ONLINE STORE TERMS AND CONDITIONS

            1.         These Terms and Conditions set out the general terms, rules and procedure of sales conducted by Zbigniew Zaremba, conducting business activity under the company name HART ZBIGNIEW ZAREMBA, with its registered office in Wrocław, through the online store modecostone.eu (hereinafter referred to as the “Online Store”), as well as the rules and terms of providing free electronic services by Zbigniew Zaremba, conducting business activity under the company name HART ZBIGNIEW ZAREMBA with its registered office in Wrocław.

§1 Definitions

            1.         Working days – all days of the week from Monday to Friday, except public holidays.

            2.         Delivery – the factual act of delivering to the Customer the Goods specified in their order by the Seller through the services provided by the Carrier.

            3.         Carrier – the courier company entrusted by the Seller with the Delivery of the Goods.

            4.         Password – a sequence of letters, digits and other characters selected by the Customer during Registration in the Online Store, used to safeguard the access to the Customer’s Customer Account in the Online Store.

            5.         Customer – an entity to which, in line with these Terms and Conditions and the applicable law, electronic services may be provided and which may enter into a Contract of Sale.

            6.         Consumer – a natural person entering into a transaction with an entrepreneur not directly related to the natural person’s business or professional activity.

            7.         Customer Account – each Customer’s personal panel set up by the Seller after the Customer’s registration and conclusion of a contract for the provision of services – keeping and administering a Customer Account.

            8.         Entrepreneur – a natural person, a legal person or an organisational entity which is not a legal person but is granted legal capacity by the law, conducting business or professional activity in its own name and entering into a transaction directly related to the natural person’s business or professional activity.

            9.         Entrepreneur Acting as a Consumer– a natural person concluding a Contract of Sale directly related to their business activity, where the Contract of Sale indicates that it is not of professional nature for the Entrepreneur, which might follow in particular from the object of their business activity, which is made available under regulations on Central Registration And Information On Business.

            10.       Terms and Conditions – these Terms and Conditions.

            11.       Registration – the factual act performed in line with these Terms and Conditions, required for the Customer to be able to use all the functions of the Online Store.

            12.       Seller – Zbigniew Zaremba, conducting business activity under the company name HART ZBIGNIEW ZAREMBA, with its registered office in Wrocław (51-143), ul. Adama Asnyka 34, Tax Id. No. 8951004154, REGON Statistical Id. No.: 930426265, entered into the Central Registration And Information On Business kept by the Minister of Economic Development and Technology, email address: info@modecostone.eu; the owner of the Online Store.

                        BDO (Waste Management Database) No.: 000609120.

            13.       Online Store Website – any website operating within the modecostone.eu. domain where the Seller runs their Online Store.

            14.       Goods – products presented by the Seller through the Online Store Website for sale which are available for purchase under a Contract of Sale.

            15.       Durability – the capacity of the Goods to maintain their function and characteristics in the course of normal use.

            16.       Durable Medium – any material or instrument enabling the Customer or the Seller to store information addressed personally to them in a way that is accessible for future reference, for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored.

            17.       Contract of Sale – a distance sales contract concluded in line with these Terms and Conditions by and between the Customer and the Seller.

§2 General Provisions and the Use of the Online Store

            1.         The Seller owns any and all rights to the Online Store, including proprietary copyrights, intellectual property rights with regard to its name, domain, Online Store Website, as well as to templates, forms, logos found on the Online Store Website (except for logos and photos displayed on the Online Store Website for the purpose of presentation of goods the proprietary copyrights to which are owned by third parties), and they may only be used in a manner specified in these Terms and Conditions and subject to the Seller’s written consent.

            2.         The Seller shall strive to ensure that Internet users can access and use the Online Store on all popular Internet browsers, operating systems, device types and with all Internet connection types. Minimum requirements to use the Online Store Website are: a Microsoft Edge 109, Internet Explorer 11, Chrome 110, Firefox 109, Opera 95 or Safari 11 or newer Internet browser with Javascript and cookies enabled; and an Internet connection with speed of at least 256 kbit/s. The Online Store Website is optimised for screens with the minimum resolution of 1024×768 pixels.

