FURNIBAY ONLINE STORE PURCHASE RULES
DEFINITIONS
1.1. Terms and Conditions of Purchase and Sale (hereinafter - the Rules) - these distance purchase and sale agreements, which determine the rights and obligations of the Buyer and the Seller, the conditions of purchase and payment for goods, delivery and return procedures, liability of the parties and other Provisions related to sales in the www.modalto.pl online store.
1.2. Online Store - an electronic store located on the website www.modalto.pl, where the Buyer, having registered and not registered in the Online Store system, can purchase the goods offered by the Seller.
1.3. Seller - www.modalto.pl, MODALTO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, legal entity code 000424010, address ul. Długa 2/7, 64-300 Nowy Tomyśl, Polska, a company registered and operating in accordance with the laws of the Republic of Poland.
1.4. Buyer - a person who complies with these Purchase and Sale Rules 2.4. requirements and after purchasing the goods in the Online Store.
1.5. Purchase and Sale Agreement - a purchase and sale agreement concluded between the Buyer and the Seller, which consists of an application for ordering goods, which the Buyer submits to the Seller through the Online Store, and the Rules of Purchase and Sale.
GENERAL CONDITIONS
2.1. Under the Purchase and Sale Agreement, the Seller undertakes to sell and deliver the goods to the Buyer, and the Buyer undertakes to accept the goods and pay the specified amount of money for it and to reimburse the delivery costs under the conditions provided for in the Rules.
2.2. The Buyer confirms the Rules after reading them and ticking the box, I have read and agree to the e-mail. Store Rules and Privacy Policy ”. The Rules approved in this way are a legal document binding on the Buyer and the Seller MODALTO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ(hereinafter - the Parties), establishing the rights and obligations of the Parties, the conditions of purchase and payment of goods, delivery and return procedures, liability of the Parties and other provisions sale in the www.modalto.pl online store.
2.3. The Seller reserves the right to change, amend and / or supplement the Rules at any time in accordance with the requirements provided by the legal acts of the Republic of Poland.
2.4. Buyers who are registered and not registered in the Online Store system have the right to purchase in the online store www.modalto.pl, who are:
2.4.1. Active adult natural persons, i. persons whose capacity has not been restricted by a court;
2.4.2. Legal entities;
2.4.3. Authorized representative of all the above persons.
2.5. By approving the Rules, the Buyer confirms that he has the right to purchase goods in the online store www.modalto.pl.
2.6. Trading activities in the Online Store are carried out in the Republic of Poland.
BUYER RIGHTS
3.1. The Buyer purchases goods in the Online Store in accordance with these Rules and the legal acts of the Republic of Poland.
3.2. The Buyer has the right to withdraw from the purchase and sale agreement concluded with the Online Store by notifying the Seller in writing (e-mail info@modalto.pl, indicating the product to be returned and its order number) no later than within 14 days. from the date of delivery of the goods.
3.3. The right of the buyer to withdraw from the contract of sale of goods is established in accordance with Article 10 of the Civil Code of the Republic of Poland 6.228 “The right of consumers to withdraw from a distance contract and a contract concluded away from trade premises”.
3.4. The buyer may exercise the right to withdraw from the purchase / sale contract only if the following conditions have been met:
The returned product must be in the original neat packaging (only the strips for closing the package can be cut for inspection of the product);
The product was not assembled or attempted to be assembled and remained in the original neat packaging. Quality assembled or attempted furniture cannot be returned;
The product must be undamaged by the Buyer (not affected by chemicals, water);
The product must not have lost its commercial appearance (undamaged label, peel-off protective film, etc.) (this item does not apply in the event of the return of a defective product);
The returned goods must be in the same configuration as received by the Buyer;
In the event that the reason for returning the product is of poor quality, we undertake to replace the product of the wrong quality with a product of suitable quality at our own expense or to return the money paid for the product upon returning the product to the Seller;
Return of goods of appropriate quality shall be carried out in accordance with the procedure provided for in Articles 6.228 10 and 6.228 11 of the Civil Code of the Republic of Poland.
The Buyer returns the goods of the right quality at his own expense.
When returning a quality product, the buyer must provide a document of purchase of the product.
The Seller undertakes to return the amount paid for the returned quality goods within 14 days, unless otherwise agreed.
