Terms and Conditions

MIDMOD.PL PLATFORM TERMS AND CONDITIONS

These Terms and Conditions set out the terms of use of the Platform operated by the Seller at the URL: midmod.pl.

Anyone wishing to use the Platform must read these Terms and Conditions beforehand. In particular, the Customer may make purchases only after reading the Terms and Conditions and accepting the terms set out herein. If the Customer does not accept these Terms and Conditions, they may not use the Platform.

The service provider and owner of the Platform is Maciej Brzoskowski, conducting business under the name Midmod Maciej Brzoskowski, in Wrocław (53-505), ul. Lelewela 4, NIP: 9182130551, REGON: 387945479 (hereinafter: the “Seller”).

Contact details and methods of communication between the Seller and the Customer:

• by email: [email protected]
• by post: ul. Lelewela 4, 53-505 Wrocław;
• by telephone: 503130713

DEFINITIONS:

1. GENERAL PROVISIONS
   1. These Terms and Conditions set out the rules for using the Platform, in particular the terms of use of electronic services, placing and modifying Orders, submitting complaints, making payments and entering into Agreements, as well as other rights and obligations of the Customer and the Seller.
   2. All Product descriptions and other elements of the Platform are for information purposes only and constitute an invitation to enter into an agreement. None of the elements or information contained on the Platform constitutes an offer within the meaning of applicable law.
   3. The Customer may not use the Platform in a manner contrary to these Terms and Conditions, applicable law, good customs or the principles of social coexistence. The Customer is prohibited from providing unlawful content and from using the Platform in a manner that disrupts or prevents its operation.
   4. To use the Platform, the Customer must meet the following minimum technical requirements: i) a device with access to the Internet; ii) an installed web browser updated to the latest version: Edge, Chrome, FireFox, Safari; iii) the ability to save Cookie files (within the scope of files defined as necessary) and support Javascript; iv) an active email account. Recommended minimum screen resolution: 1920×1080 pixels.
   5. Agreements are concluded in accordance with Polish law, provided that this choice may not result in depriving the Consumer of the protection afforded by the mandatory provisions of the law of the country in which they habitually reside.

2. PLATFORM
   1. As part of the Platform and activities undertaken pursuant to these Terms and Conditions, it is possible, among other things, to browse the Platform’s offering, place an Order and subscribe to the Newsletter.
   2. All Product prices displayed on the Platform are gross prices (including VAT), expressed by default in Polish zloty, and are final prices (depending on the options offered by the Platform, it may be possible to change the currency in which the price is expressed).
   3. The Product prices referred to in section 2.2 do not include delivery costs, which are determined in accordance with the information available in the delivery tab on the subpage concerning the relevant Product. If no delivery cost information is provided in that tab, it is possible to agree individually with the Seller on the method and cost of delivering the Product.
   4. For each Order placed on the Platform, proof of purchase is issued in the form of a receipt or VAT invoice, depending on the choices made by the Customer on the Platform or the Seller’s obligations under applicable law.
   5. The Seller reserves the right to change the prices and the number of Products included in the Platform’s offering, as well as to withdraw Products from or add Products to the Platform’s offering, launch and cancel promotional campaigns on the Platform and organise sales. These changes do not affect the rights of persons who entered into an Agreement for Products offered on the Platform before the aforementioned changes were made.
   6. No provision of these Terms and Conditions may be interpreted in a manner that would restrict the rights granted to the Customer as a Consumer under applicable law.
   7. The Platform and its component elements, including its design and content, are protected by copyright and/or other intellectual property rights. These elements may not be reproduced, distributed or published by the Customer, in whole or in part, without the Seller’s consent. In particular, these Terms and Conditions do not allow the Customer to reproduce, distribute, lend, sell or otherwise redistribute, directly or indirectly, whether for consideration or free of charge and bypassing the Seller, any elements of the Platform.