            3.         The Seller uses cookie files, which are saved by the Seller’s server on the hard drive of the Customer’s end device during the Customer’s use of the Online Store Website. Cookies are used to ensure that the Online Store Website functions correctly on the Customers’ end devices. This mechanism does not damage Customers’ end devices and does not cause changes to the configuration of Customers’ end devices or to any software installed on these devices. Customers have the right to disable cookies in their Internet browser. However, the Seller informs that disabling cookies may cause difficulties in the use of the Online Store Website or render it impossible.

            4.         In order to place an order at the Online Store through the Online Store Website or via email, and in order to use the services available on the Online Store Website, Customers must have an active email account.

            5.         Customers are prohibited from providing any illegal content or using the Online Store, the Online Store Website or unpaid services provided by the Seller in any way that is unlawful, immoral or infringes on personal rights of third parties.

            6.         The Seller informs that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying Customer data by unauthorized persons. Therefore, Customers should use appropriate technical measures to minimize these risks. In particular, Customers should use anti-virus software and software protecting the identity of Internet users. The Seller shall never contact any Customer requesting their Password in any way.

            7.         Using the content and functions of the Online Store by the Customer in order to conduct business which infringes on the interests of the Seller, including but not limited to advertising other businesses or products, publishing content which is not related to the Seller’s business, publishing content which is untrue or misleading, is prohibited.

§ 3 Registration

            1.         In order to create a Customer Account, the Customer must complete the free Registration process.

            2.         Registration is not required to place an order at the Online Store.

            3.         In order to register, the Customer should fill in the Registration form available on the Online Store Website and submit it electronically to the Seller by selecting the appropriate option in the Registration form. In the course of the Registration process, the Customer sets their personalised Password.

            4.         As part of filling out the Registration form, the Customer is provided with these Terms and Conditions and should confirm having read them by checking the appropriate box in the form.

            5.         Immediately after submitting a completed Registration form, the Customer will receive an automated email to the email address provided in the Registration form confirming their Registration by the Seller. Upon the sending of this email, a contract for the provision of services – keeping and administering a Customer Account is concluded, the Customer receives access to their Customer Account and can change the details provided during Registration.

§ 4 Orders

            1.         Information provided on the Online Store Website do not constitute an offer by the Seller in the meaning of the Civil Code, but an invitation to submit an offer for the conclusion of a Contract of Sale.

            2.         Customers can place orders at the Online Store through the Online Store Website or via email at any time and any day of the week.

            3.         A Customer who wishes to place an order through the Online Store Website should complete their order by selecting the Goods they are interested in purchasing. The Goods are added to a Customer’s order by selecting “ADD TO BASKET” under the given Goods listing presented on the Online Store Website. After completing their order and selecting their preferred Delivery option and payment option in the “BASKET”, the Customer places their order by submitting the order form with the Seller, by selecting “CHECK OUT AND PAY” on the Online Store Website. In each instance, before the order is submitted with the Seller, the Customer is informed on the total price for the selected Goods and Delivery as well as of any additional costs which they will be obliged to pay in connection with the Contract of Sale.

            4.         A Customer who wishes to place an order via email should send their order to the email address provided by the Seller on the Online Store Website. In their message to the Seller, the Customer must specify in particular: the name of the Goods, the colour and amount selected from the offer presented on the Online Store Website, and the Customer’s contact and mailing details.

            5.         After receiving from the Customer an email mentioned in §4 Sec. 4, the Seller shall respond to the Customer with an email containing the Seller’s registration details, the price of the selected Goods, and information on the available payment and Delivery options together with their cost, as well as any other additional costs to be paid by the Customer in connection with the Contract of Sale. The email will also include the information that concluding a Contract of Sale by the Customer via email results in the obligation to pay for the Goods ordered. Based on the information provided by the Seller, the Customer can then place the order by sending an email to the Seller indicating the selected payment and Delivery option.

            6.         Placing an order constitutes an offer made by the Customer to the Seller to conclude a Contract of Sale for the Goods which are the subject of the order.

            7.         After the order is placed, the Seller sends to the email address provided by the Customer an order confirmation.

            8.         After the order is confirmed, the Seller sends to the email address provided by the Customer a confirmation of accepting the order for fulfilment. Accepting the order for fulfilment constitutes the Seller’s declaration of acceptance of the Customer’s offer mentioned in §4 Sec. 6 above. Upon the Customer’s receipt of the confirmation, a Contract of Sale is concluded.

            9.         After the Contract of Sale is concluded, the Seller confirms its terms with the Customer by providing the terms to the Customer on a Durable Medium to the Customer’s email address or in a printed form to the mailing address indicated by the Customer during Registration or in the course of placing the order.

