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Statute

TERMS AND CONDITIONS OF THE DESAMODERN.PL ONLINE STORE

of February 1, 2023

These Regulations of the Online Store www.desamodern.pl constitute an integral part of the contracts for the sale of goods offered via the online store www.desamodern.pl and a set of rules and conditions for using the Online Store www.desamodern.pl . Acceptance of these regulations is voluntary, but necessary to create a customer account, provide electronic services and/or to conclude a sales contract. The Regulations do not cover contracts concluded stationary in DESA MODERN stores.

§ 1 OWNER OF THE DESA MODERN ONLINE STORE

The online store available at www.desamodern.pl is run by DESA Modern SA with its registered office in Warsaw (00-477) at ul. Piękna 1A, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number 0000434276, REGON: 140699550, NIP: 701-00-43-173, with share capital PLN 1,587,000
– fully paid-up capital; e-mail address: online@desamodern.pl, telephone number: +48 538 890 457 (fee as for a standard connection - according to the price list of the relevant operator).

§ 2 DEFINITIONS

The following capitalized terms are given the following meanings:

    1. BOK - Customer Service Office deals with customer service and providing information on all aspects of the Online Store's activities - contact with BOK is possible at the indicated telephone numbers and e-mail addresses, (cost of connection to the Customer Service Office - fee as for a standard connection - according to the price list the correct operator).
    2. PRICE - the sale price of the Facility specified in Polish zlotys or in another currency, including all components, including VAT, customs duties, etc. The price does not include delivery costs.
    3. DESA MODERN - DESA Modern SA with its registered office in Warsaw at ul. Piękna 1A, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number 0000434276, REGON: 140699550, NIP: 701-00-43-173, with capital of 1,587 PLN 000 – fully paid-up capital
    4. WORKING DAY - every day from Monday to Friday, excluding public holidays.
    5. PASSWORD - a string of alphanumeric characters, necessary for authorization when accessing the Account. The password is set independently when creating the Account and requires the password to be repeated twice. The Customer is entitled to an unlimited change of the Password. In order to ensure the safe use of the Account, the Customer is obliged not to disclose it to third parties.
    6. CUSTOMER - a natural person who has the legal capacity and/or is at least 13 years old, and if this person is under 18, the consent of his legal representative or legal guardian is required; legal person; or an organizational unit without legal personality, which the law grants legal capacity; If the Customer is a natural person with limited legal capacity, he undertakes to obtain legally effective consent of his statutory representative to conclude a Service Provision Agreement / Sales Agreement and to show such consent at each request, while, as a rule, Sales Agreements concluded in within the Online Store are contracts commonly concluded in minor current matters of everyday life.
    7. CIVIL CODE - the Civil Code Act of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended).
    8. ACCOUNT - Electronic Service, marked with an individual name (Login) and Password provided by the Customer, a set of resources in the DESA MODERN ICT system,
      under which the Customer can use selected functionalities of the Online Store indicated in the Regulations.
    9. LOGIN - the Customer's e-mail address provided as part of the Online Store when creating the Account.
    10. NEWSLETTER - a service of free commercial information received electronically, provided by DESA MODERN on the terms set out in these Regulations.
    11. POD - Personal pick-up point for Objects. Personal collection points are located in Warsaw, in DESA MODERN galleries.
    12. OBJECT - a movable item available in the Online Store, which is the subject of the Sales Agreement between the Customer and DESA MODERN, against payment of the Price.
    13. REGULATIONS/AGREEMENT FOR THE PROVISION OF SERVICES - this document specifying the rules for concluding Sales Agreements and the rules for the provision and use of services made available by DESA MODERN via the Store to Customers, in the field of services provided electronically, these Regulations together with attachments are the regulations referred to in article 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2020, item 344).
    14. ONLINE STORE - an electronic platform run and administered by DESA MODERN enabling the Customer to place Orders and providing services provided by DESA MODERN, constituting a set of interconnected websites, available at the Internet address: www.desamodern.pl
    15. CONTENT/CONTENT - text, graphic or multimedia elements (e.g. information about the Objects, photos of the Objects, promotional videos, descriptions) including works within the meaning of the Act of February 4, 1994 on copyright and related rights (i.e. Journal of Laws of 2019, item 1231, as amended) and images of natural persons that are disseminated as part of the Online Store by DESA MODERN or DESA MODERN contractors, respectively.
    16. SALES AGREEMENT - an agreement concluded between DESA MODERN and the Customer, the subject of which is the sale by DESA MODERN of the Facility against payment of the Price and shipping costs (if applicable), on the terms set out in the Regulations. The Sales Agreement is concluded using means of remote communication, after acceptance of the Order by DESA MODERN. The Sales Agreement specifies in particular the Facility, its main features, Price, shipping costs and other relevant conditions. Each Object is the subject of a separate Sales Agreement.
    17. ELECTRONIC SERVICE - provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344), by DESA MODERN to the Customer via the Online Store, in accordance with Services Agreement. To the extent that the services are provided by entities cooperating with DESA MODERN, the relevant provisions regarding the rules for using these services are included in the regulations regarding the provision of services by these entities.
    18. ACT ON CONSUMER RIGHTS, ACT - Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287).
    19. TECHNICAL REQUIREMENTS - minimum technical requirements, the fulfillment of which is necessary to cooperate with the ICT system used by DESA MODERN, including the conclusion of the Service Provision Agreement or the conclusion of the Sales Agreement, i.e.: multimedia device providing the ability to enter text with Internet access with a bandwidth at least 256 kbit/s; access to an active e-mail account; web browser: Internet Explorer version 11.0 and higher, Google Chrome version 66.0. and higher, Mozilla Firefox version 60.0 and higher, Opera version 53.0 and higher or Safari version 5.0 and higher; browsers require enabled Javascript and the ability to save Cookies; The online store is optimized for a minimum screen resolution of 360 x 640 pixels.
    20. ORDER - Customer's declaration of will expressing the direct will to conclude a Distance Sales Agreement, submitted using means of distance communication, specifying the Facility for which the Customer submits an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and performance of the Sales Agreement.

