Terms and conditions of the online shop

§ 1 Definitions


1. working days – means weekdays from Monday to Friday, excluding public holidays.
(2) Delivery – means the actual act of supplying the Customer, through the Seller, with the Goods specified in the order.

3. Supplier – means the entity with which the Seller cooperates in carrying out the supply of goods

4 Password – means a sequence of letters, numbers or other characters chosen by the Customer during registration with the Online Shop, used to secure access to the Customer’s account on the Online Shop.

5 Customer – means an entity to whom, in accordance with the Terms and Conditions and the law, electronic services may be provided or with whom a Sales Contract may be concluded.

(6) Consumer – means a natural person who enters into a legal transaction with a trader that is not directly related to his or her commercial or professional activity.

7. Customer Account – means a personalised dashboard for each Customer, set up by the Seller for the Customer’s benefit, once the Customer has registered and entered into an agreement for the provision of the Customer Account service.

Entrepreneur – means a natural person, a legal person or an organisational unit which is not a legal person but to which the law confers legal capacity, carrying out economic or professional activities in its own name and performing legal acts directly related to those activities.

9 Regulations – means these Regulations.

10. Registration – means an actual action carried out in the manner specified in the Terms and Conditions, which is required for the Customer to use all the features of the Online Shop.

11. Seller – means: MODECO TRADING SP.J. M. BORKOWSKI, U. BORKOWSKA, 15-585 Białystok, ul. Zabłudowska 41, Tax Identification Number (NIP): PL9662224513, Email address: [email protected]

12. Store Website – means the website through which the Seller operates the Online Store, under the domain modeco-sklep.pl

13) Goods – means a product offered by the Seller via the Store’s website which may be the subject of a Sales Contract.

(14) Durable medium – means a material or tool enabling the Customer or the Seller to store information addressed personally to the Customer or the Seller in such a way that the information can be accessed in the future for a period of time appropriate to the purposes for which the information is used and which allows the stored information to be reproduced unchanged.

15. sales contract – means a distance sales contract, on the terms and conditions set out in the Terms and Conditions, between the Customer and the Seller.

§ 2 General provisions and use of the Online Shop


(1) All rights to the Online Store, including copyright, intellectual property rights to its name, its internet domain, the Store’s website, as well as to the templates, forms and logos displayed on the Store’s website (with the exception of logos and photographs displayed on the Store’s website for the purpose of presenting goods, the copyright to which belongs to third parties) belong to the Seller, and may only be used in the manner specified and in accordance with the Terms and Conditions, and with the Seller’s written consent.

(2) The Seller will endeavour to ensure that the Online Store can be used by internet users on all popular web browsers, operating systems, device types and internet connection types. The minimum technical requirements for using the Shop’s website are a web browser such as Internet Explorer 11, Chrome 39, Firefox 34, Opera 26 or Safari 5 or later, with JavaScript enabled, which accepts cookies, and an internet connection of at least 256 kbit/s. The Shop’s website is optimised for a minimum screen resolution of 1024×768 pixels.

(3) The Seller uses "cookies", which are stored by the Seller’s server on the hard drive of the Customer’s terminal device when Customers use the Shop’s Website. The use of cookies is intended to ensure the proper functioning of the Shop’s Website on Customers' terminal devices. This mechanism does not damage the Customer’s terminal equipment and does not cause any changes to the configuration of the Customer’s terminal equipment or the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of their terminal device. The Seller points out that disabling "cookies" may, however, cause difficulties or make it impossible to use the Shop’s Website.

(4) In order to place an order in the Online Store via the Store’s website or by email, and to use the services available on the Store’s websites, the Customer must have an active email account.

(5) In order to place an order via the Online Shop by telephone, the Customer must have a valid telephone number and a valid email account.

(6) The Customer is prohibited from providing unlawful content and from using the Online Shop, the Shop’s website or the free services provided by the Seller in a manner that contravenes the law, is contrary to public morals or infringes the personal rights of third parties.

The Seller declares that the public nature of the Internet and the use of electronically provided services may entail a risk of unauthorised persons accessing and altering Customer data; therefore, Customers should take appropriate technical measures to minimise these risks. In particular, they should use anti-virus and identity protection software to safeguard the identity of those using the Internet. The Seller will never ask the Customer to provide their password in any form.