§5 Payment

            1.         The prices provided on the Online Store Website, displayed next to the Goods, are gross prices and do not include the cost of Delivery or any other costs which the Customer will be obliged to pay in connection with the Contract of Sale, of which the Customer shall be informed in the course of placing the order, at the point of choosing the Delivery option.

            2.         To pay for the Goods ordered, Customers may choose from the following payment options:

            a)         by bank transfer to the Seller’s bank account (the order will be fulfilled after the Customer receives order confirmation from the Seller and after the Seller’s bank account is credited with the payment);

            b)         by credit or debit card or by bank transfer through PayPal, an external payment system operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (the order will be fulfilled after the Customer receives order confirmation from the Seller and after the Seller receives information from the PayPal system that the Customer’s payment has been completed);

            c)         by bank transfer or by credit or debit card through tpay.com, an external payment system operated by Krajowy Integrator Płatności S.A. with its registered office in Poznań (the order will be fulfilled after the Customer receives order confirmation from the Seller and after the Seller receives information from the tpay.com system that the Customer’s payment has been completed).

            3.         The Customer should make the payment for their order, in the amount arising out of the Contract of Sale, within 7 Working Days for bank transfer, and within 24 hours for quick payments through external payment service providers.

            4.         In the event of non-performance of an obligation by the parties within the specified time arising out of the concluded Contract of Sale, the entitled party may, in the event of default by the other party, withdraw from the Contract without setting an additional period, pursuant to Article 492 of the Civil Code. Withdrawal from the Contract is possible within 12 hours of the day of conclusion of the Contract of Sale. The above entitlement applies in particular if the Customer fails to make the due payment for their order within the specified time as provided above. In such an event, after the expiry of the period provided for payment, the Seller shall send to the Customer, on a Durable Medium, their decision to withdraw from the Contract pursuant to Art. 492 of the Civil Code.

§ 6 Delivery

            1.         The Seller delivers on the territory of Poland.

            2.         The Seller is obliged to deliver the Goods that are in conformity with the Contract of Sale.

            3.         The Seller shall publish information on the number of Working Days required to fulfil and deliver an order on the Online Store Website.

            4.         The order fulfilment and delivery time published on the Online Store Website is provided in Working Days, in line with §5 Sec. 2 of these Terms and Conditions.

            5.         The ordered Goods are delivered to the Customer through the services provided by the Carrier, to the address provided in the order form.

            6.         On the day the Goods are shipped, a shipping confirmation is sent to the Customer’s email address.

            7.         The Customer is obliged to inspect the parcel delivered within the period and in the manner appropriate for the given parcel. Should the parcel be found defective or damaged, the Customer has the right to request that the Carrier’s employee draw up an appropriate report.

            8.         If requested by the Customer, the Seller shall include a receipt or a VAT invoice for the delivered Goods in the parcel.

                        In order to receive a VAT invoice, the Customer must declare that they are making the purchase as an Entrepreneur (VAT registered) when placing the order. This can be declared by checking the appropriate box in the order form before submitting the order with the Seller.

            9.         Should the Customer be absent at the indicated address provided as the Delivery address when placing the order, the Carrier’s employee shall leave a note or attempt to contact the Customer on the phone to determine a time when the Customer will be present. If the ordered Goods are returned to the Online Store by the Carrier, the Seller shall contact the Customer via email or on the phone to set a new Delivery time and cost.

§ 7 Statutory warranty for Entrepreneurs

            1.         The Seller is obliged to deliver Goods free from defects. The Seller is liable towards the Entrepreneur for any defects in the Goods.

            2.         If the Goods are defective, the Entrepreneur can:

            a)         submit a statement requesting reducing the price of the Goods or a statement of withdrawal from the Contract of Sale, unless the Seller replaces the defective Goods or removes the defect immediately and without significant inconvenience for the Entrepreneur.

                        This limitation does not apply if the Goods had previously been replaced or repaired by the Seller or if the Seller had failed to meet their obligation to replace the defective Goods or remove the defect. Instead of removal of the defect offered by the Seller, the Entrepreneur may request replacement of the Goods, or instead of replacement – the removal of defect, unless bringing the Goods into compliance with the Contract in the manner requested by the Entrepreneur is not possible or would require excessive cost as compared to the solution offered by the Seller. When assessing the cost as excessive, the following are taken into account: the value of the Goods free from defects, the type and significance of the defect, and the potential inconvenience to the Entrepreneur resulting from alternative methods of satisfying the claim.