§ 3 TERMS AND CONDITIONS OF CONCLUDING SALES AGREEMENTS

  1. Conclusion of the Sales Agreement between the Customer and DESA MODERN takes place after the Customer has placed an Order. DESA MODERN allows the Customer to place an Order via the Online Store in the following way:
    1. The Customer adds the selected Object(s) to the Basket,
    2. The Customer who has an Account confirms in the order form the validity of the data necessary to conclude and implement the Sales Agreement. In any case, providing outdated or untrue Customer data may prevent the performance of the Agreement. In the order form, it is necessary for the Customer to provide the following data concerning the Customer:
      1. first name and last name,
      2. address, which consists of a street, house/apartment number, postal code, city, country,
      3. e-mail address,
      4. contact phone number,
      5. place and method of delivery of the Facility(s),
      6. payment method,
      7. in the event of a request for a VAT invoice, it is also necessary to provide the company and NIP number.
    2. The customer chooses one of the delivery methods provided by DESA MODERN.
    3. The Customer chooses the method of payment of the Price and any other costs, in particular delivery costs.
    4. The customer sends DESA MODERN an order (submit an offer) using the functionality of the Online Store made available for this purpose (button: "Proceed to checkout"). In the case of a Customer who does not have an Account and has not previously accepted the Regulations, it is required to set up an Account.
  2. Possible current payment methods are specified in the Online Store in the "Payment methods" tab and each time on the subpage of a given Facility, including when the Customer expresses his will to be bound by the Sales Agreement. The available payment methods may depend on the delivery method or Facility chosen by the Customer.
  3. Personal collection of Objects in a POD is possible only if such an option is available on the subpage of a given Object or when placing an Order.
  4. As part of the development of the Objects or services available in the Online Store, DESA MODERN may introduce an obligation to provide in the content of the Order form or in another appropriate place, other information and personal data regarding the Customer, necessary due to the specificity of the Object or service, e.g. within the meaning of Art. 3 point 1 of the Act of July 23, 2003 on the protection and care of monuments (i.e. Journal of Laws of 2020, item 282, as amended) with a value exceeding PLN 10,000.
  5. After receiving the Order, DESA MODERN immediately sends an automatic message to the Customer to the e-mail address provided by the Customer with confirmation of receipt of the Order and information about the start of its verification.
  6. DESA MODERN, after verifying the Order, immediately sends a message to the Customer to the e-mail address provided with confirmation of acceptance of one or more individual offers for the Objects submitted as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order in terms of the Objects indicated in the message).
  7. If it is not possible to accept at least one of the individual offers for the Objects submitted as part of the Order, DESA MODERN sends a message about not accepting the given offers for the Objects submitted as part of the Order. Such a case may occur in particular:
      1. failure to pay the Price by the Customer, if the Customer has chosen one of the payment methods in advance,
      2. violation of the provisions of these Regulations by the Customer,
      3. unavailability of a given Facility.
  8. The Sales Agreement is concluded upon confirmation of the offer(s), i.e. the receipt by the Customer of the message referred to in par. 6 above in the scope of the Objects indicated therein. DESA MODERN sends the Customer confirmation of the terms of the Agreement to the e-mail address provided by the Customer.
  9. DESA MODERN strives to ensure the availability of the Objects and the implementation of the Sales Agreement.
    In the event of the impossibility of performance and in other situations specified by law, the relevant provisions of the Civil Code may apply, in particular regarding the impossibility of performance (Article 493 and Article 495 of the Civil Code) - if the Customer has received payment of the Price in advance, DESA MODERN will return the funds within 14 days through the same channel through which they were received, unless the Customer agrees to a different method of return, which does not involve any costs for him.
  10. The total value of the Order includes the Price, shipping costs and other costs of optional paid services selected by the Customer. The total price of the Object being the subject of the Order, including taxes, as well as delivery costs (including fees for transport, delivery and postal services) and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed while placing the Order, including when the Customer expresses the will to be bound by the Sales Agreement.
  11. If the Customer chooses payment on delivery upon delivery, the Customer is obliged to make the payment upon receipt of the shipment. Refusal to collect the Facility, despite setting an additional appropriate deadline, is a condition terminating the Sales Agreement. The Customer may also cancel the Order within the indicated period without incurring any consequences, which does not violate his right to withdraw from the contract.
  12. The information presented in the Online Store constitutes an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.