3.5. The Buyer is not entitled to exercise the right to withdraw from the Agreement and return the goods that have been ordered and / or purchased in accordance with Clause 3.2 of these Rules. mentioned or manufactured according to the individual order of the Buyer, special instructions of the Buyer or are obviously adapted to the individual needs of the Buyer and which are not pre-manufactured and in other cases provided by the laws of the Republic of Poland.
OBLIGATIONS OF THE BUYER
4.1. The Buyer, having placed an order in the Online Store, must pay for the goods and accept them in accordance with the procedure established by these Rules.
4.2. The buyer undertakes not to pass on his login details to third parties. If the Buyer loses the login data, he must inform the Seller about it no later than within 1 (one) day.
4.3. The Buyer must immediately update his registration data and / or the data changed in the Buyer's account information form.
4.4. Upon acceptance of the goods, the Buyer must carefully inspect and inspect them, as well as immediately inform the Seller (e-mail info@modalto.pl or by phone specified on the Website) about the damage of the consignment, clearly visible product defects, product model, non-compliance with the Buyer's order.
4.5. Upon receipt of the product, the Buyer must check whether the purchased product is of good quality and inform the Seller by e-mail. by e-mail info@modalto.pl or by phone, indicated on the Website, about any defects in the quality of the product that could not be noticed during the delivery of the product. Upon delivery of the goods by the courier, the Buyer must inspect them at the courier to ensure that the goods have been delivered undamaged / unbroken. If the goods are delivered damaged, the courier must mark the defect and / or draw up a report.
4.6. The buyer must pay the cost of returning the quality product. When the product is returned due to lack of quality, the cost of returning the product is borne by the Seller.
RIGHTS OF THE SELLER
5.1. The seller has the right to set the minimum size of the shopping cart at its own discretion, i. y. the minimum amount at which the Buyer's order will be processed. The amount of this amount is available in the Online Store.
5.2. The Seller has the right to temporarily or permanently terminate the operation of the Online Store without prior notice to the Buyer, change the Online Store or its separate parts, all and any of its contents, restrict purchases therein, change the Internet address of the Online Store, limit the number of registered Buyers . The Seller shall inform about the temporary or permanent suspension of the Online Store by a notice on the Online Store page and (or) by notices in the Buyer's registration accounts. If the Company suspends or terminates the operation of the e-shop, those Sellers who have already placed orders but have not yet received them will be notified by the Seller by notifications in the Buyers' registration accounts, or by a separate notice to each other, informing about the further execution of the placed orders.
5.3. The Seller has the right to change, supplement and amend the Purchase Sale Rules at any time, taking into account the requirements established by the legal acts of the Republic of Poland. Buyers will be notified of the changes by logging in to the account after the new version of the Rules enters into force.
OBLIGATIONS OF THE SELLER
6.1. The Seller undertakes to make available to the Buyer the services provided by the Online Store (register in the Online Store system, create a shopping cart in the Online Store, place an order, pay for the order, send the order).
6.2. The Seller undertakes to deliver the goods ordered by the Buyer to the address specified by the Buyer under the conditions specified in the Rules.
6.3. The Seller, unable to provide the Buyer with the ordered goods, undertakes to offer the Buyer a similar or as similar a product as possible. If the Buyer refuses to accept an analogous or similar product, the Seller undertakes to return the money paid by the Buyer for the goods within 14 (fourteen) days, if the Buyer has made a prepayment for the goods.
PURCHASER REGISTRATION AND CONCLUSION OF PURCHASE-SALE AGREEMENT
7.1. The Buyer may purchase goods in the Online Store by registering in the Online Store System at the Internet address www.modalto.pl, or by not registering in the Online Store System in accordance with the Rules provided in the Online Store.
7.2. The Buyer can view a more detailed description of the specific product and its purchase conditions by clicking on the product name and (or) image. The quantity of some goods is limited, the Buyer is informed about it in the description of the goods. Therefore, in the presence of such information, the Seller requests to contact the Seller before ordering the product. In the event that the Buyer does not contact the Seller for more accurate information and orders the goods and the Seller does not have them or the balance of the goods is insufficient, the situation shall be resolved as provided in Article 6.3 of the Purchase and Sale Rules. points.