(8) The Customer must not use the resources and functions of the Online Shop to carry out activities that would harm the Seller’s interests.

§ 3 Registration

(1) In order to create a Customer Account, the Customer is required to register free of charge.

2 You do not need to register to place an order in the Online Shop.

(3) To register, the Customer must complete the registration form provided by the Seller on the Store’s website and submit the completed registration form electronically to the Seller by selecting the relevant option on the registration form. During registration, the Customer sets a personal password.

(4) When completing the registration form, the Customer has the opportunity to read the Terms and Conditions and to accept them by ticking the relevant box on the form.

(5) During registration, the Customer may voluntarily consent to the processing of his or her personal data for marketing purposes by ticking the relevant box on the registration form. In this case, the Vendor shall clearly inform the Customer of the purpose for which his or her personal data is being collected, as well as of the known or expected recipients of such data.

(6) The Customer’s consent to the processing of his or her personal data for marketing purposes does not form a condition for entering into a contract with the Seller for the electronic provision of the service of maintaining the Customer’s Account. Consent may be withdrawn at any time by the Customer submitting an appropriate declaration to the Seller. The declaration may, for example, be sent to the Seller’s address by email.

(7) After submitting the completed registration form, the Customer immediately receives, by email to the email address provided in the registration form, confirmation of registration from the Seller. At this point, the agreement for the electronic provision of the service of maintaining the Customer’s Account is concluded, and the Customer is able to access their Account and make changes to the details provided during registration.

§ 4 Procurement

1. The information contained on the Store’s website does not constitute an offer by the Seller within the meaning of the Civil Code, but merely an invitation to Customers to submit offers with a view to concluding a sales contract.

(2) Customers may place orders in the Online Shop via the Shop’s website or by email 7 days a week, 24 hours a day.

(3) The customer may place orders in the Online Store by telephone during the hours and on the days specified on the Store’s website.

(4) When placing an order via the Store’s website, the Customer completes the order by selecting the Goods in which they are interested. The Goods are added to the order by selecting the "ADD TO BASKET" option next to the relevant Goods displayed on the Store’s website. Once the Customer has finalised the order and specified the delivery method and payment method in the "CART", they place the order by submitting the order form to the Seller via the "Order with obligation to pay" button on the Store’s Website. Each time before submitting the order to the Seller, the Customer is informed of the total price for the selected Goods and delivery, as well as any additional costs they are obliged to pay in connection with the Sales Contract.

(5) A Customer placing an order by telephone uses the telephone number provided by the Seller on the Store’s website. The Customer places the order by telephone, specifying to the Seller the name of the Goods from amongst those listed on the Store’s website and the quantity of the Goods they wish to order. Then, after completing the entire order, the Customer specifies the delivery method and address and the payment method, and provides, at their discretion, their email address or postal address for the purpose of confirming the order. Each time the Customer places an order by telephone, the Seller informs the Customer of the total price of the selected Goods and the total cost of the selected delivery method, as well as any additional costs the Customer is obliged to pay in connection with the Sales Agreement.

(6) A Customer placing an order by email sends it to the email address provided by the Seller on the Store’s website. In the message sent to the Seller, the Customer shall specify, in particular: the name of the Goods, their colour and quantity, from amongst the Goods presented on the Store’s Website, and their contact details.

(7) Upon receiving the message referred to in §4.7 from the Client via e-mail, the Seller shall send a reply to the Client by e-mail, setting out the Client’s registration details, the price of the selected Goods, the available payment methods and the method of delivery together with its cost, as well as information regarding any additional payments to be made by the Client under the Sales Contract. The message also informs the Customer that the conclusion of the Contract of Sale by the Customer via e-mail entails the obligation to pay for the Goods ordered. On the basis of the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller, indicating the selected method of payment and method of delivery.

8 Placing an order constitutes an offer by the Customer to the Seller to enter into a Sales Contract for the Goods that are the subject of the order.

(9) Once an order has been placed, the Seller sends an order confirmation to the email address provided by the Customer.