§ 4 DELIVERY OF OBJECTS

  1. DESA MODERN provides deliveries of Objects on the territory of the Republic of Poland, the European Union and other selected countries indicated on the "Cart" subpage in the Online Store, through one of the available carriers, selected when placing the Order.
  2. Collection of the Property at POD is free of charge.
  3. Delivery of the Object to the Customer is payable.
  4. The currently available methods and costs of delivery of the Object are indicated to the Customer on the "Cart" subpage in the Online Store, including when the Customer expresses his will to be bound by the Sales Agreement.
  5. The available delivery methods may depend on the payment method or Facility chosen by the Customer. The available delivery methods may change if several Orders are placed at the same time, in particular due to the Objects covered by them.
  6. The total waiting time for the Customer to receive the Object (delivery date) consists of the time of preparing the Order for shipment by DESA MODERN and the time of delivery of the Object by the carrier.
  7. The deadline for the delivery of the Object to the Customer in the territory of the Republic of Poland is from 5 to 28 Business Days, depending on the type of the purchased Object.
  8. The time of preparing the Order for shipment by DESA MODERN is counted from the day (beginning of the delivery period):
    1. crediting the DESA MODERN bank account or settlement account - if the Customer chooses the method of payment by bank transfer, electronic payment or payment card,
    2. conclusion of the Sales Agreement - if the Customer chooses the method of payment on delivery.

§ 5 COMPLAINT FACILITY AND EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS

