Terms and Conditions

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR CONCLUDING A SALES AGREEMENT
METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
COST, METHODS AND DEADLINE FOR DELIVERY AND COLLECTION OF THE PRODUCT
PRODUCT COMPLAINTS
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
ADDITIONAL PROVISIONS
FINAL PROVISIONS

1. GENERAL PROVISIONS

1.1. The Online Store available at the internet address www.modura.pro is operated by the company TORIN HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łódź (registered office and service address: Al. T. Kościuszki 93/19, 90-436 Łódź); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0001178858; registry court where the company's documentation is kept: District Court for Łódź-Śródmieście in Łódź, XX Commercial Division of the National Court Register; share capital in the amount of: 5,000.00 PLN; NIP: 7252356326; REGON: 542001630; e-mail address: office@modura.pro.

1.2. This Online Store is addressed exclusively to entrepreneurs. The Online Store, as well as the Terms and Conditions and all provisions contained therein, are addressed to and thus bind exclusively the Client and the Service Recipient who is neither a consumer nor a natural person concluding an agreement directly related to their business activity, when it results from the content of such agreement that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Business.

1.3. The controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period, and based on the grounds and principles indicated in the privacy policy published on the Online Store's website. The privacy policy contains primarily rules regarding the processing of personal data by the Controller in the Online Store, including the grounds, purposes, and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the associated provision of personal data by the Service Recipient or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).

1.4. Definitions:

1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.

1.4.2. REGISTRATION FORM – a form available in the Online Store allowing for the creation of an Account.

1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store allowing for the placement of an Order, in particular by adding Products to an electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. CLIENT – (1) a natural person being an entrepreneur for whom the use of the Online Store, including the conclusion of Sales Agreements, is directly related to their business activity and is of a professional nature for that person; (2) a legal person; or (3) an organizational unit without legal personality granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

1.4.6. ACCOUNT – an Electronic Service, a collection of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.

1.4.7. PRODUCT – a movable item, service, or right available in the Online Store being the subject of a Sales Agreement between the Client and the Seller.

1.4.8. TERMS AND CONDITIONS – these terms and conditions of the Online Store.

1.4.9. ONLINE STORE – the Service Provider's online store available at the internet address: www.modura.pro.

1.4.10. SELLER; SERVICE PROVIDER – the company TORIN HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łódź (registered office and service address: Al. T. Kościuszki 93/19, 90-436 Łódź); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0001178858; registry court where the company's documentation is kept: District Court for Łódź-Śródmieście in Łódź, XX Commercial Division of the National Court Register; share capital in the amount of: 5,000.00 PLN; NIP: 7252356326; REGON: 542001630; e-mail address: office@modura.pro.

1.4.11. SALES AGREEMENT – a sales or product performance agreement concluded or being concluded between the Client and the Seller via the Online Store.

1.4.12. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

1.4.13. SERVICE RECIPIENT – (1) a natural person being an entrepreneur for whom the use of the Online Store is directly related to their business activity and is of a professional nature for that person; (2) a legal person; or (3) an organizational unit without legal personality granted legal capacity by law using or intending to use an Electronic Service.

1.4.14. ORDER – the Client's declaration of intent submitted via the Order Form and aiming directly at the conclusion of a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account and Order Form.

2.1.1. Account – use of the Account is possible after performing a total of two subsequent steps by the Service Recipient and confirmation of the Account creation by the Service Provider. The procedure for creating an Account requires in total: (1) completion of the Registration Form by the Service Recipient, (2) clicking the action field by them, and subsequently (3) confirmation of the Account creation by the Service Provider. The Service Provider will confirm the creation of the Account or refuse confirmation within 7 Working Days from the submission of the completed Registration Form by the Service Recipient. In the Registration Form, it is necessary for the Service Recipient to provide the following data: e-mail address and password.

2.1.1.1. The Electronic Service "Account" is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to remove the Account (resign from the Account) by sending an appropriate request to the Service Provider via e-mail to: office@modura.pro or in writing to the address: Al. T. Kościuszki 93/19, 90-436 Łódź.

2.1.2. Order Form – use of the Order Form begins when the Client adds the first Product to the electronic cart in the Online Store. Placing an Order requires prior login to one's Account in the Online Store (in its absence, prior creation is necessary) and occurs after the Client performs a total of two subsequent steps: (1) after filling out the Order Form and (2) clicking the action field on the Online Store website confirming the placement of the Order after filling out the Order Form – until this moment, there is a possibility of independent modification of the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Client to provide the following data regarding the Client: company name, NIP number or its equivalent, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment.