                        An Entrepreneur cannot withdraw from the Contract of Sale if the defect is insignificant.

            b)         request replacement of the defective Goods or removing the defect. The Seller shall be obliged to replace the Goods for ones free from defects or remove the defect within a reasonable period and without significant inconvenience to the Entrepreneur.

                        The Seller may refuse the Entrepreneur’s request if bringing the defective Goods into compliance with the Contract of Sale in the manner requested by the Entrepreneur is not possible or would require excessive cost as compared to the other possible solution. The cost of repair or replacement shall be borne by the Seller.

            3.         The Seller shall be liable under statutory warranty for physical defects found up to two years of delivering the Goods to the Entrepreneur. The period of limitation of claims for removal of defect or replacement of Goods is one year, however this period cannot expire before the end of the period mentioned in the preceding sentence. In this period, the Entrepreneur can withdraw from the Contract of Sale or submit a statement requesting reducing the price of the Goods due to the defect. If the Entrepreneur requests replacement of the Goods or removal of defect, the period for withdrawing from the Contract of Sale or submitting a statement requesting reducing the price of the Goods shall start upon the expiration of the period for replacement of Goods or removal of defect.

            4.         An Entrepreneur who wishes to exercise their rights under statutory warranty is obliged to deliver the defective Goods to the Seller’s address. The cost of delivery shall be borne by the Seller.

            5.         The Entrepreneur should submit any complaints regarding the Goods or the performance of the Contract of Sale in writing to the address of the Seller.

            6.         Within 14 days of the date of complaint, the Seller shall respond to the complaint regarding the Goods or the performance of the Contract of Sale submitted by the Entrepreneur.

§ 8 Nonconformity of Goods with the Contract

Complaints by Consumer and Entrepreneur Acting as a Consumer

            1.         Goods are compliant with the Contract if the following in particular remain compliant with the Contract:

            a)         the Goods’ description, type, amount, quality, completeness and functionality, and for Goods involving digital elements – additionally their compatibility, interoperability and availability of updates;

            b)         the Goods’ fitness for the specific purpose for which the Consumer or Entrepreneur Acting as a Consumer needs the Goods, of which purpose they had informed the Seller at the latest upon the conclusion of the Contract, which was then accepted by the Seller.

            2.         In order to be deemed compliant with the Contract, the Goods must:

            a)         be fit for the purpose such Goods are typically used for, taking into account the applicable law, technical standards and good practices;

            b)         be in such quantity and have such characteristics, including Durability and safety and, for Goods with digital elements, also functionality and compatibility, as are typical of Goods of that type and which the Consumer or Entrepreneur Acting as a Consumer may reasonably expect, taking into account the nature of the Goods and the public assurances made by the Seller, the Seller’s legal predecessors or persons acting on their behalf, in particular in advertising or on labelling, unless the Seller demonstrates that:

            a.         they had not known of the public assurance and could not have reasonably known about it;

            b.         prior to the conclusion of the Contract, the public assurance had been rectified subject to the same conditions and form in which it had been made or in a comparable manner;

            c.         the public assurance had not affected the decision of the Consumer or Entrepreneur Acting as a Consumer to enter into the Contract.

            c)         be delivered with packaging, accessories and instruction manuals which the Consumer or Entrepreneur Acting as a Consumer may reasonably expect;

            d)         be of the same quality as the sample or model made available by the Seller to the Consumer or Entrepreneur Acting as a Consumer prior to the conclusion of the Contract, and comply with the description of such a sample or model.

            3.         The Seller shall not be held liable for nonconformity of the Goods as specified in §8 Sec. 2 if the Consumer or Entrepreneur Acting as a Consumer had been clearly informed, upon the conclusion of the Contract at the latest, that a particular feature of the Goods does not meet the conformity requirements listed in §8 Sec. 2 and had expressly and specifically accepted the lack of a specified feature of the Goods.

            4.         The Seller shall be held liable for nonconformity of the Goods with the Contract resulting from incorrect installation of the Goods, if:

            a)         the installation was performed by the Seller or on their behalf;

            b)         the installation was performed by the Consumer or Entrepreneur Acting as a Consumer incorrectly as a result of errors in the instruction manual provided by the Entrepreneur or a third party.

