Order

WEBSHOP REGULATIONS

1. These Regulations set out the general terms and conditions, rules and manner of sales conducted by MODECO S.C. J. Borkowski, U. Borkowska, based in Białystok, via modeco-sklep.pl online shop (hereinafter referred to as the "Online Store") and determines the terms and conditions for the provision by MODECO S.C . J. Borkowski, U. Borkowska Sklep internetowy modeco-design.pl , seated in Białystok, provides free of charge electronic services.

§ 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 performing the Supply of Goods

4 Password - means a sequence of letter, digital or other characters chosen by the Customer during the Registration in the Online Shop, used to secure access to the Customer's Account in 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 making a legal transaction with a trader which is not directly related to his/her commercial or professional activity.

7. Customer Account - means an individual panel for each Customer, launched for his/her benefit by the Seller, after the Customer has registered and concluded 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, conducting in its own name economic or professional activity and performing a legal action directly related to its economic or professional activity.

9 Regulations - means these Regulations.

10. Registration - means an actual action performed in the manner specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online Shop.

11. seller - means: MODECO S.C. J. Borkowski, U. Borkowska, 15-585 Białystok, 41 Zabłudowska Street, Nip: 966-208-73-64, Phone: 85 7431343, Email address: modeco.biuro@op.pl

12. Store Website - means the website under which the Seller operates the Online Store, operating under the domain modeco-design.pl

13) Goods - means a product presented 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 unchanged reproduction of the stored information.

15. sales contract - means a distance sales contract, on the terms and conditions specified 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 property copyright, intellectual property rights to its name, its Internet domain, the Store's Website, as well as to the templates, forms, logotypes placed on the Store's Website (with the exception of logotypes and photographs presented on the Store's Website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and their use may be performed only in the manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.

(2) The Seller will endeavour to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Store's Website are a web browser with at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or later, with Javascript enabled, accepting cookies and an Internet connection of at least 256 kbit/s. The Shop website is optimised for a minimum screen resolution of 1024×768 pixels.

(3) The Seller uses the mechanism of "cookies" files, which are saved by the Seller's server on the hard drive of the Customer's terminal device when the Customers use the Shop's Website. The use of cookies is aimed at the proper operation of the Shop's Website on Customers' terminal devices. This mechanism does not damage the Customer's terminal equipment and does not cause any configuration changes to 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 e-mail and to use the services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account.

(5) In order to place an order in the Online Shop by telephone, it is necessary for the Customer to have an active telephone number and an active e-mail account.

(6) It is forbidden for the Customer to provide unlawful content and to use the Internet Store, the Store's Website or free services provided by the Seller in a manner contrary to the law, good morals or violating the personal rights of third parties.

The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorised persons, therefore Customers should use appropriate technical measures to minimise the aforementioned risks. In particular, they should use anti-virus and identity protection software to protect the identity of those using the Internet. The Seller will never ask the Customer to provide the Password in any form.

(8) It is not permissible to use the resources and functions of the Online Shop for the purpose of carrying out activities by the Customer that would harm the interests of the Seller.

§ 3 Registration

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

2 Registration is not necessary to place an order in the Online Shop.

(3) For Registration, the Customer should fill in the registration form made available by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.

(4) When completing the registration form, the Customer has the opportunity to read the Terms and Conditions by accepting their content by marking the appropriate box on the form.

(5) During Registration, the Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by ticking the relevant box on the Registration form. In this case, the Vendor shall clearly inform about the purpose of the collection of the Customer's personal data, as well as about the known or expected recipients of such data.

(6) The Customer's consent to the processing of his/her personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the service of maintaining the Customer's Account. Consent may be withdrawn at any time by submitting an appropriate declaration of the Customer to the Seller. The declaration may, for example, be sent to the Seller's address via e-mail.

(7) After submitting the completed registration form, the Customer receives immediately, by e-mail to the e-mail address provided in the registration form, confirmation of Registration by the Seller. At this moment, the agreement on electronic provision of the service of maintaining the Customer's Account is concluded, and the Customer obtains the possibility to access the Customer's Account and make changes to the data provided during the 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 only an invitation to Customers to submit offers for the conclusion of a Sales Contract.

(2) The customer may place orders in the Online Shop via the Shop's Website or by e-mail 7 days a week, 24 hours a day.

(3) The customer may place orders in the Online Store by telephone during the hours and days indicated on the Store's Website.