(10) Next, after confirming the order, the Seller sends a message to the email address provided by the Customer confirming that the order has been accepted for processing. This confirmation constitutes the Seller’s acceptance of the offer referred to in §4(9) above, and the Sales Agreement is concluded upon the Customer’s receipt of this confirmation.

(11) Once a Sales Contract has been concluded, the Seller shall confirm its terms and conditions to the Customer by sending them on a durable medium to the Customer’s email address or in writing to the address provided by the Customer during registration or when placing an order.

§ 5 Payments


1. The prices shown on the Shop’s website next to the relevant Goods are gross prices and do not include information on delivery costs or any other costs that the Customer will be required to pay in connection with the contract of sale; the Customer will be informed of these costs when selecting the delivery method and placing the order.

2. Payment methods for the ordered goods: bank transfer via Przelewy24, Tpay or PayPal, or cash on delivery to the courier.

(a) a bank transfer to the Seller’s bank account (processing of the order will commence once the Seller has sent the Customer confirmation of acceptance of the order and the funds have been credited to the Seller’s bank account);

3. The customer must pay for the order, in the amount specified in the sales contract, within 7 working days.

(4) Should the Customer fail to make payment within the time limit specified in §5.3 of the Terms and Conditions, the Seller shall withdraw from the Contract of Sale and send a notice of withdrawal from the Contract to the Customer on a durable medium in accordance with Article 491 of the Civil Code.


§ 6 Delivery


(1) The Seller shall be obliged to deliver the Goods covered by the Sales Contract free from defects.

(2) The Seller shall publish on the Store’s website information regarding the number of working days required for delivery and order processing.

(3) The time limit for delivery and fulfilment of an order as stated on the Store’s website shall be calculated in business days in accordance with §5(2) of the Terms and Conditions.

4 The ordered Goods are collected by the Customer in person at the company’s premises or delivered to the Customer via the Supplier to the address specified on the order form.

On the day the Goods are dispatched to the Customer, a message confirming the dispatch by the Seller is sent to the Customer’s email address.

The Customer shall be obliged to inspect the delivered parcel at the time and in the manner customary for parcels of that type. In the event of any defect or damage to the consignment, the Customer shall be entitled to request an employee of the Supplier to draw up an appropriate report.

(7) The Seller shall enclose a VAT invoice covering the Goods delivered with the consignment being delivered.

(8) If the Customer is not present at the address provided by the Customer when placing the order as the delivery address, a member of the Supplier’s staff will leave a note or attempt to contact the Customer by telephone to arrange a date when the Customer will be present. Should the ordered Goods be returned to the Online Shop by the Supplier, the Seller will contact the Customer by email or telephone to agree a new delivery date and cost with the Customer.

§ 7 Warranty


(1) The Seller shall ensure that the Goods are delivered free from physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).

(2) If the Goods are defective, the Customer may submit a request to the Seller for the repair or replacement of the Goods. The Seller shall be obliged to replace the defective Goods with goods free from defects or to remedy the defect within a reasonable time without causing undue inconvenience to the Customer. The cost of repair or replacement shall be borne by the Seller.

(3) A Customer who exercises their warranty rights is obliged to deliver the defective item to the Seller’s address. Where the Customer is a Consumer, the cost of delivery is borne by the Customer.

(4) The Seller shall be liable under the warranty if a physical defect is discovered within one year of the delivery of the Goods to the Customer. A claim for rectification of the defect or replacement of the Goods with defect-free Goods shall be time-barred, but the time limit shall not end before the expiry of the period specified in the first sentence.

(5) The Customer may submit any complaints relating to the Goods or the performance of the Sales Contract in writing to the Seller’s address.

(6) The Seller shall, within 14 days of the date of the request containing the complaint, respond to the Customer’s complaint regarding the Goods or the performance of the Sales Contract.

(7) The Customer may submit a complaint to the Seller regarding the use of free services provided electronically by the Seller. The complaint may be submitted electronically and sent to the address [email protected]. The complaint should include a description of the problem. The Seller shall consider the complaint immediately, but no later than within 14 days, and provide the Customer with a reply.

(8) The Seller shall not make use of the out-of-court dispute resolution procedure referred to in the Act of 23 September 2016 on the out-of-court resolution of consumer disputes.

