Terms and conditions

Terms and conditions of the online store modapolka.com

I. Definitions

§ 1

In these terms and conditions, hereinafter referred to as the “Regulations”, the following terms shall be understood:

a. “Seller” – Mrs. Paulina Stępień, who is the owner of the brand under the company Paulina Stępień “Modapolka”, ul. Taternicza 20/1, 92-104 Łódź, registered in the Central Register and Information on Economic Activity, VAT no. 713 166 54 13, E-mail: contact@modapolka.com
b. “Store” – an online shop located on the website: modapolka.com and its subpages,
c. “Customer” – any person who has signed a contract with the seller to create an account in the shop or makes purchases without the establishment of such an account,
d. “Account” – the account established by the Customer in the shop in accordance with the rules laid down in the Regulations,
e. “Consumer” – a person defined in the provision of art. 221 of The Civil Code, that is, a natural person who has a legal act unrelated directly to his business or profession,
f. “Policy”- Privacy policy and cookies, available here.

II. General provisions

§ 2

The regulations define the rules for the provision of online services by the seller to customers, consisting in enabling them to: conclude online contracts for the sale of goods contained in the store’s assortment for the prices indicated on the relevant shop subpages and create your account.

§ 3

The content presented on the store pages, in particular advertisements, price lists and other information, are not a commercial offer within the meaning of the provisions of art. 66 and 661 of the Civil Code, but an invitation to tender.

§ 4

The photographs and descriptions of the goods, trademarks and other materials appearing on the store’s homepage and sub-pages are the intellectual property of the seller or the producers of those goods. Their use without the consent of the seller or the manufacturer may violate copyright laws.

§ 5

Prices of goods in the store assortment are expressed in Polish zlotys and include VAT. The seller may modify the store assortment, commodity prices, carry out and revoke promotional actions. The changes do not affect the sales contract already concluded with customers.

§ 6

The commodity prices listed in the store do not include: Shipping costs or payment handling costs.

§ 7

You may make a purchase in the store without creating an account or after it has been created.

§ 8

1. It is not necessary for the client’s computer or other device to meet any special technical conditions to use the store. It is sufficient to have the following: Internet access, possession of an e-mail address, a standard operating system and a web browser.

2. For the proper use of the account, as well as placing an order, it is necessary to enable cookies in the Web browser. Cookies are used to maintain the client’s session after logging into the account and to maintain the order process, as well as to maintain the proper functioning of the website and statistical purposes. You can then delete them by using the appropriate options available in your Web browser or other software. Detailed information about cookies is contained in the policy.

III. Establishment of the store account

§ 9

1. If you wish to conclude an account with the seller, you should click on the “Login” button and then complete all mandatory fields of the registration form and click the “Register” button. The form constitutes an offer of the seller to the prospective client concerning the conclusion of the contract for the establishment of the store account.

2. It is forbidden to add illegal content in the form, in particular, without proper authorization of the personal data of third parties.

3. By clicking the “Register” button, you are accepting the seller’s offer as referred to in point 1 of this paragraph. This moment states the conclusion of the contract for the establishment of an account between the seller and the person who completed the registration form.

4. Once the “Register” button is clicked by the person who completed the registration form, the Seller sends an e-mail with the confirmation of creating the account to the e-mail address provided by the user. The terms and policies are also included in the message.

5. If the customer is a consumer, then he/she has the right to withdraw from the contract for the establishment of the account, without stating reasons, within 14 days from the date of its conclusion, that is, from the time specified in the provision of point 3 of this paragraph. The provisions of § 17 paragraph 2-4 shall apply mutatis mutandis.

6. The account can also be created while placing the order by selecting the appropriate option in the form.

§ 10

The customer should carefully store his or her login information to the store website so that unauthorized persons are not granted access to this data.

§ 11

After establishing the account, the customer has the ability to: edit their data, add goods to the wish list, place orders and view recent order history.

IV. Submission and acceptance of an order

§ 12

1. The sale of goods is based on orders placed by the customer. The customer has the option of placing an order after logging into their account or without such login after providing the data necessary to complete the order.

2. Orders can be placed 7 days a week, 24 hours a day.

§ 13

1. In order to conclude a sales contract with the seller, the customer selects the goods on the respective sub-pages of the store by clicking the “Add to Cart” button, which is located next to the customer’s chosen item. The selected goods are not yet ordered and the customer has the option to add additional goods to the cart, to remove the goods contained therein, as well as to cancel the purchase.

2. After adding the goods to the cart, the customer has the option to remove them or add additional items. Next click on the ‘ Proceed to checkout ‘ button.

3. If you do not have an account, you may create one or use a purchase option without creating an account and provide the necessary information to submit your order. If the customer has an account, they should log in and provide data to complete order.

4. Then choose the payment method and method of delivery. The costs of the available delivery methods are displayed next to each method.

5. The heading “Total” will display the price including the total amount that the customer will be obliged to pay, i.e. including the price of the goods, delivery costs and the chosen payment method.

6. The goods indicated in the cart, together with their number, prices, and delivery and payment costs, constitute the seller’s offer to the customer to conclude the contract of sale in respect of those goods. The customer has the possibility to correct any errors in the order, change or cancel them by returning to the contents of the cart.