(4) The Customer placing an order via the Store's Website, completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting the "ADD TO CART" command under the given Goods presented on the Store's Website. The Customer, having completed the entire order and having indicated in the "CART" the method of delivery and the form of payment, places the order by sending the order form to the Seller by selecting the "Order with obligation to pay" button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as all additional costs he/she is 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 Client places the order by telephone, specifying to the Seller the name of the Goods from among the Goods on the Store's Website and the quantity of the Goods he/she wishes to order. Then, after completing the whole order, the Client specifies the manner and address of delivery and the form of payment, as well as indicates, at his or her choice, his or her e-mail address or correspondence address for the purpose of confirming the order. Each time the Customer places an order by telephone, the Seller informs the Customer about the total price of the selected Goods and the total cost of the selected Delivery method, as well as all additional costs the Customer is obliged to pay in connection with the Sales Agreement.

(6) A Customer placing an order via e-mail, sends it to the e-mail address provided by the Seller on the Store's Website. The Client, in the message sent to the Seller, specifies in particular: the name of the Goods, colour and its quantity, from among the Goods presented on the Store's Website, and his/her contact details.

(7) After receiving from the Client via e-mail the message referred to in §4.7, the Seller shall send a return message to the Client via e-mail, specifying his registration data, the price of the selected Goods and possible forms of payment and the manner of Delivery together with its cost, as well as information about all additional payments to be made by the Client under the Contract of Sale. The message also contains information for the Customer that the conclusion of the Sales Contract by the Customer via e-mail entails the obligation to pay for the ordered Goods. On the basis of the information provided by the Seller, the Customer may place an order by sending an e-mail message to the Seller indicating the selected form of payment and method of Delivery.

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

(9) Once an order has been placed, the Seller sends a confirmation of the order to the e-mail address provided by the Customer.

(10) Next, after confirming the order, the Seller sends to the e-mail address provided by the Customer information about accepting the order for processing. The information about accepting the order for fulfilment is the Seller's statement of accepting the offer referred to in §4 section 9 above and upon its receipt by the Customer the Sales Agreement is concluded.

(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 e-mail address or in writing to the address indicated by the Customer during Registration or order placement.

§ 5 Payments

1. the prices on the Website of the Store placed next to the given Goods are gross prices and do not include information on delivery costs and any other costs which the Customer will be obliged to incur in connection with the contract of sale, of which the Customer will be informed while selecting the manner of delivery and placing the order.

2 Forms of payment for ordered Goods:

a) bank transfer to the Seller's bank account (the processing of the order will be commenced after the Seller has sent the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller's bank account);

3. The customer should make payment for the order in the amount resulting from the concluded sales contract within 7 working days.

(4) In the event that the Customer fails to make payment within the time limit referred to in §5.3 of the Terms and Conditions, the Seller shall withdraw from the Contract of Sale and send a statement of withdrawal from the Contract to the Customer on a durable medium pursuant to Article 491 of the Civil Code.

§ 6 Delivery

(1) The Seller shall be obliged to deliver the Goods subject to the Sales Contract without defects.

(2) The Seller shall post on the Store's Website information on the number of Working Days required for Delivery and Order Processing.

(3) The time limit for Delivery and fulfilment of an order indicated 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 indicated on the order form.

On the day of dispatch of the Goods to the Customer, information confirming the dispatch by the Seller is sent to the Customer's e-mail address.

The Customer shall be obliged to examine the delivered parcel at the time and in the manner usual for parcels of a given 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 protocol.

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

(8) In the event that the Customer is not present at the address provided by the Customer when placing the order as the Delivery address, an employee of the Supplier will leave a postcard or attempt to contact the Customer by telephone to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Shop by the Supplier, the Seller will contact the Customer by email or telephone, re-arranging with the Customer the date and cost of Delivery.

§ 7 Warranty

(1) The Seller shall ensure delivery of Goods 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 have a defect, the Customer may submit a statement to the Seller for repair or replacement of the Goods. The Seller shall be obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience for the Customer. The cost of repair or replacement shall be borne by the Seller.

(3) The Customer who exercises the warranty rights is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer, the cost of delivery is paid by the Buyer.

(4) The Seller shall be liable under the warranty if a physical defect is discovered before the lapse of one year from the delivery of the Goods to the Customer. The 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) Any complaints relating to the Goods or the performance of the Sales Contract may be addressed by the Customer in writing to the Seller's address.

(6) The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint of the Goods or the complaint relating to the performance of the Sales Contract submitted by the Customer.

