Code may apply, in particular those concerning the obligation to return the performance to the Consumer without delay.
§5 Forms of payment
- The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:
- Payment to the Seller's bank account (before dispatch of the goods);
- Electronic payment (before shipment of the goods);
- Payment by cash on delivery, in cash to the carrier (upon receipt of the goods);
- The customer is obliged to pay the final price, which is the result of the purchase price of the goods, plus transport costs and any handling costs associated with the selected electronic payment method.
- Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice via Przelewy24 or PayPal.
- The date of payment shall be the date of crediting the Seller's bank account.
- If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 3 calendar days from the conclusion of the Sales Agreement.
- If the Customer chooses to pay cash on delivery, the Customer is obliged to make payment on delivery.
- When making a payment, the user shall be informed immediately before it is made about the amount in which the payment is to be made, about the possible ways of making it and about the data of the operator processing the payment, if a given service has such a possibility. Detailed regulations on making payments via electronic payment operators are available on the website of a given operator.
- When making a payment via an electronic payment operator, the User shall follow the instructions provided by the electronic payment operator in order to make the payment.
- The Customer authorises the Seller to issue a VAT invoice without the recipient's signature in electronic form (or any other bill documenting the sale in electronic form).
§6 Costs and delivery methods
- The delivery of Goods to the Client is chargeable, unless the Sales Agreement provides otherwise. The costs of delivery of the Goods are indicated to the Client on the pages of the On-line Shop under the information tab concerning the costs of delivery and during placing an Order, including also at the moment of expressing by the Client the will to be bound by the Sale Agreement.
- The Seller provides the Customer with the following methods of delivery or collection of the Product:
- Postal consignment, cash on delivery.
- Courier delivery, cash on delivery.
- Collection in InPost parcel machines.
- The date of delivery of the Goods to the Customer depends on the goods ordered and is presented to the Customer at the time of placing the Order.
- The period for delivery and performance of the Order is counted in Working Days.
- If different lead times are stipulated for the Goods covered by the Order, the longest of the stipulated periods shall apply to the entire Order.
- Deliveries to certain countries outside the EU may incur additional charges, including customs duties, which the Customer is obliged to pay.
§7 Product complaints
- The Seller has a sufficiently formalised procedure for lodging complaints and shall recognise complaints in accordance with this procedure.
- The seller undertakes to deliver the goods to the customer without defect.
- The Seller shall be responsible towards the Customer if the sold Goods have a physical or legal defect (liability under warranty) under the principles defined in Article 556 and subsequent articles of the Civil Code.
- Ways to make a complaint:
- in writing to the correspondence address: J&L Models Katarzyna Tyła, 41/51 m10 Orlik-Ruckemanna Street, 42-202 Częstochowa;
- in electronic form via the form available on the website: https://models118.com
- The customer should indicate in the complaint:
Goods which the complaint refers to; information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; request for the manner of bringing the Goods into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; contact details.
- The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Seller does not respond within the aforementioned time limit, it means that the Seller acknowledged the complaint as justified.
- A customer who exercises warranty rights is obliged to deliver defective goods at his own expense to the address: J&L Models Katarzyna Tyła, ul.Orlik-Ruckemann 41/51 m10, 42-202 Częstochowa. If, due to the type of goods or the way they are installed, delivery of the goods by the Customer would be excessively difficult, the Customer is obliged to make the goods available to the Seller at the place where the goods are located.
- In the performance of the contract for the provision of services by electronic means, the Customer may submit to the Seller complaints regarding the functioning of the Store and use of the Services. Complaints can be submitted in writing to the address of the Seller indicated in paragraph 4.
§8 Right to withdraw from the Agreement
- Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who has concluded a remote contract, may withdraw from it without giving reasons, making a statement to that effect within 14 days. Sending a statement of withdrawal made available by the Store is sufficient to meet this deadline.
- In the case of withdrawal from the agreement, the Sales Agreement is considered unconcluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to return the Product to the Seller or submit it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date of withdrawal from the agreement, unless the Seller offered to collect the Product himself. In order to meet the deadline it is enough to send back the Product before its expiry.
- In the case of withdrawal from the Sales Agreement, the Product should be returned to the following address J&L Models Katarzyna Tyła, ul.Orlik-Ruckemanna 41/51 m10, 42-202 Częstochowa.
- The Consumer or the entity referred to in § 10 of the Terms and Conditions shall be liable for any diminished value of the Product resulting from the use of the Product in a manner which goes beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions, should only handle and inspect the Products in the same manner as they would do in a stationary shop.
