Distance Sales Agreement

I. BASIC INFORMATION
Basic data of the Entity:
application presentation: 2022-11-25
Name of the entity: MODA BLASK SP. Z OO
City: THEY BUFFED
NIP/Trust ID: 5272949494
Zip code: 05-090
KRS: 0000883011
Street: Żwirowa 66 Module 9
Organizational form: 117 - Limited liability company
House number: 26
First name: MUHAMMET
Last name: THE SOMENGERS
Share size: PLN 400,000
First name: ABDULSAMET
Last name: FIRAT
Share size: PLN 100,000
1. The Customer may choose the following payment methods for the ordered Goods:
and. cash payment upon receipt of the Goods;
b. payment via PayU service.
2. Through the modablask.com Store, goods belonging to the Seller ("Goods") are sold on the basis of a contract for the sale of Goods ("Sales Agreement") concluded with the Seller.
3. Presented on the website www. modablask.com information on the Goods and their prices apply only to the modablask.com Store
4. The Sales Agreement may only be concluded
(and) a natural person who is over 18 years of age and has full legal capacity,
(ii) a natural person with limited legal capacity (i.e. a natural person who is over 13 years of age and is not fully incapacitated or a natural person who is over 18 years of age and is partially incapacitated), however, the consent of the legal representative is required for the Agreement to be valid this person,
(iii) a legal person or (iv) an organizational unit without legal personality, which is granted legal capacity by law ("Client").
5. The place of delivery of the Goods purchased through the modablask.com Store is the territory of the Republic of Poland, unless otherwise agreed.
6. Basically, the language in which Sales Agreements are concluded is Polish.
7. When starting to use modablask.com, the Customer and other users should read the Regulations and the Privacy Policy. Using modablask.com means accepting the Regulations and the Privacy Policy.
8. The condition for accessing the functionality of modablask.com is the use of a device that communicates with the Internet and is equipped with a commonly used web browser. The minimum recommended technical requirements for using the Website are the following web browser: Firefox version 64, Chrome (Chrome for Android) version 71, Safarii 12.1 (12 iOs Safari), Opera 58 (Opera Mobile), Edge 18, with Javascript enabled, Cookies and enabling the option of saving Cookies and Javascript and Local Storage in the web browser.
9. Subject to other express provisions of the Regulations, electronic services are provided 24 (twenty-four) hours a day, 7 (seven) days a week, at the user's request.
10. The Seller is not a provider of data transmission services or telecommunications services. Therefore, all costs related to data transmission services or telecommunications services required to run and use modablask.com are covered by the website user, based on the contract concluded by him with the Internet provider or telecommunications service provider.
11. The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining, appropriating or modifying user data. In order to protect such data, users should use adequate technical measures that will minimize the above-mentioned threats, including in particular anti-virus programs or programs protecting the identity of people using the Internet.
12. The customer or other user is obliged to use modablask.com in a manner consistent with the law and morality, bearing in mind respect for the copyright and intellectual property of the Seller and third parties. The user is prohibited from providing unlawful content.
II. GOODS, PRICE, COSTS
1. Information on the main characteristics of the Good, as well as its price, are posted on the website of the Modablask.com Store, next to the description of the given Good.
2. A limited number of Goods are intended for sale, including promotional sales and sales, and orders are processed in the order in which confirmed orders for these Goods are received, until the stocks covered by a given form of sale are exhausted. In the event of unavailability of the Goods (out of stock), relevant information is posted on the modablask.com website next to the description of the given Good.
3. The price given for the Goods at the time of placing the order by the Customer is binding for the Parties. All prices of the Goods posted on the website of the modablask.com Store are given in Polish zlotys and include tax on goods and services (VAT).
4. The Customer is obliged to bear the costs of shipping the Goods. Personal collection of the purchased Goods is not possible. The shipping costs of the Goods purchased in the modablask.com Store depend on the method of delivery of the Goods chosen by the Customer and the form of payment chosen by the Customer. Current shipping costs are available on the website of the modablask.com Store - in the "Shipping costs" tab.
5. In cases where, for technical or logistical reasons, the delivery of the Goods takes place in several stages, the Customer shall pay the cost of shipping the Goods only once.
III. PAYMENT RULES FOR GOODS
1. It is not possible to pay for the ordered Goods by transferring cash or issuing a check. The Seller is not responsible for the Customer's loss of funds transferred in the manner specified in the preceding sentence.