3. ACCOUNT AND ELECTRONIC SERVICES
   1. The Seller provides Customers with free electronic services in the form of Platform functionalities, namely interactive forms, including registration, the Account, the Shopping Cart and placing an Order. When using the forms, the Customer is required to provide true, current and accurate data. If the Customer provides the Seller with incorrect or false data, access to the Platform’s functionalities may not be possible.
   2. To create an Account and become a registered Customer, the Customer must complete the registration procedure. Registration is carried out using a dedicated Platform form, which is then submitted to us through the Platform’s functionality. Upon confirmation that the Account has been created, an agreement for the provision of the Account management service by electronic means for an indefinite period is concluded between the Customer and the Seller.
   3. Creating an Account is not necessary to place an Order. Orders may be placed on the Platform by unregistered Customers, provided that they accept these Terms and Conditions, provide the required personal data and take other actions using the Platform’s functionality.
   4. During registration, the Customer sets a password, which they subsequently use to access the Account. The Customer is obliged to protect the password and may not disclose it to third parties. The Account is non-transferable. The Customer is obliged to update and correct their data within the Account so that it is always accurate, true and current.
   5. The Customer may terminate the Agreement at any time by sending us such a declaration of intent by email, provided that the email address used is the address the Customer used when registering the Account, or by using one of the Platform’s functionalities. Termination is effective upon the Customer submitting the relevant declaration.
   6. The Customer is not entitled to transfer the rights and obligations arising from holding an Account on the Platform to a third party without the Seller’s prior consent.
   7. The Customer may not use other Users’ Accounts or make their own Account available to other persons.
   8. The Customer undertakes not to use the Services on the Platform to: (a) take any action that may hinder or disrupt the operation of the Services or the Platform, or use the Services in a manner that is burdensome for others; (b) take action to the detriment of other Customers, third parties or the Seller; (c) breach the terms of the Agreement or applicable law; (d) use the Platform or Services for purposes other than those for which they are intended; (e) take any other action that may infringe the Seller’s interests.
   9. A breach of these Terms and Conditions, in particular of the rights to the Platform, may result in one of the following actions by the Seller: (a) issuing a warning to the Customer; (b) blocking access to the Account; (c) deleting the Account and consequently terminating with immediate effect the agreement for the provision of electronic services; (d) preventing the Customer from creating an Account again.

4. PRODUCTS
   1. Products offered on the Platform are used movable items. Accordingly, the Seller does not guarantee that they will be free from signs of use or other physical defects resulting from the ageing of the Products.
   2. Neither the Seller nor any third parties provide any warranty for the Products, unless expressly stated otherwise in declarations published on the Platform or provided directly to the Customer in documentary form, failing which they shall be invalid.
   3. In view of the facts indicated in sections 4.1 and 4.2 above, the Seller recommends carefully reviewing the Product description published on the Platform. Complaints concerning defects or damage of which the Customer was informed will not be accepted by the Seller.

5. MIDMOD PRO
   1. The Midmod Pro service is available exclusively to Business Customers. To request access to Midmod Pro, it is necessary to complete the relevant form available on the Platform to Customers who have an Account on the Platform.
   2. The decision to grant access to the Midmod Pro service rests solely with the Seller, and the Seller does not guarantee access to Midmod Pro to every Business Customer who has taken the actions referred to in section 5.1 above.
   3. Obtaining access to Midmod Pro may also be conditional upon acceptance of separate terms and conditions relating to this service.
   4. Midmod Pro may offer promotional prices for the sale of Products, as well as other conveniences for Business Customers. Lower promotional prices will be notified to logged-in Business Customers using Midmod Pro in accordance with applicable law.