7.3. In order to purchase the goods, the Buyer places an order I in the online store, according to the instructions in the order window. The registered Buyer can perform the selection and / or ordering procedure by logging in to his / her account in the Online Store.
7.4. The Purchase-Sale Agreement between the Buyer and the Seller shall be deemed concluded from the moment of confirmation of the Order, i. when all of the following conditions are met: (i) Buyer forms a cart following the instructions provided by Seller, (ii) Buyer provides delivery information, (iii) Buyer makes an advance payment and Seller receives such payment, (iv) Seller confirms by notice that Buyer's order accepted.
7.5. The contract is considered concluded only for the goods specified in the Buyer's order, the sale of which has been approved by the Seller. The Purchase and Sale Agreement shall be deemed fulfilled when the goods are transferred to the Buyer in accordance with the procedure established by the Purchase and Sale Rules and the legal acts of the Republic of Poland.
7.6. The delivery time of the goods is different and is indicated on the Website next to the description of each goods. The delivery term of the goods starts from the day of payment for the goods by the Buyer.
7.7. Each Purchase and Sale Agreement concluded between the Buyer and the Seller is registered and stored in the Online Store database. The buyer has the opportunity to view the purchase history by logging in to the Online Store system.
PRICES OF GOODS, PAYMENT PROCEDURES AND TERMS
8.1. The goods sold in the online store are indicated together with their selling price. The prices of the goods in the online store and in the formed order are indicated in euros with value added tax (VAT). Delivery costs are indicated for each Product separately. Delivery costs are paid by the Buyer.
8.2. In case the Seller is unable to deliver the ordered product to the Buyer due to important circumstances, the Seller may offer the Buyer a similar product, informing about it by one of the contact details provided by the Buyer (by phone, sms or e-mail). If the Buyer does not agree that the Seller's product is replaced by another similar product, the Seller undertakes to return the money paid by the Buyer within 14 (fourteen) days, if a prepayment has been made.
8.3. The buyer can make payment for the goods in one of the following ways:
8.3.1. using a bank transfer is a prepayment made using an electronic banking system. When paying for the goods in this way, the buyer must indicate the six-digit order number in the payment destination field. The Buyer transfers the money to the bank account specified by the Seller. The responsibility for the security of money transfers and data in this case lies with the respective bank, as all monetary transactions take place in the bank's electronic banking system;
8.4. If the Buyer chooses the payment method provided for in Clause 8.3.1 of the Purchase and Sale Rules, the Buyer undertakes to make an advance payment for the goods. Payment is considered received from the day the money is credited to the Seller's account.
CONCLUSION OF THE LEASING AGREEMENT
9.1. The buyer can pay for the goods 8.3.2. only after concluding a leasing agreement in the manner specified in paragraph.
9.2. The Leasing Agreement with the Seller may be concluded only by the Buyers who are:
9.2.1. active natural persons aged 21 to 73;
9.2.2. Citizens of the Republic of Poland;
9.2.3. has a constant net monthly income of not less than EUR 200 (two hundred).
9.3. The Buyer and the Seller may enter into a leasing agreement in the amount of EUR 50 (fifty) to EUR 15,000 (fifteen thousand). The concluded agreement may provide for the Buyer's obligation to pay an advance.
9.4. The Buyer and the Seller may enter into a leasing agreement with a repayment term of 6 (six) - 60 (sixty) months.
9.5. In order to conclude a leasing agreement, the Buyer must submit the following documents to the Seller:
9.5.1. an identity document (identity card, passport);
9.5.2. an official certificate if the person is a statutory civil servant;
9.5.3. a pensioner's certificate if the person is a pensioner receiving a state pension for officers, soldiers or judges.
9.6. After confirming the Buyer's order, the Seller shall contact the Buyer by telephone and agree on the specific terms of the leasing agreement.
9.7. The buyer, who has concluded a leasing agreement, has the right to pay earlier than stipulated in the agreement. There are no additional fees for exercising this right.
SALE AND GIFT COUPONS APPLIED BY THE SELLER
10.1. The seller has the right to organize and carry out various actions at its own discretion, such as price reductions, set-ups, etc.