2. Depending on the payment method chosen by the Customer.
3. in the case of cash payment upon receipt of the Goods, the amount due for the Goods is collected during the delivery of the Goods;
4. in the case of payment by transfer to a bank account, the amount due for the Goods is charged as an advance payment, which means that the ordered Goods are sent after receiving the payment; the maximum waiting period for the payment is 3 days from the date of conclusion of the Sales Agreement - after its expiry, the BUTIK obtains the right to withdraw from the Sales Agreement, without the need to set an additional deadline for the Customer to make the payment;
5. in the case of payment via the PayU service, the payment for the Goods is collected as an advance payment, which means that the ordered Goods are sent after receiving the payment; the maximum waiting period for the payment is 3 days from the date of conclusion of the Sales Agreement - after its expiry, the Seller obtains the right to withdraw from the Sales Agreement, without the need to set an additional deadline for the Customer to make the payment.
6. Until the Customer pays the full amount due for the ordered Goods, they remain the property of the Seller.
IV. CONCLUSION OF THE AGREEMENT
1. Orders from customers are accepted by the istabutik Store website after going through the entire ordering procedure on the website. As part of the ordering procedure, the Customer performs, in particular:
and. selection of ordered Goods;
b. designation of the delivery address and form of payment;
c. placing an order;
d. placing an order;
2. If the customer makes a purchase in connection with his business activity, the customer is obliged to provide the data necessary to issue a VAT invoice, i.e. company name, company address, tax identification number.
3. When placing an order, the Customer has the option of checking, correcting and confirming all data (e.g. name, surname, address, form of payment, company details and the assortment and quantity of ordered Goods) entered into the order form.
4. Submit an order:
and. it is possible after agreeing to the terms of the Regulations and after confirming that you have read the possibility of exercising the right to withdraw from the Sales Agreement;
b. is made by means of a properly marked button ("Order with an obligation to pay" or the same);
c. means the Customer has received an offer to sell the Goods; and
d. means accepting the offer to sell the Goods, which is tantamount to concluding a Sales Agreement.
5. Immediately after the Customer places an order, an email containing the content of the order will be sent to the Customer's mailbox.
6. In order to cancel the order, the Customer should contact the Seller by phone at +48532488800 or by e-mail to the address - modablask.com . If the Goods have not yet been prepared for shipment, the Seller may agree to cancel the order. If the Customer has reported the intention to cancel the order by phone or the content of the e-mail does not clearly express the will to terminate the Sales Agreement, the Customer will be asked to send an e-mail to istabutik containing a declaration of will to terminate the Sales Agreement. The Seller makes a declaration of will to terminate the Sales Agreement and sends it to the Customer's e-mail address.
7. The Seller shall provide the Customer with confirmation of the conclusion of the Sales Agreement within a reasonable time after its conclusion, at the latest at the time of delivery of the Goods. The confirmation will include, in particular, all relevant data from the placed order, including the Seller's identification data, the address to which the Customer may submit a complaint, the complaint handling procedure, the price including tax, delivery costs, method and date of payment, method and date of delivery of the Goods, and the deadline for exercising the right to withdraw from the Sales Agreement, the costs of returning the Goods in the event of withdrawal from the Sales Agreement, the possibility of using extrajudicial means of dealing with complaints and pursuing claims and the rules of access to these procedures. The confirmation will be sent to the Customer to the e-mail address provided by him. The content of the confirmation received in this form may also be printed out by the Customer.
8. PERSONAL DATA:
8.1. Personal data administrator:
and. Customers in order to carry out the purchasing process (e.g. conclusion of a sales contract, order fulfillment, handling complaints related to the order, etc.)
b. and users of the modablask.com Store who are natural persons, collected via the Online Store in order to enable the use of services provided electronically as part of the Online Store website (e.g. service of setting up and maintaining a user account in the Store, newsletter service, contact forms, etc.) .
8.2. The Customer's personal data is processed mainly on the basis of a contract for the provision of electronic services and for the purpose of its implementation, on the terms set out in accordance with the GDPR.
8.3. Personal data:
and. are processed on the basis of a sales contract and in order to implement it,
b. users of the modablask.com Store, in the scope of data not related to the Sales Agreement, are processed on the basis of a contract for the provision of electronic services and for the purpose of its implementation, on the terms set out in accordance with, inter alia, Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), the Act on the provision of services by electronic means, as well as other regulations in force in the territory of the Republic of Poland regulating data processing.