6. PLACING ORDERS AND CONCLUDING THE SALES AGREEMENT
   1. To place an Order, the Customer adds Products to the Shopping Cart (a Platform functionality), then enters the required information, including personal data, and clicks the “Place order with obligation to pay” button or a button with equivalent wording, which results in the submission of an offer to enter into an Agreement.
   2. During the Order placement process, until the aforementioned button is activated, the Customer may detect and correct errors in the Order and modify it through the Platform’s sales system.
   3. After this point, the Customer may change the Order, in particular correct errors in the data entered, until the parcel containing the Product is dispatched, by contacting the Seller directly and without delay by telephone or email.
   4. By placing an Order, the Customer submits to the Seller an offer to enter into an Agreement covering the Products specified in the Order. The Agreement is concluded when the Seller accepts the aforementioned offer, upon the Customer receiving confirmation from the Seller that the Order has been accepted for fulfilment.
   5. The conclusion of the Agreement is subject to the following conditions precedent: (a) payment by the Customer; (b) the absence of an error on the Platform concerning the price of the Product. If the Customer has made a payment but the condition precedent concerning the error has not been satisfied, the payment is not due and the Seller will refund it to the Customer promptly after it has been credited to the bank account, but no later than within one Business Day.
   6. The following payment methods may be available on the Platform:
      1. online bank transfer – a secure electronic payment made through Tpay, PayPal or another service;
      2. using the Blik function;
      3. by payment card (VISA, Mastercard) – payment is made and authorised through the Przelewy24 service during a secure, encrypted connection;
      4. using Apple Pay/Google Pay functionality;
      5. traditional bank transfer – the payment is made to the Seller’s bank account.
      6. Except where this is technically impossible, for example in the case of a traditional bank transfer, payments are processed through the TPay payment operator or another payment operator, as indicated on the Platform each time.
   7. The Platform may offer the option of purchasing a Product in instalments. In such a case, it is necessary to conclude a separate agreement with a third party outside the Platform, and the Seller is not liable for the content of such agreement, the third party’s refusal to conclude it or the Customer’s obligations arising from it.
   8. After the Customer places an Order, they receive an email stating that the Seller has received the Order, containing the Order details and number, which should be used in contacts with the Seller, as well as other information required by law.
   9. The Seller confirms acceptance of the Order for fulfilment electronically at the email address provided by the Customer. The Agreement is concluded when the Seller confirms acceptance of the Order for fulfilment.
   10. If the Customer chooses an advance payment method (online bank transfer, traditional bank transfer or payment card), they may modify or cancel the Order only until the payment has been made. The content of the Agreement being concluded is recorded, secured and made available through the Platform’s sales system and is sent to the Customer’s email address or in writing to the address indicated by the Customer in the Order. The Customer who has placed an Order will receive a digital document confirming the conclusion of the Agreement, together with its content.
7. PLACING ORDERS AND CONCLUDING THE SALES AGREEMENT
   1. The Order fulfilment time depends on the type of Product purchased by the Customer, but will not exceed 60 days.
   2. Order fulfilment begins once confirmation of acceptance of the Order for fulfilment has been sent electronically. Orders are fulfilled in the order in which they are placed by Customers.
   3. If some of the Products included in the Order are unavailable, the Customer will be notified of this promptly by email or telephone. In this case, the Customer has the right to choose partial fulfilment or cancel the Order by sending the relevant information to the Platform’s email address: [email protected]. Fulfilment of the Order will be suspended until the Seller has been informed of the Customer’s decision. If no relevant information is received within 7 days of notifying the Customer, the Order will be cancelled.
   4. If all the Products included in the Order are unavailable, the Consumer will be notified of this promptly by email or telephone, and the Order will be cancelled.
   5. If the Customer has paid for the Order and it has been cancelled, the Seller will refund the full amount paid to the bank account from which the Order was paid. If the Customer has paid for the entire Order but, due to some of the Products included in the Order being unavailable, has chosen partial fulfilment, the Seller will refund the Customer the part of the amount paid corresponding to the value of the unfulfilled Order to the bank account from which the Order was paid.
8. DELIVERY
   1. The Seller sells Products within the territory of European Union Member States, while reserving the right to block the sale and Delivery of Products to particular countries. Information about this will be displayed each time in a prominent place on the Platform. Such a restriction may also apply to sales to Consumers.
   2. If delivery to a particular location is not possible according to the information provided on the Platform, the Customer may contact the Seller to make individual arrangements regarding the possibility of placing an Order and delivering it to the location indicated by the Customer. In such a case, the final decision to conclude the Agreement is made by the Seller.
   3. Unless otherwise expressly stated in the information published on the Platform in the Order form, Delivery is subject to a fee, the amount of which is indicated in the relevant tab on the Platform website and in the Order form.