§ 8 Guarantee

  1. Goods sold by the Seller may be covered by a warranty provided by the manufacturer of the Goods or a distributor.

§ 9 Withdrawal from the Sales Contract

  1. A customer who is a consumer and who has entered into a sales contract may withdraw from it within 14 days without giving a reason. This applies only to products that are available as standard. Products offered as "bespoke" and with a lead time of more than 7 days are non-refundable.
  2. Products offered as "made to order" are ordered from manufacturers to fulfil the buyer’s individual order. These products are personalised for the specific buyer and cannot be returned.
  3. The withdrawal period under the Sales Contract shall commence from the moment the Consumer takes possession of the Goods.

A consumer may withdraw from a Sales Agreement by submitting a notice of withdrawal to the Seller. This does not apply to "bespoke" products. Such a notice may be given, for example, in writing to the Seller’s address, or by email to the Seller’s address. The declaration may be made using a form, a specimen of which has been made available by the Seller on the Shop’s website at the following address: Withdrawal Form. Sending the declaration before the expiry of the withdrawal period shall be sufficient to meet the deadline.

  1. In the event of withdrawal from the Sales Contract, it shall be deemed never to have been concluded.
  2. If the Consumer has given notice of withdrawal from the Sales Contract before the Seller has accepted their offer, the offer shall cease to be binding.
  3. The Seller shall be obliged to refund to the Consumer all payments made by the Consumer, including the cost of delivery of the Goods to the Consumer, immediately, but no later than within 14 days of receiving the Consumer’s notice of withdrawal from the Sales Contract. The Seller may withhold reimbursement of payments received from the Consumer until it has received the Goods back or the Consumer has provided evidence that the Goods have been returned, whichever occurs first.
  4. If the Consumer, in exercising their right of withdrawal, has chosen a method of delivery for the Goods other than the cheapest standard method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by them.
  5. The Consumer shall be obliged to return the Goods to the Seller immediately, but no later than within 14 days of the date of withdrawal from the Sales Contract. To meet the deadline, it is sufficient to post the Goods back to the Seller’s address before the expiry of this period.
  6. In the event of cancellation, the Consumer Customer shall only bear the direct costs of returning the Goods.
  7. If, due to their nature, the Goods cannot be returned by post in the usual way, the Seller shall inform the Consumer of the cost of returning the item on the Shop’s website.
  8. The consumer shall be liable for any reduction in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
  9. The Seller shall refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer.
  10. A Customer who is a Consumer shall not have the right to withdraw from the Sales Contract in respect of contracts where the Goods are supplied in sealed packaging which cannot be returned once opened for health or hygiene reasons, if the packaging has been opened after delivery.
  11. If you enter into a Sales Contract as a business, you do not have the right to withdraw from a distance contract within the so-called 14-day withdrawal period. The Act of 30 May 2014 on Consumer Rights, Journal of Laws of 24 June 2014, item 827, which permits withdrawal from a distance contract, is a piece of consumer legislation governing the relationship between the business and the consumer, i.e. a natural person entering into a legal transaction with the business that is not directly related to their economic or professional activity.
  12. Products with an availability specified as "on request" are not subject to returns and therefore to withdrawal from the contract under the Consumer Law, as these are non-standard products imported solely to fulfil the customer’s order.

§ 10 Customised products

  1. Products offered as "made to order" are ordered from manufacturers to fulfil the buyer’s individual order. These products are personalised for the specific buyer and cannot be returned.
  2. Information stating that a product is made to order will be displayed next to each such product. The delivery time for a particular item will vary between 14 and 150 days.
  3. The customer will be informed of the exact delivery time whilst the order is being processed

§ 10 Free services

  1. The Seller provides services to Customers, by electronic means, free of charge:

(a) Contact form;

b) Newsletter;

(c) Maintenance of the Customer Account;

(d) Posting of opinions.

  1. The services specified in §10.1 above are provided 7 days a week, 24 hours a day.
  2. The Seller reserves the right to choose and amend the type, forms, timing and manner of granting access to the selected listed services, and shall inform Customers of such changes in a manner appropriate for amending the Terms and Conditions.
  3. The Contact Form service involves sending a message to the Seller via a form on the Store’s website.
  4. The free Contact Form service may be cancelled at any time; this involves stopping the sending of enquiries to the Seller.
  5. The Newsletter service may be used by any Customer who enters their email address via the registration form provided by the Seller on the Shop’s website. After submitting the completed registration form, the Customer will immediately receive an email confirmation from the Seller at the email address provided in the registration form. At this point, a contract for the electronic provision of the Newsletter service is concluded.