  1. The basis and scope of liability of DESA MODERN towards the Customer, if the sold Object has a physical or legal defect (warranty) are specified in the provisions of the Civil Code, in particular in art. 556 and the following of the Civil Code, whereby DESA MODERN stipulates that due to the specificity of the offered Objects, i.e. limited editions of the Objects, the replacement of a defective item with a defect-free item may be impossible.
  2. DESA MODERN provides a reliable description of each available facility, they are made in the best faith using the experience and expertise of our employees and experts cooperating with us.
  3. DESA MODERN is liable under the warranty if a physical defect is found within two years from the date of handing over the Object to the Customer.
  4. A complaint may be submitted by the Customer in any possible form.
  5. To facilitate the Customer and DESA MODERN, in order to resolve the complaint as soon as possible, it is recommended to:
    1. submitting complaints via e-mail to the following address: online@desamodern.pl ;
    2. information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;
    3. demand a way to bring the Facility into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement;
    4. contact details of the complainant.
  6. If the Customer in the complaint does not include the information listed in paragraph 4 above, it will not affect the effectiveness of the complaint.
  7. If consideration of the complaint is not possible without examining the Object by DESA MODERN, BOK will contact the Customer in order to determine the method of delivery of the Object in question to DESA MODERN - in such a situation, the Customer is obliged to deliver the Object to DESA MODERN at the expense of DESA MODERN. However, if due to the type of defect, type of Object, e.g. its size, delivery of the Object by the Customer would be impossible or excessively difficult, the Customer may be asked to provide DESA MODERN, after prior arrangement of the date, with the Object in the place where the Object is located.
  8. If the sold Object has a defect, the Customer, with reservations and on the terms set out in the relevant provisions of the Civil Code, may:
    1. submit a statement of price reduction or withdrawal from the Sales Agreement, unless DESA MODERN immediately and without excessive inconvenience to the Customer removes such a defect. The reduced price should be in such proportion to the price resulting from the contract, in which the value of the Object with a defect remains to the value of the Object without a defect. The Customer may not withdraw from the contract if the defect of the Object is insignificant;
    2. demand removal of the defect - DESA MODERN is obliged to remove the defect within a reasonable time without excessive inconvenience to the Customer.
  2. DESA MODERN will respond to the Customer's complaint immediately, not later than within 14 days from the date of its receipt, and if in a given case it is necessary to examine the Object by DESA MODERN, within 14 days from the date of delivery of this Object to DESA MODERN, the information about the need to deliver the Object to DESA MODERN will be provided to the Customer within 14 days from the date of submitting the complaint.
  3. The use of extrajudicial means of dealing with complaints and pursuing claims is voluntary. The following provisions are informative and do not constitute DESA MODERN's obligation to use out-of-court dispute resolution methods. DESA MODERN's declaration of consent or refusal to participate in the out-of-court settlement of consumer disputes is submitted by DESA MODERN on paper or another durable medium if, as a result of the complaint submitted by the Customer, the dispute has not been resolved.
  4. Detailed information on the possibility for the Customer to use out-of-court methods of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Inspection Handlowa and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php ; http://www.uokik.gov.pl/sprawa_indywidualne.php ; http://www.uokik.gov.pl/wazne_adresy.php
  5. In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (ODR Regulation in consumer disputes) The Service Provider as an entrepreneur with its registered office in the European Union concluding online sales contracts or contracts for the provision of services provides an electronic link to the ODR (Online Dispute Resolution) platform enabling out-of-court dispute resolution: http://ec.europa.eu/consumers/odr/ . Service Provider's e-mail address: online@desamodern.pl
  6. The customer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
    1. The customer is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement.
    2. The customer is entitled to apply to the voivodship inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings regarding out-of-court resolution of a dispute between the Customer and DESA MODERN.
    3. The customer may obtain free assistance in resolving the dispute between the customer and DESA MODERN, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
    4. The customer may submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/ . The ODR platform is also a source of information on the forms of out-of-court dispute resolution that may arise between entrepreneurs and Consumers.
  7. Differences in the actual appearance of the Objects, which may result from other settings (parameters) of the Customer's monitor, do not constitute grounds for a complaint.

§ 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. The Customer who has concluded a distance contract may withdraw from it without giving any reason and without incurring any costs other than those provided for by law, within 14 days from the date of taking possession of the Object by the Customer or a third party indicated by him other than the carrier, and in the case of A Sales Agreement that includes many Items that are delivered separately, in batches or in parts - from taking possession of the last Item, lot or part.
  2. In order to exercise the right to withdraw from the contract, an unequivocal statement must be made in which the Customer will inform DESA MODERN about his withdrawal from the Sales Agreement, which may be submitted, for example:
    1. in writing to the address of DESA MODERN;
    2. in document form via e-mail to the following address: online@desamodern.pl;
  2. In order to exercise the right to withdraw from the contract, you can use the model statement of withdrawal , which is attached as Appendix 1 to the Regulations.
  3. DESA MODERN is obliged to immediately, not later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the contract, return the payments made by the Customer, including the costs of delivery of the Object (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available in the Online Store).
  4. If the Consumer uses the Statutory right of withdrawal, DESA MODERN refunds the payment using the same method of payment as used by the Customer, unless the Customer expressly agreed to a different method of return, which does not involve any costs for him. If DESA MODERN has not offered to collect the Object from the Customer itself, it may withhold the reimbursement of payments received from the Customer until the Object is received back or the Customer provides proof of its return, depending on which event occurs first.
  5. The Customer is obliged to immediately, not later than within 14 days from the date on which he withdrew from the Sales Agreement, return the DESA MODERN Object or hand it over to a person authorized by DESA MODERN to collect it, unless DESA MODERN proposed that he would collect the Object himself.
  6. The deadline for returning the Object will be met if the Object is delivered to DESA MODERN before its expiry. The Customer may return the Object to the following address: DESA Modern SA ul. Piękna 1A, 00-477 Warsaw.
  7. If the Customer exercises the right of withdrawal, the Customer shall be liable for the decrease in the value of the Object as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Object. The Customer's liability may include, in particular, the inability to introduce the Object for sale as a full-fledged Object, the costs of re-assembling tags and security elements on the Object, as well as the costs of restoring the Object to a condition enabling its re-introduction for sale in the Online Store, including the costs of examining the Object by specialist and the costs of removing defects found as a result of such examination (to the extent that these defects result from the Customer's use of the Facility in a way that goes beyond what is necessary to establish its nature, characteristics and functioning).
  8. The Customer bears only the direct costs of returning the Object.