8.4. Providing personal data by the Customer and the user of the modablask.com Store is voluntary, but their processing is necessary for:
and. to complete the order, including establishing, shaping the content, amending, terminating and settling the Sales Agreement - in the case of Customers,
b. conclusion and implementation of the contract for the provision of electronic services available as part of the istabutik.pl Store - in the case of users of the modablask.com Store in the scope of data not related to the Sales Agreement.
8.5. Detailed information on the processing of customer data and other users of the modablask.com online store can be found in the Privacy Policy.
8.6. The customer is responsible for providing false data.
V. TERM AND METHOD OF DELIVERY
1. Goods purchased in the modablask.com Store are sent by the Seller within 2 working days from the date of receipt of payment for the Goods, or from the date of concluding the Sales Agreement - in the case of choosing the option of cash payment upon receipt of the Goods.
2. The delivery of the Goods is carried out via courier companies to the address indicated by the Customer in the order, as well as companies providing collection services at the collection points indicated by the Customer in the order. The Seller is not responsible for failure to deliver the Goods or delay in delivery caused by an incorrect or inaccurate address provided by the Customer.
VI. RIGHT OF WITHDRAWAL FROM THE SALES AGREEMENT
1. The provisions of this Section VI apply only to Customers who have the status of a consumer, i.e. they are natural persons who perform a legal act not directly related to their business or professional activity ("Consumer"), and from January 1, 2021 also to Customers who are natural persons concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity (" Entrepreneur on Consumer Rights").
2. The Consumer and the Entrepreneur on Consumer Rights may withdraw from the Sales Agreement (concluded remotely) without giving a reason within 14 (fourteen) days from the date of receipt of the Goods by the Consumer or Entrepreneur on Consumer Rights or by a third party indicated by the Consumer or Entrepreneur on Consumer Rights than the carrier, and in the case of a Sales Agreement that includes many Goods that are delivered separately, in batches or in parts - within 14 (fourteen) days from the date of taking possession of the last Good, batch or part. To meet the deadline to withdraw from the Sales Agreement, it is enough to send a statement before the expiry of the 14-day period.
3. The right to withdraw from the Sales Agreement is exercised by submitting a declaration of will to withdraw. This statement may be submitted to both the Agent and the BUTIK. This statement may be:
and. made in writing and sent to the address: modablask.com | Janki, , with the note "Withdrawal from the contract"; on the website www. modablask.com, a model statement of withdrawal from the Sales Agreement is available;
b. prepared in electronic form on the return form available at modablask.com (the form is available to registered Customers); in the event of submitting a statement of withdrawal from the Sales Agreement in this way, the Consumer or Entrepreneur with Consumer Rights will receive an e-mail confirmation of receipt of this statement;
c. prepared in electronic form and sent to the following e-mail address: fashiongmail@gmail; in the event of submitting a statement of withdrawal from the Sales Agreement in this way, the Consumer or Entrepreneur with Consumer Rights will receive an e-mail confirmation of receipt of this statement.
4. In the event of withdrawal from the Sales Agreement by the Entrepreneur on Consumer Rights, in the declaration of withdrawal from the Sales Agreement, the Entrepreneur on Consumer Rights must include a statement that the Sales Agreement concluded by him is directly related to his business activity, does not have a professional nature for him, resulting from in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. If the Sales Agreement has been concluded directly with the conducted business activity and is of a professional nature for a given Customer, this Customer is not an Entrepreneur on Consumer Rights and is not entitled to withdraw from the Sales Agreement.
5. In the event of exercising the right to withdraw from the Sales Agreement, the Consumer or Entrepreneur with Consumer Rights is obliged to return the Goods to the following address: modablask.com | To meet the deadline, it is enough to send back the Goods before the expiry of this period, preferably with the note "Withdrawal from the contract". The Consumer or Entrepreneur with Consumer Rights bears the direct costs of returning such Goods (shipping costs related to the return of the Goods).
6. Subject to the provisions of VI.7, the Seller is obliged to immediately, not later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur on Consumer Rights on withdrawal from the Sales Agreement, return to the Consumer or Entrepreneur on Consumer Rights the payments made by the Consumer or Entrepreneur on Consumer Rights payment for the Goods together with the costs of the cheapest method of delivering the Goods offered. The Seller will refund the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer Rights, unless the Consumer or Entrepreneur with Consumer Rights agrees to a different method of return, which does not involve any costs for him.