The customer may also tick the relevant box on the registration form during registration to subscribe to the newsletter service.

  1. The newsletter service involves the Seller sending a message in electronic form to an email address, containing information about new products or services offered by the Seller. The newsletter is sent by the Seller to all Customers who have subscribed to it.
  2. Each newsletter sent to the customers in question contains, in particular: information about the sender, a completed "subject" field specifying the content of the message, and information on how to unsubscribe from the free newsletter service.
  3. The Customer may unsubscribe from the Newsletter at any time by clicking the unsubscribe link included in each email sent as part of the Newsletter service, or by ticking the relevant box in the Customer Account.
  4. The Customer Account service becomes available following registration in accordance with the rules set out in the Terms and Conditions and consists of providing the Customer with a dedicated dashboard on the Store’s website, enabling the Customer to amend the details provided during registration, as well as to track the status of orders and view the history of orders that have already been completed.
  5. A Customer who has registered may submit a request to the Seller to delete their Customer Account; in the event that the Seller receives such a request, the Customer Account may be deleted within 14 days of the request being made.
  6. The Opinion Posting Service enables the Seller and Customers who hold a Customer Account to publish on the Shop’s Website individual and subjective statements made by the Customer specifically regarding the Goods.
  7. The posting service may be cancelled at any time; this involves the removal of the content posted by the Customer on the Shop’s website.
  8. The Seller is entitled to block access to the Customer’s Account and free services if the Customer acts to the detriment of the Seller or other Customers, if the Customer breaches the provisions of the law or the Terms and Conditions, and also where blocking access to the Customer’s Account and free services is justified on security grounds - in particular: the Customer compromising the security of the Shop’s website or engaging in other hacking activities. The blocking of access to the Customer’s Account and free services for the aforementioned reasons shall remain in force for the period necessary to resolve the issue giving rise to the blocking of access to the Customer’s Account and free services. The Seller shall notify the Customer of the blocking of access to the Customer’s Account and free services by email to the address provided by the Customer in the registration form.

§ 11 The customer’s liability in respect of content posted by the customer

  1. By posting content and making it available, the Customer is voluntarily distributing the content. The posted content does not reflect the views of the Seller and should not be equated with the Seller’s business. The Vendor is not a content provider, but merely an entity that provides the necessary ICT resources for this purpose.
  2. The customer declares that:

(a) he or she is entitled to exercise copyright, industrial property rights and/or related rights in – respectively – works, industrial property rights (e.g. trade marks) and/or related rights which form part of the content;
(b) the inclusion and disclosure of personal data, images and information relating to third parties within the scope of the services referred to in § 10 of the Terms and Conditions was lawful, voluntary and carried out with the consent of the persons concerned;
(c) allows other Customers and the Seller to view the published content and authorises the Seller to use it free of charge in accordance with these Terms and Conditions;
(d) agrees to create works within the meaning of the Act on Copyright and Related Rights.

  1. The customer is not entitled to:
    (a) upload personal data relating to third parties and disseminate images of third parties without the legally required permission or consent of the third party as part of the use of the services referred to in §10 of the Terms and Conditions;
    (b) display advertising and/or promotional content as part of the use of the services referred to in clause 10 of the Terms and Conditions.
  2. The Seller shall be liable for content posted by Customers, provided that it has received notification in accordance with §12 of the Terms and Conditions.
  3. Customers are prohibited, whilst using the services referred to in §10 of the Terms and Conditions, from posting content which could, in particular:
    (a) be posted in bad faith, e.g. with the intention of infringing the personal rights of third parties;
    (b) infringe any third-party rights, including those relating to copyright and related rights, industrial property rights, trade secrets or confidentiality obligations;
    (c) be offensive or threatening to other people, or use offensive language (e.g. by using swear words or expressions that are generally regarded as offensive);
    (d) be contrary to the interests of the Seller;
    (e) violate the provisions of the Rules, good manners, applicable laws, social norms or customs in any other way.
  4. In the event of receipt of a notification pursuant to §12 of the Terms and Conditions, the Seller reserves the right to amend or remove content posted by Customers as part of their use of the services referred to in §10 of the Terms and Conditions, in particular content which, based on reports from third parties or relevant authorities, has been found to breach these Terms and Conditions or applicable laws. The Seller shall not carry out ongoing monitoring of the posted content.
  5. The Customer agrees that the Seller may use the content posted by the Customer on the Store’s website free of charge.