- Subject to the provisions of point 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with its delivery costs using the same method of payment as the Consumer, unless the Consumer or the entity referred to in § 10 of these Terms and Conditions, have expressly agreed to a different method of reimbursement, which does not involve any costs for them. Subject to point 7 of this paragraph, the return shall be made immediately, and at the latest within 14 days from receipt by the Seller of a notice of withdrawal from the Sales Agreement.
- If the Consumer or entity referred to in § 10 of the Terms and Conditions chose a method of delivery of the Product other than the cheapest standard delivery method offered by the Shop, the Seller shall not be obliged to reimburse them the additional costs they have incurred.
- If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Terms and Conditions, it may withhold the reimbursement of payments received from the Consumer until it receives the item back or the Consumer or the entity referred to in § 10 of the Terms and Conditions provide proof of its return, whichever event occurs first.
- A Consumer or an entity referred to in § 10 of the Terms and Conditions, withdrawing from a Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of sending the Product back to the Seller.
- The fourteen-day period in which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall be calculated from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions took possession of the Product, and in the case of services from the date of conclusion of the contract.
- The right of withdrawal from a distance contract is not granted to the Consumer or the entity referred to in § 10 of the Regulations, in the case of a Sales Contract:
- in which the object of the supply is a non-refabricated item produced to the consumer's specifications or intended to meet his individual needs,
- in which the subject matter of the supply is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery,
- where the object of the supply is goods which, by their nature, remain after delivery
- in which the subject of the performance is a service, if he has been informed before the performance begins that after the Seller's performance he will lose the right to withdraw from the contract,
- where the object of the supply is a perishable item or an item with a short shelf life.
- Both the Seller and the Customer have the right to withdraw from the Sales Agreement in case the other party to the agreement fails to fulfil its obligations within a strictly specified period of time.
- From 1 January 2021 the provisions concerning the consumer set out in this Chapter shall also apply to agreements concluded from that date to customers who are natural persons concluding an agreement directly related to their business activity, where it is clear from the content of such agreements that they are not of a professional nature. In order to determine whether such a client has consumer rights in specific circumstances, it should be verified whether the concluded agreement is of professional nature on the basis of the entry of that entrepreneur in the Central Business Register and Information on Business Activity of the Republic of Poland.
§9 Exclusion of right of withdrawal
- The Consumer's right of withdrawal is excluded in the case of:
- provision of services if the Seller has performed the service in full with the express consent of the Consumer who has been informed before the provision of services that after the Seller's performance he will lose the right to withdraw from the Agreement;
- A contract in which the price or remuneration depends on fluctuations in the financial market which are not controlled by the Seller and which may occur before the end of the period for withdrawal;
- Agreement in which the subject matter of the supply is a non-refabricated good produced to the Consumer's specification or serving to satisfy his individual needs;
- A contract in which the subject matter of the performance is a perishable good or a good with a short shelf life;
- A contract in which the subject matter of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
- A contract in which the subject matter of the performance is Products which, after delivery, by their nature are inseparable from other things;
- a contract in which the consumer expressly requested that the Seller come to him in order to carry out urgent repair or maintenance; if the Seller provides in addition other services than those which the consumer requested, or supplies Goods other than replacement parts necessary for carrying out repair or maintenance, the right of withdrawal shall apply to the consumer in relation to the additional services or Goods;
- A contract in which the subject matter of the performance is a sound or visual recording or computer software supplied in a sealed package if the package was opened after delivery; supply of newspapers, periodicals or magazines, except for a subscription contract;
- Contract concluded by public auction;
- Agreement for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the period for withdrawal from the Agreement and after the Seller has informed the consumer of the loss of the right to withdraw from the Agreement.
§10 Out-of-court complaint and redress procedures
- The Seller informs about the possibility to use out-of-court ways of dealing with complaints and making claims. Using them is voluntary and may take place only when both parties to the dispute agree to it.
- Detailed information on the resolution of consumer disputes, including the possibility of using out-of-court complaint handling, claim investigation and the rules of access to these procedures are available in the offices and on the websites of district (city) consumer ombudsmen, voivodeship inspectorates of the Trade Inspection and at the website: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
- The Customer, who is a Consumer, has the right, for example, to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
- On the basis of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform you that at http://ec.europa.eu/consumers/odr/. a platform for online dispute resolution between consumers and traders at Union level (the ODR platform) is available. The ODR platform is a one-stop-shop website for consumers and traders seeking to resolve out-of-court a dispute concerning contractual obligations arising from an online sales or service contract.