(7) The Customer may submit a complaint to the Seller in relation to the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address modeco.biuro@op.pl. In the complaint the Customer should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the Customer with a reply.

(8) The Seller shall not use the out-of-court dispute resolution referred to in the Act of 23 September 2016, on 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 who has concluded a Sales Contract may withdraw from the Contract within 14 days without stating a reason. This applies only to products that are in regular sale. Products offered as "custom-made" and with a lead time of more than 7 days are not refundable.

Products offered as "custom-made" are ordered from manufacturers to the individual order of the buyer, these products are personalised to the specific buyer and cannot be returned.

(3) The period for withdrawal from the Sales Contract shall begin when the Consumer takes possession of the Goods.

A consumer may withdraw from a Sales Agreement by submitting a declaration of withdrawal to the Seller. This does not apply to "custom-made" products. Such a declaration may be made, for example, in writing to the address of the Seller, by e-mail to the address of the Seller. The declaration may be made on a form, a specimen of which has been placed by the Seller on the Website of the Shop at the following address: Withdrawal Form. Sending the declaration before its expiry shall be sufficient to meet the deadline.

(3) In the event of withdrawal from the Sales Contract, it shall be deemed not to have been concluded.

(4) If the Consumer has made a declaration of withdrawal from the Sales Contract before the Seller has accepted his offer, the offer shall cease to be binding.

(5) The Seller shall be obliged to return 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 receipt of the Consumer's statement 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 of the Goods being returned, whichever event occurs first.

(6) If the Consumer exercising his right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by him.

(7) The Consumer shall be obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date of withdrawal from the Sales Agreement. It is sufficient to send the Goods back to the Seller's address before this deadline.

(8) In the event of cancellation, the Consumer Customer shall bear only the direct costs of returning the Goods.

(9) If, due to its nature, the Goods cannot be returned by post in the usual manner, the Seller shall inform the Consumer of the cost of returning the Goods on the Shop's Website.

(10) The consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

(11) The Seller shall refund the payment using the same means of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs to the Consumer.

(12) The Customer who is a Consumer shall not be entitled to withdraw from a Sales Contract in relation to contracts in which the Goods are delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery.

(13) If you conclude a Sales Contract as an Entrepreneur, the right to withdraw from a contract concluded remotely within the so-called 14-day return period is not available. The Act of 30 May 2014 on Consumer Rights, Journal of Laws of 24 June 2014, item 827, allowing withdrawal from a contract concluded at a distance, is a consumer law, regulating the relationship between the Entrepreneur and the Consumer, i.e. an individual performing a legal transaction with the Entrepreneur not directly related to his/her economic or professional activity.

14. in accordance with the consumer law, products with an availability specified as "on request" are not subject to returns and therefore withdrawal from the contract, as these are non-standard products imported only to the customer's order.

§ 10 Customised products

Products offered as "custom-made" are ordered from manufacturers to the individual order of the buyer, these products are personalised to the specific buyer and cannot be returned.

(2) Information that a product is made to order will be displayed next to each such product. The delivery time for a given item will vary from 14 to 150 days.

3. the customer will be informed of the exact delivery time during order processing.

§ 10 Free of charge services

(1) The Seller shall provide services to Customers, by electronic means, free of charge:

a) Contact form;

b) Newsletter;

c) Maintenance of the Customer Account;

(d) Posting of opinions.

(2) The services specified in §10.1 above are provided 7 days a week, 24 hours a day.

The Seller reserves the right to choose and change the type, forms, time and manner of granting access to selected listed services, of which it will inform the Customers in a manner appropriate for changing the Terms and Conditions.

(4) The Contact Form service consists of sending a message to the Seller using a form on the Store's Website.

5. cancellation of the free of charge Contact Form service is possible at any time and consists of the discontinuation of the sending of requests to the Seller.

(6) The Newsletter service may be used by each Customer who enters his/her e-mail address, using the registration form made available by the Seller on the Website of the Store. After submitting the completed registration form, the Customer will immediately receive an e-mail confirmation from the Seller at the e-mail address provided in the registration form. At this moment a contract for electronic provision of Newsletter service is concluded.

The customer may additionally tick the appropriate box in the registration form during Registration to subscribe to the Newsletter service.

7th Newsletter service consists of sending by the Seller, to the e-mail address, a message in electronic form containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who subscribed to it.