            5.         The Seller shall be held liable for nonconformity of the Goods existing upon their Delivery and found within two years of delivery, unless the use-by date of the Goods specified by the Seller, their legal predecessors or persons acting on their behalf is longer. It is assumed that nonconformity of the Goods found up to two years of Delivery had been present at the time of Delivery, unless proven otherwise or unless this assumption cannot be reconciled with the specific character of the Goods or the type of nonconformity of the Goods with the Contract.

            6.         The Seller may not cite the expiration of the period for declaring nonconformity of Goods under §8 Sec. 5 above if they had purposely concealed the nonconformity.

            7.         If the Goods are not in conformity with the Contract, the Consumer or Entrepreneur Acting as a Consumer can request that the Goods be repaired on replaced.

            8.         The Seller may replace the Goods instead of repairing them as requested by the Consumer or Entrepreneur Acting as a Consumer, or repair the Goods instead of replacing them as requested by the Consumer or Entrepreneur Acting as a Consumer if bringing the Goods into conformity with the Contract in the manner requested by the Consumer or Entrepreneur Acting as a Consumer is not possible or would require excessive cost for the Seller. If repairing and replacement of the Goods are not possible or would require excessive cost from the Seller, the Seller may refuse to bring the Goods into conformity with the Contract.

            9.         When assessing the cost as excessive for the Seller, the following are taken into account: the significance of the nonconformity of the Goods with the Contract, the value of the Goods which are in conformity with the Contract, and the potential inconvenience to the Consumer or Entrepreneur Acting as a Consumer resulting from alternative methods of bringing the Goods into conformity with the Contract.

            10.       The Seller shall replace or repair the Goods within a reasonable period from being informed by the Consumer or Entrepreneur Acting as a Consumer of the nonconformity and without significant inconvenience to the Consumer or Entrepreneur Acting as a Consumer, taking into account the specific character of the Goods and the purpose for which the Consumer or Entrepreneur Acting as a Consumer has purchased the Goods. The cost of repair or replacement, including in particular the postage, shipping, labour and supplies cost, shall be borne by the Seller.

            11.       The Consumer or Entrepreneur Acting as a Consumer shall make the Goods that are to be repaired or replaced available to the Seller. The Seller shall collect the Goods from the Consumer or Entrepreneur Acting as a Consumer at their own expense.

            12.       If the Goods had been installed before the nonconformity became apparent, the Seller shall disassemble the Goods and reinstall them after repairs or replacement or have this done at the Seller’s expense.

            13.       The Consumer or Entrepreneur Acting as a Consumer is not obliged to pay for the normal use of the Goods which are later replaced.

            14.       If the Goods are not in conformity with the Contract, the Consumer or Entrepreneur Acting as a Consumer can submit a statement requesting reducing the price of the Goods or a statement of withdrawal from the Contract in the event that:

            a)         the Seller refuses to bring the Goods into conformity with the Contract as per §8 Sec. 8 above;

            b)         the Seller fails to bring the Goods into conformity with the Contract as per §8 Sec. 10 to 12 above;

            c)         the nonconformity of the Goods persists in spite of the Seller’s efforts to bring the Goods into conformity with the Contract;

            d)         the nonconformity of the Goods is significant enough to justify reducing the price of the Goods or withdrawing from the Contract without applying the remedies specified in §8 Sec. 7 to §8 Sec. 12 above;

            e)         The Seller’s statement or the circumstances clearly indicate that the Seller will not bring the Goods into conformity with the Contract within a reasonable period or without significant inconvenience to the Consumer or Entrepreneur Acting as a Consumer.

            15.       The Seller is obliged to respond to Consumers’ complaints within 14 days of receipt.

            16.       The Seller shall refund to the Consumer or Entrepreneur Acting as a Consumer any amounts due as a result of the Customer exercising their right to reducing the price of Goods without undue delay, not later than within 14 days of receiving a statement requesting reducing the price of the Goods from the Consumer or Entrepreneur Acting as a Consumer.

            17.       The Consumer or Entrepreneur Acting as a Consumer may not withdraw from the Contract if the nonconformity of the Goods with the Contract is not significant. It is assumed that the nonconformity is significant.