2.1.2.1. The Electronic Service "Order Form" is provided free of charge and is of a one-time nature and concludes upon placement of the Order through it or upon earlier cessation of placing the Order through it by the Service Recipient.

2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop, or other multimedia device with Internet access; (2) access to electronic mail; (3) web browser in an up-to-date version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the option to save Cookies and Javascript support in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.

2.4. Complaint procedure regarding Electronic Services:

2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure indicated in point 6 of the Terms and Conditions), the Service Recipient shall submit:

2.4.1.1. in writing to the address: Al. T. Kościuszki 93/19, 90-436 Łódź;

2.4.1.2. in electronic form via e-mail to the address: office@modura.pro.

2.4.2. It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Service Provider.

2.4.3. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1. The conclusion of a Sales Agreement between the Client and the Seller takes place after the Client has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions and subsequently confirmed its acceptance for processing by the Seller.

3.2. The Product price displayed on the Online Store website is given in the currency indicated on the Online Store website. Additional taxes or fees may be added to the Product price where applicable.

3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form:

3.3.1. To conclude a Sales Agreement between the Client and the Seller, it is necessary for the Client to first place an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.

3.3.2. After the Order is placed by the Client, the Seller confirms its receipt.

3.3.3. Subsequently, within 7 Working Days from receiving the Order, the Seller confirms or refuses acceptance of the Order for processing, which is equivalent to the conclusion of the Sales Agreement. The Seller may refuse to accept the Order for processing without giving a reason.

3.3.4. Confirmation of receipt of the Order and its acceptance for processing occurs by the Seller sending the Client an appropriate e-mail to the address provided during the placement of the Order, which contains respectively the Seller's statement on receipt of the Order or its acceptance for processing.

3.4. The Seller is entitled to the right to withdraw from the Sales Agreement within 21 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Client against the Seller.

3.5. Recording, securing, and making the content of the concluded Sales Agreement available to the Client occurs by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Client the e-mail message referred to in point 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store ICT system.

3.6. The Seller reserves the right to demand from the Client documentation confirming their entrepreneur status (e.g., current printout from CEIDG/KRS, certificate of NIP/REGON assignment). Refusal to submit such documentation entitles the Seller to refuse execution of the Sales Agreement.

4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Client with the following payment methods under the Sales Agreement:

4.1.1. Payment by transfer to the Seller's bank account.

4.2. Payment deadline:

4.2.1. The Client is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.

5. COST, METHODS AND DEADLINE FOR DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Delivery of the Product is available to the countries indicated in the Order Form.

5.2. Delivery of the Product to the Client is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs are indicated to the Client on the Online Store pages during the placement of the Order.

5.3. Personal collection of the Product by the Client is free of charge.

5.4. The Seller provides the Client with the following methods of delivery or collection of the Product:

5.4.1. Pallet shipment.

5.4.2. Personal collection available at the address: Uniq Logistic sp. z o.o. sp. k., ul. Dąbrowskiego 225/243, 93-231 Łódź, on Working Days between 8:00 and 16:00 after prior arrangement of the collection date.

5.5. The Product delivery period to the Client is up to 14 Working Days. The start of the Product delivery period to the Client is calculated in the following way:

5.5.1. In case of the Client choosing the payment method by transfer – from the date the Seller's bank account is credited.

5.6. Deadline for Product readiness for collection by the Client: in case of the Client choosing personal collection of the Product, the Product will be ready for collection by the Client within up to 14 Working Days. The Client will be additionally informed about the readiness of the Product for collection by the Seller. The start of the Product readiness for collection period is calculated in the following way:

5.6.1. In case of the Client choosing the payment method by transfer – from the date the Seller's bank account is credited.

6. PRODUCT COMPLAINTS

6.1. All liability of the Seller for the Product, including under the warranty (rękojmia), is excluded to the maximum extent permitted by applicable law.

7. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

7.1. The Client and the Service Recipient are not entitled to the right to withdraw from the agreement.

7.2. Return or exchange of the Product is possible only with the prior written consent of the Seller and on the terms set by them. The Seller is not obliged to give such consent.

7.3. In case of the Seller expressing consent for the return of the Product, the Client is obliged to cover all costs related to sending the Product back and to return the Product in the original, intact packaging, in an intact and unused condition.