§ 12 Reporting a threat or a breach of rights

  1. If the Customer or any other person or entity considers that the content published on the Store’s website infringes their rights, personal rights, public decency, feelings, morality, beliefs, the principles of fair competition, know-how, or a secret protected by law or subject to a duty of confidentiality, they may notify the Seller of the potential infringement.
  2. Upon being notified of a potential infringement, the Seller shall take immediate action to remove the infringing content from the Store’s website.

§ 13 Cookies

  1. As part of the operation and provision of the Online Shop, the Seller collects information automatically contained in cookies. When the Customer uses the Online Shop, cookies are collected and stored by the Seller’s server on the hard drive of the Customer’s end device.
  2. The Seller is the entity that places cookies on the Customer’s terminal equipment and has access to them.
  3. The Seller’s use of cookies is intended solely to ensure the correct operation of the Shop’s website on customers' devices. The Seller may use cookies in order to:
    (a) adapting the content of the Online Store’s website to the Customer’s individual preferences, in particular, but not exclusively, by using cookies to recognise the Customer’s device and its specifications in order to display the Online Store’s website correctly;
    (b) to compile statistics to help understand customer preferences and behaviour, provided that the statistics remain anonymous;
    (c) provide login facilities for the Customer Account;
    (d) maintain the Customer’s login to the Customer Account on each subsequent page or sub-page of the Online Shop.
  4. The Customer retains the right to disable the use of cookies via the web browser installed on the terminal device, provided that disabling or blocking cookies may make it difficult or impossible to

§ 14 Protection of personal data

  1. The data controller for customers’ personal data within the meaning of the GDPR is MODECO TRADING SP.J. M. BORKOWSKI, U. BORKOWSKA, 15-585 Białystok, ul. Zabłudowska 41, VAT No.: PL9662224513
  2. The legal basis for processing the Customer’s personal data is:
    (a) the Sales Contract, insofar as the processing of personal data is necessary for the performance of the order and the Sales Contract; or
    (b) the Customer’s consent given at any stage during registration, the placing or execution of the Order, the use of the Electronic Services or the conclusion of the Sales Agreement – in other cases.
  3. The Customers' personal data provided during registration, when placing an order or via the Application are processed by the Seller in accordance with the principles set out in the GDPR and solely for the purpose of providing access to the functionality of the Online Shop, managing the Customer Account, completing the ordering and delivery process, providing electronic services, handling complaints and protecting the Customer’s rights relating to the warranty or guarantee provided for the Goods.
  4. The Seller shall retain the right to transfer the Customers' Personal Data to third parties only to the extent necessary for the fulfilment of the Order, the Delivery or the complaints process. In this regard, the Customer’s Personal Data may be disclosed to the following recipients:
    (a) Courier companies delivering the Goods to the Customer;
    (b) to the Service Centre – in cases involving electrical equipment;
    (c) entities providing services to the Seller:
    (i) IT;
    (ii) accounting and bookkeeping;
    (iii) legal or tax advice;
    - only to the extent necessary for the proper performance of the Sales Agreement or to ensure the proper functioning of the Seller.
  5. The Seller shall safeguard the Personal Data provided to it and shall use its best endeavours to protect it from unauthorised access or use by any unauthorised parties.
  6. The processing of personal data will take place in accordance with the principles set out in the GDPR. The Customer has the right at any time to access the personal data processed by the Seller, as well as the right to rectify or erase such data, in accordance with the principles set out in the GDPR. On the same basis, the Customer has the right to withdraw consent to the processing of personal data in cases where consent forms the basis for such processing.
  7. In relation to the processing of the Customer’s personal data by the Controller, the Customer has the right to lodge a complaint with the competent supervisory authority.
  8. The Customer’s personal data may be used by the Controller for automated decision-making, including profiling. Automated decisions are made on the basis of Customer data held or collected by the Controller, including transaction history, internet browsing history, and a record of products viewed in the Online Shop without placing an order. The process utilises the data and files referred to in paragraphs 26.1–26.4 of the Terms and Conditions. These decisions are made automatically based on statistical analyses. Profiling is used in particular to select advertisements displayed whilst using the internet, and to select products offered to the Customer based on what, in the Administrator’s opinion, the Customer may need or expect.
  9. Unless otherwise provided for in the Terms and Conditions, the Customer’s consent to the processing of Personal Data is voluntary, subject to the proviso that failure to provide certain Personal Data:
    (a) during the registration process, makes it impossible to complete the registration process and activate the customer account;
    (b) in the event that an Order is executed without the registration process having been carried out, prevents the Order from being placed and executed; and
    (c) in the event of a complaint, makes it impossible to carry out the complaints procedure.