(8) Each Newsletter addressed to the Customers concerned shall contain, in particular: information on the sender, filled in field "subject", defining the content of the item and information on the possibility and manner of cancelling the free Newsletter service.

(9) The Customer may unsubscribe from the Newsletter at any time by means of an unsubscribe link included in any email sent as part of the Newsletter service or by activating the relevant field in the Customer Account.

(10) The Customer Account Service is available after registration according to the rules described in the Terms and Conditions and consists of providing the Customer with a dedicated panel on the Store's Website, enabling the Customer to modify the data provided during Registration, as well as to track the status of orders and the history of orders already completed.

11. a Customer who has made a Registration may submit a request for deletion of a Customer Account to the Seller, whereby in the case of a request for deletion of a Customer Account by the Seller, it may be deleted up to 14 days after the request.

(12) The Opinion Posting Service consists of enabling the Seller, Customers who have a Customer Account to publish on the Store's Website individual and subjective statements of the Customer concerning, in particular, the Goods.

13. cancellation of the posting service is possible at any time and consists of the discontinuation of the content posted by the Customer on the Shop's Website.

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 violates the provisions of law or the provisions of the Terms and Conditions, and also when blocking access to the Customer's Account and free services is justified by security reasons - in particular: breaking security of the Store's Website by the Customer or other hacking activities. Blocking access to the Customer's Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking 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 e-mail to the address provided by the Customer in the registration form.

§ 11 Liability of the customer in respect of content posted by the customer

By posting content and making it available, the Customer is voluntarily distributing the content. The posted content does not express the views of the Seller and should not be equated with the Seller's business. The Vendor is not a content provider, but only an entity that provides adequate ICT resources for this purpose.

(2) The customer declares that:

a) he/she is entitled to exercise copyright, industrial property rights and/or related rights in - respectively - works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights which comprise 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 legal, voluntary and 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 develop works within the meaning of the Act on Copyright and Related Rights.

3 The customer is not entitled to:
a) upload personal data of 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 §10 of the Terms and Conditions.

4 The Seller shall be liable for the content posted by the Customers, provided that the Seller has received notification in accordance with §12 of the Terms and Conditions.

(5) It is forbidden for Customers, in the course of using the services referred to in §10 of the Regulations, to post 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 related to copyright and related rights protection, industrial property rights protection, business secrets or those related to confidentiality obligations;
c) be offensive or threatening to other persons, or use offensive language (e.g. by using profanity or expressions which are commonly regarded as offensive);
d)be contrary to the interests of the Seller;
e)violate in any other way the provisions of the Rules, good manners, applicable laws, social norms or customs.

(6) In the event of receipt of a notification pursuant to §12 of the Terms and Conditions, the Seller reserves the right to modify or remove content posted by the Customers as part of their use of the services referred to in §10 of the Terms and Conditions, in particular as regards content which, based on reports from third parties or relevant authorities, has been found to violate these Terms and Conditions or applicable laws. The Seller shall not conduct on-going control of the posted content.

(7) 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 violation of rights

(1) In the event that the Customer or any other person or entity considers that the content published on the Store's Website violates their rights, personal rights, good morals, feelings, morality, beliefs, principles of fair competition, know-how, a secret protected by law or under an obligation, they may notify the Seller of the potential violation.

(2) When notified of a potential infringement, the Seller shall take immediate action to remove from the Store's Website, the content causing the infringement.

§ 13 Cookies

As part of the operation and provision of the Online Store, the Seller collects information automatically contained in Cookies. When the Customer uses the Online Store, Cookies are collected and stored by the Seller's server on the hard drive of the Customer's final device.

(2) The Seller is the entity that places Cookies on the Customer's terminal equipment and has access to them.

(3) The use of Cookies by the Seller is aimed solely at the correct operation of the Store Website on the Customers' terminal equipment. The Seller may use Cookies in order to:
a) adapting the content of the website of the Online Store to the individual preferences of the Customer, in particular, but not exclusively, by enabling Cookies to recognise the Customer's device and its specifications in order to correctly publish the website of the Online Store;
b) to prepare statistics to help learn about customer preferences and behaviour, subject to the anonymity of the statistics;
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 shall remain entitled to disable the use of the Cookies mechanism via the Internet browser installed on the terminal device, with the proviso that disabling or blocking Cookies may cause difficulties or make it impossible to

§ 14 Protection of personal data

1 The administrator of the Customers' personal data within the meaning of RODO is MODECO S.C. J. Borkowski, U. Borkowska, 15-585 Białystok, 41 Zabłudowska Street, NIP: 966-208-73-64, Phone: 85 7431343, Email address: modeco.biuro@op.pl

The 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 the Registration, placing or execution of the Order, use of the Electronic Services or conclusion of the Sales Agreement - in other cases.