10.2. The seller has the right to unilaterally and without prior notice change the duration, conditions or cancel the shares. Any change or cancellation of the terms and conditions of the shares is valid only from the moment of their performance and does not apply to the Purchase and Sale Agreements concluded prior to their performance. Information about ongoing promotions is available on the Online Store website and may also be available on other Online Stores store information channels.
10.3. The Seller has the right to sell gift vouchers for which the Buyer may purchase the goods sold by the Seller. Discounts do not apply to purchased vouchers. Gift vouchers are not exchangeable for cash.
10.4. When the Buyer pays for the purchased goods, the value of which is less than the value of the gift voucher, with the gift voucher, the price difference is not refunded to the Buyer. When the Buyer pays for the purchased goods, the value of which exceeds the value of the gift voucher, by the gift voucher, he must pay the Seller the difference in prices.
10.5. Discounts do not apply to goods sold out. The seller has the right to unilaterally determine other types of goods to which discounts do not apply.
10.6. The Buyer may use only one discount code and / or available gift vouchers per purchase.
DELIVERY OF GOODS
11.1. When ordering goods, the buyer must indicate in the order application:
11.1.1. the place and time of delivery of the goods, when the Buyer wishes the goods to be delivered via the courier service;
11.1.2. the selected branch or terminal of the postal service provider to which the goods will be delivered at the request of the Buyer. When sending goods in this way, it is necessary to comply with the requirements specified by the self-service terminals of these consignments (for example, the maximum weight or dimensions);
11.1.3. request to pick up the goods at the seller's furniture salon MODALTO.
11.2. The buyer undertakes to accept the goods in person. In the event that he cannot personally accept the goods and the goods have been delivered to the address specified by the Buyer and based on other data provided by the Buyer, the Buyer shall not be entitled to make claims to the Seller regarding delivery to the wrong entity or other delivery discrepancies.
11.3. If necessary, i. y. in order to ensure the timely delivery of the goods to the Buyer, the Seller may oblige its business partner to deliver the goods directly to the Buyer.
11.4. The delivery term for each Product is different and specified in the Product Description. The Seller undertakes to deliver the goods to the Buyer in accordance with the terms specified in the descriptions of the goods. In case of unforeseen circumstances beyond the control of the Seller, when the term of delivery of the goods is delayed, the Seller undertakes to immediately contact the Buyer and agree on the term of delivery of the goods and other issues related to delivery. In the event of a delay in the delivery of the Goods, the Buyer shall have the right to submit a claim for the delivery of the goods within an additional reasonable time, taking into account the circumstances. If the Seller does not deliver the goods within the additional term set by the Buyer, the Buyer has the right to terminate the contract unilaterally. If the Seller refuses to deliver the goods or if the delivery within the term specified in the contract is essential, taking into account all the circumstances related to the conclusion of the contract, or if the Buyer informed the Seller before the conclusion of the contract within the term specified in the contract, the Buyer has the right to terminate the contract unilaterally immediately.
11.5. In all cases, the Seller shall be released from liability for violation of the terms of delivery of the goods, if the goods are not delivered to the Buyer or are not delivered on time due to the fault of the Buyer or due to force majeure circumstances.
11.6. During the delivery of the goods, the goods are handed over to the Buyer when the Buyer signs the courier in the electronic shipment marking device, the fact of acceptance is recorded in the courier, Lithuanian database.
11.7. During the delivery of the consignment, the Buyer must check the condition of the consignment. If the Buyer signs the invoice (bill of lading) or other document certifying the delivery of the consignment, it is considered that the consignment has been delivered in a proper condition. If the Buyer notices that the packaging of the delivered consignment is damaged (crumpled, wet or otherwise externally damaged), the Buyer must mark it on the invoice (bill of lading) or other document certifying the delivery of the consignment or on the electronic courier scanner and in the presence of the courier or his representative. Form Shipment Violation Act. Please note that after signing without remarks, the delivered shipment is considered to be free of defects and no claims regarding courier services are accepted. If the delivered product is in the wrong configuration, quantity or range, please inform us (at the latest within 24 hours from the moment of receipt) by e-mail. E-mail info@furnibay.lt about defects in the quality of the product that could not be noticed during the delivery of the product.
11.8. Delivery (transportation) service fees and delivery conditions are available at www.modalto.pl. The Seller has the right to apply special discounts for the delivery (transportation) service fee to the Buyers who comply with the conditions set in the Seller's Online Store.