7. The Consumer and the Entrepreneur with Consumer Rights are liable for the decrease in the value of the Goods as a result of using the Goods in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
8. Any questions regarding the exercise of the right to withdraw from the Sales Agreement can be sent by e-mail to the following address: modablask@gmail, in writing to the address: modablask.com janki, with the note "Withdrawal from the contract" or by calling 48532488800.
9. On the terms set out in separate special regulations, available on the following website of the shop with modablask.com , the Consumer or Entrepreneur with Consumer Rights has the right to return the purchased Goods (withdrawal from the Sales Agreement) within a period longer than the statutory 14 days.
VII. RESPONSIBILITY. COMPLAINTS
1. The Customer has the right to expect that the Goods received by him have no physical or legal defects.
2. It is the Customer's responsibility to collect and pay for the Goods. Unjustified refusal to collect or pay for the Goods means a breach of the Sales Agreement and is the basis for legal liability and a premise for limiting the availability of the istabutik Store or specific forms of payment for such a Customer. In order to minimize the risk for its legitimate interests, the Seller may use its own algorithms and support from external entities.
3. Subject to the provisions of VII.5, the Customer has the right to submit a complaint if the Goods have a physical or legal defect (warranty). These defects will be removed on the basis of the provisions of art. 556 and following of the Civil Code on liability under the warranty for defects.
4. In the event of exercising the right under the warranty by the Entrepreneur on Consumer Rights, in the complaint form, the Entrepreneur on Consumer Rights must include a statement that the Sales Agreement concluded by him, directly related to his business activity, is not of a professional nature for him, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity. In the event that the Sales Agreement was concluded directly with the conducted business activity and is of a professional nature for a given Customer, this Customer is not an Entrepreneur on Consumer Rights and is not entitled to warranty rights.
5. The parties exclude any liability of the Seller under the warranty, in accordance with art. 558 § 1 of the Civil Code. This exclusion does not apply to the Seller's liability towards Consumers and Entrepreneurs with Consumer Rights. In no case does the Seller provide a contractual guarantee of the quality of the Goods to the fullest extent permitted by law.
6. The complaint may be made in electronic form and sent by e-mail to the address: modablask.com or made in writing and sent to the address: modablask.com | janki".
7. Any questions regarding the complaint can be sent by e-mail to the following address: modablask@gmail.com, in writing to the address: modablask.com | janki, with the note "Complaint Department" or by calling 532 488 800.
8. The customer who exercises the rights under the warranty is obliged to deliver the defective Goods to the Seller at the address: modablask.com | janki, with the note "Complaint Department" along with a description of the reason for the complaint. The costs related to the return of the advertised Goods by the Customer are returned to the Customer immediately after the complaint has been positively considered. When making a complaint about the Goods, the Customer may use the complaint form available on the modablask.com website, specifying the reason for the complaint about the Goods.
9. Complaints are considered within 14 (fourteen) days from the date of receipt of the complaint by the Seller, of which the Customer will be notified via e-mail to the e-mail address provided by the Customer or SMS to the telephone number provided by the Customer or by post to the address indicated by customer.
VIII. COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS
1. The seller takes steps to ensure the proper operation of the modablask.com store, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
2. The Customer is obliged to immediately notify the Seller of any irregularities or interruptions in the functioning of the modablask.com Store website.
3. Irregularities related to the functioning of the modablask.com Store may be reported by the Customer in writing to the following address: modablask.com | janki.
4. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of irregularities related to the functioning of the modablask.com Store.
5. The Seller undertakes to consider each complaint within 14 days, and if it was not possible, to inform the Customer within this period when the complaint will be considered.
IX. FINAL PROVISIONS
1. In matters not regulated on the website of the modablask.com Store, the provisions of Polish law shall apply, in particular the Act on Consumer Rights and the provisions of the Civil Code.
2. Any changes to the rules of sales made via the modablask.com Store website are valid from the date of their publication on the website. modablask.com . Orders placed before this date are processed on the basis of the rules in force on the date of placing the order.
3. The customer has the option of using out-of-court means of pursuing claims. The customer may, in particular, request mediation or resolution to the arbitration court or use the online system for settling consumer disputes available at

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