10. By registering, placing an order or making a submission, the Customer consents to the processing of personal data for the purpose and to the extent set out in paragraph 27.3 above. The consent referred to in the preceding sentence may be given by ticking the appropriate box in the relevant online form published on the Online Shop.

11. Subject to paragraph 27.12 below, the Customers' Personal Data shall be stored and processed by the Seller for a period of five (5) years from the date on which the Seller concluded the last Sales Contract with the Customer or from the date of Registration.

12. The personal data of the Customer who has completed the registration and activated their Customer Account shall be stored and processed by the Seller for the duration of the provision of the electronic Customer Account Service to the Customer and for five (5) years from the date on which the Customer Account is deleted.

13. The provisions of paragraphs 27.11 to 27.12 above shall be without prejudice to the Customer’s right to request the immediate deletion of the Customer’s Personal Data if any of the following circumstances apply:
(a) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
(b) the data subject has withdrawn the consent on which the processing is based and there is no other legal basis for the processing under generally applicable law;
(c) the data subject objects to the processing and there are no overriding legitimate grounds for the processing;
(d) personal data has been processed unlawfully;
(e) personal data must be erased in order to comply with a legal obligation under Union law or the law of a Member State to which the controller is subject;
(f) the personal data was collected in connection with the provision of information society services.

§ 15 Settlement of disputes

  1. Subject to paragraph 28.2 below, any disputes, with the Customer’s consent, shall be resolved through mediation or an amicable settlement; and in the absence of an agreement between the parties, any disputes that may arise between the Seller and the Customer shall be resolved by the ordinary courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws 1964 No. 43, item 296, i.e. Journal of Laws 2014, item 101, as amended).
  2. Any disputes that may arise between the Seller and a Customer who is not a Consumer shall be settled by a court of general jurisdiction with jurisdiction over the Seller’s registered office.

§ 16 Final provisions

  1. The Regulations shall come into force on 29 October 2018 and shall remain in force for an indefinite period.
  2. The Seller reserves the right to amend the Terms and Conditions. Amendments to the Terms and Conditions shall take effect on the date specified in the addendum or amendment to the Terms and Conditions, but not earlier than fourteen (14) days from the date of their publication on the Online Shop’s website. With regard to transactions concluded before the effective date of amendments to the Terms and Conditions, the provisions of the Terms and Conditions in force on the date the transaction was concluded shall apply.
  3. The current Terms and Conditions are published on the Online Shop’s website and are available at the Seller’s premises.
  4. The law applicable to the Terms and Conditions shall be Polish law, and in matters not covered by the Terms and Conditions, the relevant provisions of general Polish law shall apply, in particular, but not exclusively, the provisions of the Civil Code or the Act of 30 May 2014 on consumer rights. (i.e. Journal of Laws of 2017, item 683, as amended). The provisions of the United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on 11 April 1980 (Journal of Laws of 1997, No. 45, item 286, as amended) shall not apply to the provisions of the Terms and Conditions and the Sales Agreements.
  5. All activities relating to the processing of the Order, the fulfilment of the Delivery and the handling of complaints are carried out in Polish. Contracts for electronic services shall be concluded in Polish.
  6. Should any provision of the Terms and Conditions prove or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of the Terms and Conditions.