            18.       If the nonconformity only concerns some of the Goods delivered under a Contract, the Consumer or Entrepreneur Acting as a Consumer can only withdraw from the Contract with respect to such Goods, and additionally other Goods purchased by the Consumer or Entrepreneur Acting as a Consumer together with the nonconforming Goods, if the Consumer or Entrepreneur Acting as a Consumer cannot be reasonably expected to agree to only keep the Goods that conform with the Contract.

            19.       If the Consumer or Entrepreneur Acting as a Consumer withdraws from the Contract, they shall return the Goods to the Seller at their expense without undue delay. The Seller shall refund the Consumer or Entrepreneur Acting as a Consumer for the returned Goods without undue delay, not later than within 14 days of receiving the Goods or proof of their return.

            20.       The Seller shall refund the money using the same payment method as selected by the Consumer or Entrepreneur Acting as a Consumer, unless the Consumer or Entrepreneur Acting as a Consumer expressly consents to a different refund method which will not result in additional costs for them.

            21.       The Seller does not use out-of-court dispute resolution mentioned in the Act of 23 September 2016 on Out-of-court Resolution of Consumer Disputes.

§ 9 Warranty

            1.         Goods sold by the Seller may be covered by their manufacturer’s or distributor’s warranty.

            2.         For Goods covered by warranty, information on the warranty and its terms is in each instance provided on the Online Store Website.

§ 10 Withdrawal from Contract of Sale

            1.         Customers who are Consumers and Entrepreneurs Acting as Consumers who enter into a Contract of Sale can withdraw from the Contract within 14 days without providing justification.

            2.         The period for withdrawal from the Contract of Sale starts when the Goods are acquired into possession by the Consumer, Entrepreneur Acting as a Consumer or a third party designated by them other than the carrier.

                        The Consumer or Entrepreneur Acting as a Consumer can withdraw from the Contract of Sale by submitting a statement of withdrawal with the Seller. The statement can be sent for instance in by mail to the Seller’s address: HART ZBIGNIEW ZAREMBA, ul. Adama Asnyka 34 (51-143), Wrocław, or to the Seller’s e-mail address: info@modecostone.eu. The statement can be made using the form made available by the Seller on the Online Store Website at the address: Withdrawal form. In order to observe the time limit, it is sufficient that the statement is sent before the lapse of the 14-day period.

                        The Consumer or Entrepreneur Acting as a Consumer can withdraw from the Contract of Sale by submitting a statement of withdrawal with the Seller through the form made available by the Seller on the Online Store Website at the address: Online withdrawal form. In order to observe the time limit, it is sufficient that the statement is sent before the lapse of the 14-day period. The Seller shall immediately provide the Consumer or Entrepreneur Acting as a Consumer with a confirmation of receiving the form submitted online.

            3.         In the event of withdrawal from the Contract of Sale, the Contract is deemed null and void.

            4.         If the Consumer or Entrepreneur Acting as a Consumer submitted their statement of withdrawal from the Contract of Sale before the Seller accepted their offer, the offer is no longer binding.

            5.         The Seller is obliged to refund the Consumer or Entrepreneur Acting as a Consumer for all payments made by them, including the costs of the delivery of the Goods to the Consumer or Entrepreneur Acting as a Consumer immediately, but no later than after 14 days of receiving from them a written statement of withdrawal. The Seller may refrain from issuing the refund of the payments to the Consumer or Entrepreneur Acting as a Consumer until the Goods are returned or the Consumer or Entrepreneur Acting as a Consumer presents proof of having sent back the Goods, whichever occurs first.

            6.         If the Consumer or Entrepreneur Acting as a Consumer who wishes to withdraw from the Contract had selected a Delivery method other than the cheapest standard Delivery method offered by the Seller, the Seller shall not be obliged to refund the Consumer or Entrepreneur Acting as a Consumer the additional cost incurred by them.

            7.         The Consumer or Entrepreneur Acting as a Consumer is obliged to return the Goods to the Seller immediately, no later than within 14 days of the date of withdrawal from the Contract of Sale. In order to observe the time limit, it is sufficient that the Goods are sent before the lapse of the 14-day period.

            8.         In the event of withdrawal from the Contract of Sale, the Customer who is a Consumer or Entrepreneur Acting as a Consumer shall only bear the direct cost of the return.

            9.         If, due to the specific nature of the Goods, they cannot be returned by standard mail, the Seller shall inform the Consumer or Entrepreneur Acting as a Consumer of the cost of returning the Goods on the Online Store Website.