§11. Provisions for entrepreneurs (B2B)
- From 1 January 2021, this Chapter shall not apply to customers who are natural persons concluding a contract directly related to their business activity, where it is clear from the content of such contracts that they are not of a professional nature. In order to determine whether such a client has consumer rights in specific circumstances (e.g. the right to withdraw from the contract, liability under warranty, prohibited contractual provisions), it should be verified whether the concluded contract is of a professional nature on the basis of the entry of that entrepreneur in the Central Business Register and Information on Business Activity of the Republic of Poland
- In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty towards the Customer, who is an entrepreneur, is excluded.
- The Seller has the right to withdraw from the Sales Agreement concluded with the Entrepreneur within 14 days from the date of its conclusion. In this case the withdrawal from the Sales Agreement may take place without giving any reason and does not give rise to any claims by the Customer against the Seller.
- In case of Customers who are Entrepreneurs, the Seller has the right to limit the available payment methods, including the requirement to make a full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
- Upon issuance of goods by the Seller to the carrier, benefits and burdens associated with the goods and the danger of accidental loss or damage pass to the Customer who is an Entrepreneur. In such a case, the Seller shall not be liable for loss, damage or impairment of goods occurring from the time of their receipt for transport until their release to the Customer and for any delay in transport of the consignment.
- Settlement of potential disputes arising between the Seller and the Customer who is an entrepreneur is subject to the court having jurisdiction over the seat of the Seller.
§12 Force majeure clause
- Neither party may be held liable for non-performance of any of its obligations if such non-performance is caused by an unforeseeable event beyond its control or a force majeure incident, including but not limited to epidemic, flood, fire, storm, shortage of raw materials, transport strike, partial or total strike, or lockout. The party affected by such events must immediately notify the other party no later than 10 working days after the occurrence of the said event.
- The parties agree that they will jointly endeavour to fulfil the undertaking to the best of their ability during the persistence of such events.
- This clause does not in any way limit consumer rights.
§13 Data protection
- The Seller shall apply appropriate technical and organisational measures to ensure the protection of the personal data processed.
§14 Terms of termination of contracts for the provision of electronic services
- Termination of an agreement for the provision of an Electronic Service:
- An agreement for the provision of an Electronic Service of a continuous and unlimited character (maintaining an Account) may be terminated.
- The Customer may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement by e-mail to the following address: email@example.com
- The Service Provider may terminate a contract for the provision of continuous and uninterrupted Electronic Services in the event that the Client breaches the Terms and Conditions, in particular if the Client provides illegal content, after an ineffective prior request to cease the breach by setting an appropriate period of time. The Agreement in such a case expires after 7 days from the date of submission of a declaration of intent to terminate it (notice period).
- Termination shall lead to the termination of the legal relationship with effect for the future.
- The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement.
§15 Intellectual property
- All content posted on the website at www.modeliki.pl enjoy copyright protection and (subject to § 15.3 and elements posted by the Service Recipients, used under license, transfer of copyrights or permitted use) are the property of J&L Models Katarzyna Tyła, 41/51 m10 Orlik-Ruckemann Street, 42-202 Częstochowa, NIP: 9492040150. The Service Recipient shall be fully liable for any damage caused to the Service Provider resulting from the use of any content of the website https://models118.com, without the consent of the Service Provider.
- Any use by anyone, without the express written consent of the Service Provider, of any of the elements making up the content of the www.modeliki.pl website constitutes an infringement of copyright vested in the Service Provider and results in civil and criminal liability.
- All trade names, Product names, company names and their logos used on the Shop website at www.modeliki.pl belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the Shop's website at www.modeliki.pl are used for information purposes.
§16 Final provisions
- All rights to the On-line shop, including property copyright, intellectual property rights to its name, Internet domain, the website of the On-line shop, as well as to the forms, logotypes belong to the Seller, and the use of them may take place only in the manner specified and compliant with the Terms and Conditions.
- The law applicable to contracts with customers is Polish law. The United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on 11 April 1980, shall not apply.
- The choice of Polish law as the applicable law does not deprive consumers of the protection afforded to them by the law of their habitual residence within the EU.
- In matters not covered by these regulations, Polish regulations shall apply.
- Each Customer shall be informed of any amendments to these Terms and Conditions by information on the home page of the Internet Shop containing a summary of the amendments and the date on which they become effective. Customers who have an Account shall additionally be informed of the changes together with their summary at the e-mail address indicated by them. The effective date of the changes shall not be shorter than 14 days from the date of their publication. If the Customer who has a Customer Account does not accept the new content of the Terms and Conditions, they are obliged to inform the Seller about this fact within 14 days from the date of informing about the change of the Terms and Conditions. Notifying the Seller about the lack of acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.
09 September 2021.