11.9. Additional services may be provided to the Buyer during the delivery (transportation) of the goods. Goods handling work is carried out on the delivery of goods. Prices for stevedoring and heavy goods delivery services are available at www.modalto.pl when forming an order.
11.10. The goods are delivered both in the territory of the Republic of Poland and in the countries of the European Union.
GOODS QUALITY GUARANTEE AND EXPIRY DATE
12.1. The characteristics of each product sold in the Online Store are indicated in the product description provided on the website www.modalto.pl.
12.2. The Seller is not responsible for the fact that the size, shape and color of the goods sold on the Website may not correspond to the actual size, shape and color of the goods due to the characteristics of the monitor used by the Buyer, beyond the Seller's will. The photos of the goods are for illustrative purposes only and are illustrative. The colors, inscriptions, parameters, dimensions, sizes, functions, and / or any other properties of the original products may look different from reality due to their visual characteristics, so please refer to the product characteristics specified in the product descriptions. The buyer is advised to read the product description.
12.3. The seller or manufacturer may provide an additional guarantee of product quality. The specific term and other conditions shall be specified in the description of the goods or in the document confirming such warranty of the goods. The provision of an additional warranty does not change the terms and validity of the statutory warranty for the goods.
12.4. In the event that the Seller or the manufacturer does not provide additional product quality guarantees for the goods, the quality guarantee for such goods and its terms of validity established by legal acts shall apply to the goods purchased by the Buyer.
12.5. The warranty period for a specific product is specified in the product descriptions.
12.6. In cases where the legislation sets an expiration date for specific goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer has a real opportunity to use such goods before the expiration date.
12.7. Goods not taken back from the warranty service center and / or the Seller and handed over for warranty service are stored for 3 (three) months. This term starts from the first notification to the Buyer by the contacts indicated by him (by phone, e-mail address, etc.) that the Buyer may pick up the product from the warranty service center or the Seller's day, regardless of how many times during this 3 (three) months period, the Seller and / or the warranty service center tried to contact the Buyer. At the end of this period, the Seller will send him an e-mail. at the e-mail address (if the e-mail address is not known - by phone) warns the Buyer about his obligation to return the Goods and sets an additional term of no more than 14 (fourteen) days for the withdrawal of the Goods. If the Buyer does not take back the goods within the prescribed additional term, the seller has the right to no longer store the goods. The product is handed over to a company that collects used electrical and electronic equipment and household appliances or other items. In this case, the Seller is not responsible for the remaining information of the Buyer in the non-returned goods and other losses of the Buyer incurred due to such destruction of the goods.
RETURN AND EXCHANGE OF GOODS
13.1. Defects in the sold goods are eliminated, low-quality goods are replaced and returned in accordance with the cases and conditions provided for in the Civil Code of the Republic of Poland.
13.2. Replacement and return of goods of poor quality
13.2.1. Defects in the goods sold shall be eliminated, low-quality goods shall be replaced and returned in accordance with the procedure established in the Rules and taking into account the requirements of the legal acts of the Republic of Poland.
13.2.2. If the Buyer has purchased goods of poor quality or the poor quality of the goods results in a manufacturing defect that existed at the time of purchase of the goods or non-compliance with the specifications specified by the manufacturer, the Buyer may return the goods and claim one of the following:
13.2.2.1. that the Seller eliminates the defects of the goods free of charge within a reasonable time, if the defects can be eliminated;
13.2.2.2. to reduce the purchase price accordingly;
13.2.2.3. that the product is replaced by an analogous product of suitable quality, except in cases when the defects are minor or they are caused by the fault of the Buyer;
13.2.2.4. to return the price paid for the goods and to withdraw from the sales contract when the sale of goods of poor quality is a material breach of the order.
13.2.3. The Buyer may choose only one of the Rules 13.2.2. the remedies provided for in paragraph 1. The Buyer must make his choice when returning the goods to the Seller. If the Buyer chooses 13.2.2. the method provided for in paragraph 13.2.2., the Seller does not have the opportunity to implement it, the Seller offers alternatives 13.2.2. the method provided for in The buyer has no right to change the chosen remedy. The buyer has no right to demand a refund if the defect in the goods is insignificant.