            10.       The Consumer or Entrepreneur Acting as a Consumer shall be held liable for the reduction in value of the Goods resulting from their handling in a way exceeding the scope necessary to determine the nature, features and function of the Goods.

            11.       The Seller shall refund the payment using the same payment method as selected by the Consumer or Entrepreneur Acting as a Consumer, unless the Consumer or Entrepreneur Acting as a Consumer expressly consents to a different refund method which will not result in additional costs for them.

            12.       The Consumer or Entrepreneur Acting as a Consumer does not have the right to withdraw from the Contract of Sale with respect to contracts where the Goods are not pre-made, are produced according to custom specifications requested by the Consumer or Entrepreneur Acting as a Consumer, or are intended to satisfy their individual requirements.

§ 11 Services Provided Free of Charge

            1.         The Seller provides the following services free of charge to Customers:

            a)         The contact form;

            b)         Administering the Customer’s Customer Account;

            c)         Reviews submission.

            2.         The services listed in §11 Sec. 1 above are provided on a 24/7 basis.

            3.         The Seller reserves the right to select and to modify the type, form, availability or means of providing the above listed services, which the Seller shall communicate to Customers in the manner appropriate for changes to Terms and Conditions.

            4.         The contact form service consists in enabling the use of the form available on the Online Store Website to send a message to the Seller.

            5.         The free of charge contact form service can be cancelled at any time, which can be done by ceasing to send messages to the Seller.

            6.         The service of administering the Customer’s Customer Account is available after completing the Registration process as described in these Terms and Conditions, and consists in providing the Customer with access to their personal Customer panel on the Online Store Website, where the Customer can modify their personal details provided during Registration, track their orders and view their order history.

            7.         A registered Customer may submit with the Seller a request to delete their Customer Account. In such an event, the Customer Account shall be deleted by the Seller within 14 days of submitting the request.

            8.         The reviews submission service consists in the Seller enabling the Customers who have a Customer Account to publish their subjective opinions concerning particular Goods on the Online Store Website.

            9.         The reviews submission service can be cancelled at any time, which can be done by the Customer by ceasing to post content on the Online Store Website.

            10.       The Seller is entitled to block the access to the Customer’s Account and the free services if the Customer acts to the detriment of the Seller, including advertising the business of another entrepreneur or another product; posting content not related to the Seller’s business activity; posting false or misleading content; as well if the Customer acts to the detriment of other Customers, if the Customer breaches the law or the provisions of these Terms and Conditions, and when blocking access to the Customer’s Account and the free services is justified for security reasons, in particular: breaching the security systems of the Online Store Website by the Customer or other forms of hacking activities. The Customer’s Account and free services blocked for the aforementioned reasons shall remain blocked for the period necessary to resolve the issue which caused the block. The Seller shall inform the Customer of their access to their Customer Account and to free services having been blocked via email to the email address provided by the Customer during Registration.

            11.       Customers can submit with the Seller complaints with regard to the free services provided electronically by the Seller. Complaints may be submitted via email to the address info@modecostone.eu or through the Customer’s Customer Account as instructed on the Online Store Website. In their complaint, Customers should include a description of the problem. The Seller shall process the complaint and respond to the Customer not later than within 14 days of receiving the complaint.

§ 12 Liability of the Customer for the Published Content

            1.         By submitting and publishing content, Customers perform voluntary distribution of content. Such published content is not an expression of the Seller’s opinion and must not be identified with their business activity. The Seller is not the provider of such content, but only ensures the ICT resources for its publication.

            2.         The Customer declares that:

            a)         they are authorised to use the copyrights, industrial property rights and/or related rights to the works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that comprise the content;

            b)         the submission and publication of personal data, images and information concerning third parties through the services mentioned in §11 of these Terms and Conditions was legal, voluntary and with the consent of the persons they concern;

            c)         they consent to the viewing of the published content by other Customers and the Seller, and they authorise the Seller to use such content free of charge in line with the provisions hereof;

            d)         they consent to the compilation of works in the meaning of the Act on Copyrights and Related Rights.

            3.         The Customer is not authorised to:

            a)         publish through the services mentioned in §11 of these Terms and Conditions personal data of third parties or to disseminate the likeness of third parties without the legally required permission or consent of such third parties;

            b)         publish through the services mentioned in §11 of these Terms and Conditions any marketing or promotional content.

            4.         The Seller shall be held liable for content published by Customers, provided that the Seller receives a report in line with §13 of these Terms and Conditions.