(3) The Customers' personal data provided during Registration, Ordering or in the Application are processed by the Seller in compliance with the principles set out in the RODO and solely for the purpose of providing access to the functionality of the Online Shop, servicing the Customer Account, completing the Ordering process and delivery, providing Electronic Services, completing the complaint process and protecting the Customer's rights related to the warranty or guarantee granted for the Goods.

(4) The Seller shall remain entitled to transfer the Customers' Personal Data to third parties only to the extent that this is necessary for the execution of the Order, the Delivery or the complaint process. In this regard, the Customer's Personal Data may be passed on 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 that it is necessary for the proper performance of the Sales Agreement or to ensure the proper functioning of the Seller.

(5) The Seller shall protect the Personal Data provided to it and shall use its best endeavours to protect it from unauthorised access or use by any unauthorised entities.

The processing of personal data will take placé under the principles indicated in RODO. The Customer has the right to access the personal data processed by the Seller at any time, as well as the right to correct or delete such data, on the principles indicated in RODO. On the same basis, the Customer has the right to withdraw consent to the processing of personal data in cases where consent is the basis for processing.

7 In relation to the processing of the Customer's personal data by the Administrator, the Customer shall have the right to lodge a complaint with the competent supervisory authority.

(8) The Customer's personal data may be used by the Administrator for automated decision-making, including profiling. Automated decisions are made on the basis of Customer data held or collected by the Administrator, including transaction history, Internet browsing history, history of products browsed in the Online Shop without placing an order. The process uses 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 for the selection of advertisements displayed when using the Internet, the selection of products offered to the Customer to what, in the Administrator's opinion, the Customer may need or expect.

9 Unless otherwise provided in the Terms and Conditions, the Customer's consent to the processing of Personal Data is voluntary, with the proviso that failure to provide certain Personal Data:
a) in the Registration process, makes it impossible to complete the Registration process and launch the Customer Account;
(b) in the event of an Order being executed without the Registration process being carried out, prevents the Order from being placed and executed; and
c) in the case of a Complaint, makes it impossible to carry out the complaint process.

10.By making a Registration, placing an Order or Submission, the Customer consents to the processing of personal data for the purpose and to the extent indicated in paragraph 27.3 above. The consent referred to in the preceding sentence may be expressed by marking the appropriate field in the relevant teleinformation 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 counting from the date of conclusion of the last Sales Contract by the Seller with the Customer or from the date of Registration.

12.Personal data of the Customer who has made the Registration and activated the Customer Account shall be stored and processed by the Seller for the period of the provision of the electronic Customer Account Service to the Customer and for five (5) years from the date of deletion of the Customer Account.

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 one of the following circumstances applies:
(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 unlawfully processed;
(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 offering of information society services.

§ 15 Resolution of disputes
(1) Subject to paragraph 28.2 below, any disputes, with the consent of the Customer, shall be resolved through mediation or arbitration, and in the absence of an agreement between the parties, disputes that may arise between the Vendor and the Customer shall be resolved by common courts with 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).

Any disputes that may arise between the Seller and a Customer who is not a Consumer will be settled by a common court with jurisdiction over the Seller's registered office.

§ 16 Final provisions

(1) The Regulations shall come into force on 29 October 2018. and is introduced for an indefinite period.

(2) The Seller reserves the right to amend the Terms and Conditions. Amendments to the Terms and Conditions shall be effective as of the date indicated in the addendum or amendment to the Terms and Conditions, but not earlier than fourteen (14) days from the date of their announcement on the website of the Online Store. With regard to transactions concluded before the effective date of amendments to the Rules and Regulations, the provisions of the Rules and Regulations in force on the date of conclusion of the transaction shall apply.

(3) The current Terms and Conditions are published on the website of the Online Shop and made available at the registered office of the Seller.

(4) The law applicable to the Terms and Conditions shall be Polish law, and in matters not regulated in 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 related to the handling of the Order, the performance of the Delivery, as well as the complaint process shall be performed in Polish. Contracts for electronic Services shall be concluded in the Polish language.

(6) If any provision of the Terms and Conditions proves or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions of the Terms and Conditions.