13.2.4. In order for the buyer to return the goods, the following conditions must be met:
13.2.4.1. prane notify the Seller via the invoice or the e-mail of the Website. email info@modalto.pl. The notification must indicate the returned goods;
13.2.4.2. to submit a document for the acquisition of goods, a document confirming the guarantee (if it has been issued);
13.2.4.3. submit a free-form request to the Seller by e-mail. email info@modalto.pl and set out your chosen requirement.
13.2.4.4. The Buyer may exercise the right to return goods of unsuitable quality within the term of its quality guarantee specified in the document of purchase of goods, which is specified by the Seller from whom the Buyer purchased the goods.
13.2.4.5. The Buyer must pay for the delivery costs and the return costs, and the Seller, convinced that the goods have been returned due to poor quality, must return the delivery and return costs incurred by the Buyer, except for the exceptions provided for in the Rules. When returning the goods, 13.4. point.
13.2.4.6. The money is returned to the Buyer within 14 (fourteen) calendar days from the date of returning the Product to the Seller. By approving these Rules, the Buyer agrees that the money will be returned to the Buyer's bank account, unless otherwise agreed between the Buyer and the Seller.
13.2.4.7. When returning defective and / or defective goods to the Buyer, please return the goods in the original or other tidy packaging so that it is convenient to accept, as well as return the goods with all complete parts received by the Buyer.
13.2.4.8. Non-refundable goods that have been intentionally or negligently damaged (exposed to chemicals, water, open flames, high temperatures, sharp objects, etc.), or if the rules for the use or storage of the goods have been violated or the goods have been misused or misused .
13.2.4.9. Separate rules for the return of goods of poor quality by the Seller may be provided in the warranty documents provided with them. Such return rules applied by the Seller shall apply to the extent that they do not contradict these Rules. In the event of any inconsistency between these Rules and the applicable rules of the relevant Seller, these Rules shall prevail.
13.3. Replacement and return of goods upon delivery of other goods
13.3.1. If the wrong goods have been delivered to the Buyer, the Buyer must immediately, but not later than within 7 (seven) working days, inform about it by e-mail. by e-mail info@modalto.pl or by calling the telephone number indicated on the Website. Upon receipt of information about the delivered non-delivered goods, the Seller undertakes to pick up such goods at his own expense and replace them with suitable goods. In case the Seller does not have the ordered goods, he returns the money paid for the goods to the Buyer. The money shall be returned to the Buyer within 14 (fourteen) calendar days after the Seller has received the Buyer's notice of withdrawal from the contract, and if the Product is not returned to the Seller, the term provided for in this clause shall be calculated from the day of return.
13.3.2. The procedure for returning goods and money is provided for in Article 13.4. points.
13.4. Procedure for return of goods and money
13.4.1. The Buyer may exercise the right to return the goods only if the time limit for returning the goods has not expired.
13.4.2. When returning the goods, the Buyer must indicate the address of the sender and pack the goods properly so that they are not damaged during shipment. The seller has the right not to refund the money for returned goods with defects. The Seller shall not be liable for parcels sent by the Buyer in an improperly packaged manner with an incorrect address, or if the parcels were lost or damaged at the time of return to the Seller.
13.4.3. If the Buyer has purchased a set of goods, he must return the entire set of goods to the Seller, i. The buyer may exercise the right to return the goods only in respect of all the goods in the package. In case at least one of the goods in the set does not comply with the Rules 13.4.1. the Seller has the right to refuse to accept the full set of goods returned.
13.4.4. The Buyer, having exercised the rights provided for in clauses 13.1-13.3 of the Rules, must fulfill the requirements for the return of goods provided for in the Rules and follow the procedure provided therein.
13.4.5. The Buyer may return the Goods by delivering them to the Seller to the website store located at Smolensko str. 10B, in Vilnius or by return by courier. The procedure and conditions for the delivery of heavy goods (to assess, change, repair or return the quality of the goods) to the Seller shall be separately agreed by the Buyer with the Seller via the Website by telephone or e-mail. by e-mail info@modalto.pl or the Buyer delivers them directly to the Seller.
13.4.6. If the Buyer has exercised the rights established in clauses 13.2-13.3 and 13.5 of the Rules, the money shall be returned to him within 14 (fourteen) calendar days from the day of returning the goods to the Seller.