8. ADDITIONAL PROVISIONS

8.1. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.

8.2. In case of the Client's failure to collect the shipment, the Seller, regardless of other rights, has the right to charge them a contractual penalty in the amount of 300 EUR. The reservation of the contractual penalty does not exclude or limit the pursuit of supplementary compensation.

8.3. The Seller's liability for the Product's non-compliance with the Sales Agreement is excluded.

8.4. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending an appropriate statement to the Service Recipient.

8.5. The liability of the Service Provider/Seller towards the Service Recipient/Client, regardless of its legal basis, is limited – both within a single claim as well as for all claims in total – to the height of the price paid under the Sales Agreement, but not more than the amount of one thousand EUR. The monetary limit referred to in the previous sentence applies to all claims directed by the Service Recipient/Client towards the Service Provider/Seller, including in the case of failure to conclude a Sales Agreement or those unrelated to the Sales Agreement. The Service Provider/Seller bears liability towards the Service Recipient/Client only for typical damages foreseeable at the time of concluding the agreement and does not bear liability for lost profits. The Seller also does not bear liability for delay in transport of the shipment and damages occurring during transport.

8.6. The Seller does not bear liability to the maximum extent permitted by applicable law for: (1) damages resulting from improper use of the Product by the Client or third parties to whom the Client made the Product available; (2) damages resulting from failure to follow instructions, tips regarding use, assembly, storage or maintenance of the Product; (3) damages resulting from natural wear and tear of the Product; (4) indirect, secondary, accidental, special or consequential damages, including loss of profit, loss of revenue, loss of data, loss of good name, interruption in business, regardless of whether the Seller was informed of the possibility of such damages occurring; (5) damages caused by the Products to third parties; (6) damages resulting from circumstances for which the Seller is not liable, including force majeure events; (7) benefits which the Client could have achieved if the damage had not been caused (lost profits); (8) damages resulting from delay in delivery, unless it was caused by the Seller intentionally; (9) errors or inaccuracies in the descriptions of the Products placed in the Store, unless the Client demanded written confirmation from the Seller of specific properties of the Product before concluding the Agreement; (10) damages resulting from the action or omission of service providers, including courier companies, postal service providers, payment operators and other third parties.

8.7. The Seller does not grant the Buyer any quality guarantee for the Products, unless a separate guarantee document signed by an authorized representative of the Seller and issued to the Buyer clearly states otherwise. Any guarantee granted by the manufacturer of the Product is independent of the Seller. The Seller is not responsible for the manufacturer's obligations resulting from the guarantee granted by them, and only as far as they are obliged by legal provisions, mediates in the transmission of the guarantee complaint to the manufacturer.

8.8. All descriptions, technical data, photos, drawings and other materials regarding the Products placed in the Online Store are for illustrative and informative purposes only. They do not constitute an assurance of the properties of the Product, unless the Seller clearly indicates otherwise in writing.

8.9. The Seller makes efforts to ensure that the information placed in the Online Store is reliable and up-to-date, however, they do not guarantee its completeness, accuracy or up-to-dateness. The Seller reserves the right to change the offer, prices, descriptions and specifications of Products at any time without prior notice.

8.10. The provisions of this point do not exclude the Seller's liability for damage caused intentionally.

8.11. Any disputes occurring between the Seller/Service Provider and the Client/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

9. FINAL PROVISIONS

9.1. Invalidity or ineffectiveness of any of the provisions of the Terms and Conditions does not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a provision closest to the purpose intended by the Parties shall apply.

9.2. Agreements concluded through the Online Store are concluded in accordance with Polish law.

9.3. Any disputes resulting from the Agreement or related to it, the Parties undertake to resolve amicably in the first instance. In the absence of an agreement, disputes shall be settled by the Polish common court having jurisdiction over the registered office of the Seller.

9.4. Change of Terms and Conditions: The Seller reserves the right to change the Terms and Conditions at any time. Changes enter into force on the day of their publication in the Store. For Agreements concluded before the day of entry into force of the changes, the Terms and Conditions in the wording effective at the moment of concluding the Agreement shall apply.

9.5. The governing law for all legal relations resulting from these Terms and Conditions and agreements concluded on its basis is Polish law. The Parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods made in Vienna on April 11, 1980 (CISG/VCLT).

9.6. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended) and other relevant provisions of generally applicable law.