7. At this stage of ordering, it is also necessary to check if everything is correct and confirm it by clicking the button “Place order”. Clicking the “Place order” button means the customer accepts the seller’s offer of the above order, which results in the conclusion of a contract of sale between the seller and the customer.

8. If you choose the method of payment carried out by the external operator, after clicking the button “Place order” you will be redirected to the website of the Internet payment processor. Payment is made on the basis of the terms and conditions available on the website of the Internet payment processor.

V. Delivery and payment

§ 14

1. The following payment methods are available: Fast Internet transfers, bank transfer and PayPal.

2. Delivery is effected by courier to the address indicated by the customer.

3. The customer shall be informed of the costs of delivery and the method of payment prior to the conclusion of the contract.

§ 15

The cost of delivery is covered by the customer, but the seller may give certain thresholds for the value of purchases from which the seller will cover delivery costs. The seller may also apply other special offers regarding delivery costs.

§ 16

A sales document that complies with tax regulations is attached to the order.

VI. Returns and complaints

§ 17

1. If the customer is a consumer, then he/she has the right to withdraw from the contract of Sale concluded with the seller, without stating any reasons, within 14 days. The time limit for withdrawal expires within 14 days of receiving the item or within 14 days from the day a third party indicated by the customer, other than the carrier, receives the item. If the subject of the contract is more than one item each delivered separately, this deadline expires within 14 days of the customer’s receipt of the last item or within 14 days of a third party’s, other than the carrier, receipt of the last item.

2. The customer should inform the seller of his decision to withdraw from the contract by means of a clear statement (for example, filed in writing by mail or e-mail to the seller’s address given in the order in paragraph 1 (a) of the Regulations.

3. The customer may use the model withdrawal form, which is stated here, but this is not obligatory.

4. In order to retain the terms of withdrawal, the customer must send information concerning the withdrawal before the 14-day expiry period.

5. In the event of withdrawal from the contract, the seller shall reimburse all received payments immediately and in any case no later than within 14 days of receiving the customer’s statement. The seller will reimburse the payment using the same payment method as the customer used in the original transaction, unless the customer has expressly agreed to another solution; In any case the customer will not incur any fees in connection with this refund.

6. The seller may withhold payment until the item is received or until proof of sending the parcel with the returned goods is delivered, whichever occurs first.

7. The customer should return the item to the seller promptly, and in any case no later than within 14 days of informing about the withdrawal from the contract. The deadline is retained if the customer sends the item before the expiry of the 14-day deadline.

8. The customer covers the costs of returning the goods.

9. The customer is responsible for reducing the value of things resulting from the use of it in a way other than necessary to ascertain the nature, characteristics and functioning of the goods.

§ 18

1. The Seller informs that he is obliged to deliver the goods free of defects.

2. Complaints may be submitted in writing to the Seller’s address given in the provision of § 1 point (a) or to the e-mail address indicated there.

3. The complaint must include the customer details, the order number (or other information which can help us to identify the order) and a description of the event leading to the complaint.
4. Please allow 14 days for the Complaints to be processed by the seller.

VII. Duration of the account establishment agreement

§ 19

The contract with the client to create an account in the store is concluded for an indefinite period of time.

§ 20

1. The Customer may at any time close his/her Account with immediate effect by sending a notice to the seller’s address given in § 1 point. (a), the e-mail address or other form provided there.

2. The seller may close the Customer’s Account only in the following situations:
a. The Seller closes down the store,
b. The Customer provides information of unlawful nature in the registration form or when purchasing the goods. In this case, the account shall close within a week’s notice.

VIII. Changes to the terms

§ 21

 1. The seller has the right to change the terms and conditions under the terms of this paragraph and only if one of the following situations occur:

a. The seller introduces new services to the store,

b. Changes in the methods and costs of delivery or payment,

c. Modification of the shopping path,

d. Amendments to the provisions of the law which necessitate the adaptation of the provisions of the regulations, in particular the amendments to the provisions on: Consumer protection, the provision of electronic services, the protection of personal data. In the event of the above, the terms and conditions may be amended to adapt the content to the new legal requirements.

2. In the event of any of the above reasons, the seller will send information about the planned amendment of the regulations together with the new regulations to the Customer’s the e-mail addresses provided by him/her. The information will be sent to customer at least 14 days before the planned changes.

3. A client who does not accept the planned changes may close his/her account on the terms indicated in the provision of § 20 hereof. If the customer does not close his/her account before the new regulations enter into force, the new version becomes binding as of the date of entry into force.

4. Changes to the terms and conditions do not apply to sales contracts concluded before the new version of the regulations.

IX. Final provisions

§ 22

When using the store and correspondence with the seller, it is forbidden to provide illegal content.

§ 23

The seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform of an online dispute resolution system for contracts concluded remotely between consumers and traders. The platform is an access point for consumers and entrepreneurs who would like to benefit from out-of-court consumer dispute resolution on online transactions.

§ 24

The terms and conditions are available at the seller’s headquarters and at www.modapolka.com.