            5.         Customers are prohibited from publishing through the services mentioned in §11 of these Terms and Conditions any content which might, in particular:

            a)         be published in bad faith, for instance with the intention of infringing on personal rights of third parties;

            b)         infringe on any rights of third parties, including those relating to the protection of copyright and related rights, the protection of industrial property rights, company secrets or those relating to confidentiality obligations;

            c)         be offensive or contain a threat issued towards others, contain offensive language (e.g. vulgar vocabulary, terms commonly considered as offensive);

            d)         be contrary to the interests of the Seller, i.e. content advertising another business or product, content unrelated to the Seller’s business, content that is false or misleading;

            e)         in other ways breach the provisions of these Terms and Conditions, common decency, the applicable law, social or moral standards.

            6.         In the event of receiving a report as provided for in §13 of these Terms and Conditions, the Seller reserves the right to modify or delete the content published by Customers through the services mentioned in §11 hereof, in particular with respect to content which, based on information from third parties or competent authorities, is found to be in breach of these Terms and Conditions or the applicable law. The Seller does not conduct ongoing verification of the content published.

            7.         The Customer consents to the Seller’s use of the content published by the Customer on the Online Store Website free of charge.

§ 13 Reporting Potential Rights Violations

            1.         If a Customer or any other person or entity finds that the content published on the Online Store Website violates their rights, personal rights, common decency, the principles of fair competition, offends their feelings, morality, beliefs, constitutes a disclosure of their know-how, or legally or contractually protected secrets, they can report the potential violation to the Seller.

            2.         Upon receiving a report of potential violation, the Seller shall immediately undertake actions aiming at removing the content that is the source of violation from the Online Store Website.

§ 14 Personal Data Protection

            1.         The terms of personal data protection are described in the Privacy Policy.

§ 15 Termination of Contract (Not Applicable to Contracts of Sale)

            1.         Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without justification, however any rights the other party acquired prior to termination as well as the below provisions shall remain unaffected.

            2.         A registered Customer can terminate the contract for the provision of electronic services by sending to the Seller a declaration of intent using any means of remote communication that enables the Seller to read the Customer’s declaration.

            3.         The Seller may terminate the contract for the provision of electronic services by sending to the Customer a declaration of intent to the email address provided by the Customer during Registration.

§ 16 Final Provisions

            1.         The Seller shall be held liable for failure to perform or undue performance of the contract, with the reservation that for contracts concluded with Customers who are Entrepreneurs, the Seller shall only be held liable for deliberately inflicted damage and only to the amount of the actual loss suffered by the Customer who is an Entrepreneur.

            2.         The contents of these Terms and Conditions can be saved and recorded by printing, saving on a carrier or downloading from the Online Store Website at any time.

            3.         In the event of a dispute arising out of a Contract of Sale, the parties shall seek amicable resolution. The governing law for the resolution of any and all disputes arising out of these Terms and Conditions shall be the Polish law.

            4.         The Seller hereby informs Customers who are Consumers about the possibility of applying out-of-court complaint and claim procedures. The rules for using these procedures are available in the offices and on the websites of entities entitled to conduct out-of-court dispute resolution. Such entities include in particular consumer ombudsmen and Voivodship Inspectorates of the Trade Inspection Authority (Wojewódzki Inspektorat Inspekcji Handlowej), a list of which is available on the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów) website.

The Seller hereby informs that at the address: http://ec.europa.eu/consumers/odr/ the Online Dispute Resolution (ODR) platform is available enabling the resolution of disputes between consumers and entrepreneurs on the EU level.

            5.         The Seller reserves the right amended these Terms and Conditions. All orders accepted for fulfilment by the Seller before the date of new Terms and Conditions entering into force shall be fulfilled in line with the Terms and Conditions in force on the date such orders were placed by Customers. The changed Terms and Conditions shall enter into force 7 days after their publication on the Online Store Website. The Seller shall inform Customers of the changes to the Terms and Conditions 7 days prior to them entering into force by email, with the link to the changed Terms and Conditions included in the message. If a Customer does not accept the new provisions of the Terms and Conditions, they shall be obliged to inform the Seller on their decision, which shall result in the termination of the contract in line with the provisions of §15 hereof.

            6.         Contracts with the Seller are concluded in Polish.

            7.         These Terms and Conditions shall enter into force on 13th September 2023.