   4. The Delivery time depends on the type of Product purchased and the destination, in particular the country, selected by the Customer. The Delivery date is communicated to the Customer by email during the Order fulfilment process, together with information about the entity carrying out the Delivery, the dispatch date and the tracking/consignment number. If this functionality is available in the system of the entity carrying out the Delivery, the Customer may be able to track the shipment through the relevant website.
   5. Products may be delivered directly by the Seller, as well as by the Seller’s partners or freight forwarding or courier companies selected by the Seller. Regardless of the method of Delivery, the Seller guarantees that its cost will not exceed the Delivery cost paid by the Customer as part of the Order.
   6. In most cases, due to the nature of the Products, the Seller offers delivery only directly to the Customer and does not provide for the use of parcel lockers or similar devices for delivering Products, except for small items that are not easily damaged during transport. The possibility of delivering a given Product using a parcel locker will be communicated on the Platform each time. Costs related to returns, subject to Consumers’ rights under applicable law, are borne by Customers (and in some cases refunded to Customers by the Seller) on the terms set out in the relevant information tab https://midmod.pl/dostawa available on the Platform.
9. RETURNS (RIGHT OF WITHDRAWAL)
   1. A Consumer who has entered into an Agreement is entitled to withdraw from it within 14 days (from the date on which the last of the Products covered by the Agreement was delivered), without giving any reason and without incurring any costs, except for the costs referred to in section 7.7 below.
   2. In some cases, Products may be non-prefabricated goods manufactured according to the Consumer’s specifications or serving to meet their individualised needs. In such a case, the Consumer will not have the right to withdraw from the Agreement, of which they will be informed each time before the Agreement is concluded.
   3. To meet the withdrawal deadline, it is sufficient to send the relevant declaration (the template of which constitutes Appendix 1 to these Terms and Conditions) to the Seller’s correspondence address indicated at the beginning of these Terms and Conditions or to the email address also indicated at the beginning of these Terms and Conditions. Use of the template referred to above is not mandatory; the Consumer simply needs to submit an unequivocal declaration of withdrawal from the Agreement.
   4. If the Consumer withdraws from the Agreement, the Agreement is deemed not to have been concluded.
   5. The Seller will promptly, and no later than within 14 days from the date of receipt of the declaration, refund the Consumer all payments made by them, including the cost of delivering the Product, using the same payment method used by the Consumer.
   6. If the Seller has not offered to collect the Product from the Consumer, it may withhold the refund of payments received from the Consumer until it receives the Product back or the Consumer provides proof of returning it, whichever event occurs first.
   7. In some cases, the Consumer may incur the following costs:
      1. if the Consumer chose a method of delivering the Product other than the cheapest standard delivery method available on the Platform, the Seller is not obliged to refund the Consumer any additional costs incurred by them;
      2. the Consumer bears the direct cost of returning the Product.
      If mandatory provisions of law applicable to the Agreement grant you broader rights than those indicated in this section 7, those legal provisions will apply.
10. COMPLAINTS
    1. Customers are entitled to submit a complaint if the Products do not conform to the Agreement.
    2. Complaints may be submitted to the Seller’s correspondence address indicated at the beginning of these Terms and Conditions or by email to [email protected].
    3. A complaint should contain at least the following information: i) data enabling the Customer to be identified; ii) information concerning the non-conformity of the performance with the Agreement; iii) the type of remedy sought by the Consumer (bringing the Products into conformity with the Agreement, reducing the price or withdrawing from the Agreement). Failure to provide some of this information may make it more difficult and prolong the processing of the complaint.
    4. Complaints are processed by the Seller within 14 days of receipt. If the Seller fails to respond to a complaint within this period, the complaint is deemed to have been accepted.
    5. If a complaint is upheld, the Seller will promptly, and no later than within 14 days from the date on which the complaint is processed, refund the Consumer all payments made by them, including the cost of delivering the Product, using the same payment method used by the Consumer.
    6. A Consumer exercising their rights due to a lack of conformity of the Product with the Agreement is obliged to inform the Seller of their intention to return the Product and then promptly deliver the Product to the address indicated by the Seller in its response. Complaints concerning errors or defects in the Platform’s functionality may be submitted in the same manner as the Product complaint procedure described above and are also processed in an analogous manner.
11. BUSINESS CUSTOMERS
    1. If the Customer is a Business Customer within the meaning of these Terms and Conditions, the following rules apply to them:
       1. upon the Seller handing over the Product, the benefits and burdens associated with the Product, as well as the risk of its accidental loss or damage, pass to the Business Customer;
       2. the Seller is not liable for the events referred to in section 10.1.1 above or for delays in delivery;
       3. The Business Customer is obliged to inspect the shipment containing the Product immediately after delivery. If they find that the Product has been lost or damaged during transport, they are obliged to take all actions necessary to establish the carrier’s liability.