13.4.7. By approving these Rules, the Buyer agrees that the money will be returned to the Buyer's bank account. change, unless otherwise agreed between the Buyer and the Seller.
13.4.8. The Seller has the right not to return the amounts paid by the Buyer until the goods have been handed over to the Seller and the Seller has been checked for compliance with the Rules 13.4.1. point.
13.5. The right to withdraw from the contract of sale.
13.5.1. The Buyer - a natural person (consumer) has the right to withdraw from a distance or off-premises contract within 14 (fourteen) days, without giving a reason and without incurring costs other than those provided for in Article 6.22811 of the Civil Code, except for the exceptions provided for in paragraph 2. The Purchase and Sale Agreement may be canceled only if the product has not been used, damaged or its appearance has not changed significantly, that is, only such changes have been made to the appearance of the product or its packaging that were necessary to inspect the received product. The buyer must exercise this right responsibly and return the product in the original neat packaging, as well as return all the complete parts of the product. Upon withdrawal from the contract, the Buyer shall be liable for the decrease in the value of the goods resulting from actions not necessary to determine the nature and performance of the goods.
13.5.1. The Buyer, who believes that his rights have been violated, must first apply to the Seller and only if the Seller does not satisfy or partially satisfy the Buyer's claim, the Buyer has the right to apply to the entity dealing with consumer disputes.
The returned product must be in the original neat packaging (only the strips for closing the package can be cut for inspection of the product);
13.5.2. The Buyer, without giving a reason, may not exercise the right to withdraw from the contract of sale of goods within 14 (fourteen) days if he has concluded at least one of the agreements listed in Paragraph 2 of Article 6.22810 of the Civil Code of the Republic of Poland.
One exception is if the goods are made according to special instructions of the consumer, which are not pre-made and which are produced according to the consumer's personal choice or instruction, or goods which are clearly tailored to the consumer's personal needs.
13.5.3. The withdrawal period expires 14 (fourteen) days from the date on which the Buyer or the person specified by the Buyer, other than the carrier, receives the ordered goods or: if the Buyer has ordered more than one goods and the goods are delivered separately, from the day the Buyer whether the person specified by the Buyer, other than the carrier, receives the last goods; if the goods are delivered in different lots or parts, from the day when the Buyer or the person specified by the Buyer, except for the carrier, receives the last lot or part.
13.5.4. The Buyer shall notify the Seller of the withdrawal from the distance or off-premises contract by submitting a clear written statement setting out his decision to withdraw from the contract. Notice of withdrawal is sent by e-mail. email info@modalto.pl. Upon receipt of the Buyer's notice, the Seller shall immediately send an acknowledgment of receipt of the notice.
13.5.5. The goods must be returned no later than 14 (fourteen) days from the submission of the notice of withdrawal to the Seller. The Buyer is responsible for the proper packaging of the goods for return. The buyer bears the direct cost of returning the goods.
13.5.6. The burden of proving that the requirements for withdrawal from a distance or off-premises contract have been met lies with the Buyer.
13.5.7. When the Buyer exercises the right to withdraw from the contract, the obligations of the parties to perform the distance or off-premises contract or to conclude the distance contract or off-premises contract, if the Buyer has submitted an offer to conclude it, terminate.
13.5.8. The Seller may withhold the refund of the amounts paid by the Buyer until the goods have been returned to the Seller.
13.5.9. When the buyer exercises the right to withdraw from the concluded contract, additional contracts are automatically terminated. Ancillary contracts are contracts under which the Buyer acquires goods or services related to the concluded contract, and those goods or services are provided by the Seller or another person in accordance with the agreement with the Seller. The buyer must immediately notify the other party in writing of the termination of the ancillary contract and provide details of the cancellation of the distance or off-premises contract. A separate notice from the Buyer is not required in cases where the additional contract has been concluded with the same Seller who has been notified of the withdrawal in accordance with Article 6.228 (10) of the Civil Code.
LIABILITY
14.1. The buyer is responsible for the accuracy of the data provided in the registration form. If the Buyer does not provide accurate data in the registration form, the Seller is not responsible for the consequences.