    2. The Seller’s liability towards a Business Customer is limited, both for an individual claim and for all claims in total, to the amount of the price paid and the Delivery costs under the Agreement, but not exceeding one thousand zloty. The Seller is liable to the Business Customer only for typical damage foreseeable at the time the Agreement was concluded and is not liable to the Business Customer for loss of profits. The Seller is not liable for the subsequent fate of the Product after it has been purchased by the Business Customer, including its use by the Business Customer in the territory of another country.
    3. If the fulfilment of an Order depends on a specific action by the Business Customer, the Order fulfilment period is extended accordingly by the period of the Business Customer’s delay in performing their obligation.
12. PERSONAL DATA
    1. The Seller processes the personal data of Customers and their representatives for the purpose of concluding and performing the Agreement. It may also process such data for other purposes indicated in the Privacy Policy, such as fulfilling accounting obligations arising from applicable law.
    2. All information concerning the purposes and scope of personal data processing, its legal bases and the rights of data subjects can be found in the Privacy Policy.
13. NEWSLETTER
    1. The Newsletter subscription service is provided by the Seller to Customers who voluntarily consent to it.
    2. To activate the Newsletter subscription service, the Customer must have a device with Internet access, an installed and updated web browser and an active email address.
    3. To subscribe to the Newsletter, the Customer must take the following steps:
       1. orders the Newsletter through an interactive form available on the Platform by providing their email address,
       2. activates the Newsletter via the link contained in the email sent to the Customer at the address provided during registration.
    4. Upon activation of the subscription, an agreement for the provision of the Newsletter service for an indefinite period is concluded between the Seller and the Customer.
    5. The Customer may terminate the agreement for the provision of the Newsletter service at any time with immediate effect by deactivating the subscription. The Newsletter subscription may be cancelled by activating the relevant link included in the footer of every email sent as part of the Newsletter service. The Customer is prohibited from providing unlawful content as part of the Newsletter service.
14. CHANGES TO THE TERMS AND CONDITIONS
    1. The Seller may amend these Terms and Conditions for important legal reasons (amendments to laws concerning the Seller’s operations), organisational reasons (a change in the way the Seller conducts its business or a change in the Seller’s offering) or technical reasons (modernisation of the Platform, a change in the way the Platform or Services operate, or the addition of new functionalities).
    2. The Customer will be informed of changes to these Terms and Conditions by email sent to the address to which their Account is registered, 14 (fourteen) days before the new Terms and Conditions enter into force. If the Customer does not accept the changes and informs the Seller accordingly, the Seller will delete their Account (the agreement concerning the operation of the Account will be terminated) on the date the new Terms and Conditions enter into force. Otherwise, the Seller will request acceptance of the new Terms and Conditions.
    3. The Seller is entitled to introduce changes to these Terms and Conditions with immediate effect, without observing the period referred to in section 13.2 above, if: i) it is subject to a legal or regulatory obligation requiring it to amend these Terms and Conditions in a manner that prevents it from observing that period; or ii) it must exceptionally amend these Terms and Conditions to address an unforeseen and immediate threat related to protecting online intermediation services, consumers or users against fraud, malware, spam, data breaches or other cybersecurity threats.
    4. Orders placed before changes to these Terms and Conditions enter into force will be fulfilled in accordance with the previous version of the Terms and Conditions.
15. FINAL PROVISIONS
    1. The Consumer may use alternative dispute resolution (ADR) methods instead of court proceedings, in particular mediation, conciliation or arbitration. A list of institutions to which you may apply to resolve disputes through ADR is available at this link: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporów_konsumenckich.php
    2. The Consumer may also use out-of-court methods for processing complaints and pursuing claims by submitting a complaint through the EU’s online ODR platform, available at: http://ec.europa.eu/consumers/odr/
    3. In disputes arising from the Agreement or its performance, the competent court is:
       1. if the Consumer is a party to the Agreement – the court competent for the Consumer’s place of residence;
       2. if the Business Customer is a party to the Agreement – the court competent for the Seller’s registered office.
       In matters not regulated by these Terms and Conditions, Polish law applies, with particular regard to the Civil Code.

Appendix 1 to the Platform Terms and Conditions

MODEL WITHDRAWAL FORM

The model withdrawal form should contain the following information (this form should be completed and returned only if you wish to withdraw from the agreement).

Addressee: Midmod Maciej Brzoskowski, Wrocław (53-505), ul. Lelewela 4

• I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods (*) contract for the supply of the following goods (*) contract for the provision of the following service(*)/contract for work involving the creation of the following goods (*)

• Date on which the contract was concluded(*)/goods received(*)

• Name and surname of consumer(s)

• Address of consumer(s)

• Signature of consumer(s) (only if this form is submitted in paper form)

• Date

(*) Delete as appropriate.