14.2. The buyer is responsible for the actions performed using the Online Store system.
14.3. The buyer is responsible for transferring his login details to third parties. If the services provided by the online store the plant is used by a third party, using the Buyer's login details to log in to the Online Store, the Seller considers this person to be the Buyer.
14.4. The Seller is released from any liability in cases where the Buyer, notwithstanding the Seller's recommendations and its obligations, has not read the Purchase Sale Rules, even though the Buyer has been given such an opportunity.
14.5. The Seller is not responsible for the links in the Online Store to the websites, information or activities of other companies, institutions, organizations or individuals. The seller does not maintain or control the above websites and does not represent those companies, institutions, organizations and individuals.
FINAL PROVISIONS
15.1. Communication between Buyer and Seller, including, but not limited to, notices, correspondence, shall be in writing. Notices sent by e-mail are also treated as written notices.
15.2. The Seller reserves the right to change, amend or supplement the Purchase Sale Rules, taking into account the requirements established by the legal acts of the Republic of Poland. Orders placed before the amendment of the Rules will be executed in accordance with the Rules in force at the time of their conclusion.
15.3. Disputes related to the purchase and sale of goods in the e-shop are resolved through negotiations. If no agreement is reached through negotiations, disputes shall be settled in the court of the Republic of Poland in accordance with the law of the Republic of Poland.
15.4. The Buyer-Consumer must first submit a request and / or complaint regarding the activities and services of the Seller to the Seller in writing and indicate his requirements. Please send such letters to info@modalto.pl.
RETURN AND QUALITY GUARANTEE CONDITIONS FOR LEGAL ENTITIES (ENTREPRENEURS)
ATTENTION, legal entities have a 12 (twelve) month warranty period for all goods.
Product photos are for illustrative purposes only, original products may differ from those shown. The photos provided cannot be used as a basis for claims. If in doubt about the specified product, contact your sales manager before purchasing the product. The product is considered to be of good quality, they correspond to the sample, model or description provided in the online store.
The warranty obligations of the product manufacturer are valid only if the operating conditions of the product are not violated. To avoid misunderstandings, we recommend that you read the operating instructions for the product carefully, if any. The warranty is valid only if the Buyer submits to the Seller a receipt for the purchase of the goods, an invoice, another purchase and sale document, or another document confirming the purchase of the goods from the Seller.
Quality and order-compliant goods cannot be returned or exchanged. The right to withdraw from a distance contract within 14 (fourteen) days does not apply to legal entities (entrepreneurs). Defective goods must first be returned to the Seller's warranty service and only if it is determined that the goods cannot be repaired, they are replaced and / or returned.
The cost of returning the goods shall be borne by the Buyer. In case of refund of the goods, the amount paid for the delivery of the goods is not refunded. The money for the product is returned to the buyer only after the product is actually returned to the Seller.
The provisions of Articles 6.333 and 6.335 of the Civil Code apply to the quality of goods and the warranty period. Disputes regarding the quality of goods, return and other conditions of purchase and sale shall be resolved in accordance with the procedure established by the Purchase and Sale Rules.
INFORMATION FOR CONSUMERS ABOUT THE TRANSFER OF THE RISK OF DEATH OR DAMAGE OF ITEMS TO THE CONSUMER
Article 6.3591 of the Civil Code, which governs the transfer of risk, provides that in cases where the contract of sale provides for the carriage of the goods and the seller sends the goods to the buyer, the risk of accidental loss or damage passes to the buyer when he or a person other than the carrier things. If the goods are handed over to a carrier chosen by the buyer and the seller has not offered such delivery, the risk provided for in this paragraph shall pass to the buyer when the goods are handed over to the carrier.
Directive of the European Parliament and of the Council 2011/83 / EU on consumer rights, amending Council Directive 93/13 / EEC and Directive 1999/44 / EC of the European Parliament and of the Council and repealing Council Directive 85/577 / EEC and Directive 97/7 / EC of the European Parliament and of the Council Article 20 ('the Directive') provides that, in the case of contracts under which the trader delivers the goods to the consumer, the risk of loss of or damage to the goods is transferred to the consumer when he or a third party other than the carrier. When the goods are handed over to the carrier, the risk passes to the consumer if the consumer has instructed the carrier to transport the goods and the trader has not given him the option of such a delivery.