§ 7 RULES FOR THE PROVISION OF ELECTRONIC SERVICES BY DESA MODERN

  1. DESA MODERN provides the following Electronic Services to Customers free of charge via the Online Store:
    1. Account,
    2. enabling Customers to place Orders and conclude Sales Agreements, on the terms set out in these Regulations;
    3. enabling viewing of the Content placed within the Store;
    4. newsletter.
  2. Newsletter policy:
    1. The customer may agree to receive commercial information from DESA MODERN by electronic means,
    2. After agreeing to receive offers from DESA MODERN electronically, the Customer will periodically receive, to the e-mail address provided when subscribing to the newsletter, messages in electronic form containing commercial information, regarding an invitation to conclude a sales or service agreement,
    3. The Newsletter received will contain in particular: information about the sender and his e-mail addresses, a completed "subject" field specifying the content of the shipment and information about the possibility and method of resignation from receiving offers by e-mail,
    4. An electronic offer may be received by any person who has agreed to receive electronic offers and has provided his or her e-mail address.
    5. The user of the website www.desamodern.pl, by completing the subscription form available on the website, agrees to receive offers electronically. After completing the form, such a person immediately receives, by e-mail to the e-mail address provided in the form, a confirmation from DESA MODERN,
    6. By agreeing to receive offers electronically, the User concludes a contract with DESA MODERN for the provision of the service of sending commercial information by electronic means,
    7. The customer has the right to unsubscribe from the Newsletter at any time. You can unsubscribe by clicking on the "Unsubscribe" link at the bottom of each email sent,
    8. Removal of the Customer's e-mail account from the Newsletter address database takes place immediately and is signaled by a message confirming the operation,
    9. By subscribing to the newsletter, the User consents to DESA MODERN sending advertisements and commercial information via the Newsletter within the meaning of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344). to the customer's e-mail account.
  3. The Agreement for the Provision of Electronic Services is concluded upon receipt by the Customer of the confirmation of the conclusion of the Agreement for the Provision of Services sent by DESA MODERN to the e-mail address provided by the Customer during registration. The account is provided free of charge for an indefinite period. The Customer may at any time and without giving any reason delete the Account by sending a request to DESA MODERN, in particular via e-mail to the following address: online@desamodern.pl or in writing to the address of DESA MODERN.
  4. In particular, the Customer is obliged to use the Online Store in a way that does not interfere with its functioning, e.g. by using specific software or devices, not taking actions aimed at obtaining information not intended for the Customer, using the Online Store in accordance with the principles of social coexistence, legal provisions and the Regulations, including not providing and not providing content prohibited by applicable law, using the Store in a way that is not inconvenient for other Customers and for DESA MODERN, respecting their personal rights (including the right to privacy) and all their rights, using the content posted in the Online Store only for their own personal use - using content belonging to other to DESA MODERN or third parties is allowed only on the basis of the express consent of DESA MODERN or their owner,
  5. DESA MODERN recommends submitting complaints related to the provision of Electronic Services:
    1. in writing to the address of DESA MODERN;
    2. in electronic form via e-mail to the following address: online@desamodern.pl .
  6. It is recommended that the Customer provide in the description of the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; the Customer's request and contact details of the complainant - this will facilitate and accelerate the consideration of the complaint by DESA MODERN. The requirements set out in the previous sentence are in the form of recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  7. DESA MODERN responds to the complaint immediately, not later than within 30 days from the date of its submission, unless the generally applicable provisions of law or separate regulations provide for a different deadline for considering a given complaint.

§ 8 TERMINATION OF THE AGREEMENT FOR THE PROVISION OF SERVICES AND CHANGE OF THE REGULATIONS

  1. DESA MODERN is entitled to terminate the Agreement for the Provision of Services with the Client with a 14-day notice period, for the following reasons:
    1. a change in the generally applicable laws governing the provision of electronic services by DESA MODERN or a change in the interpretation of the above laws as a result of court rulings, decisions of state authorities or their recommendations,
    2. changing the scope or provision of services to which the provisions of the Regulations apply, by introducing new ones, modifying or withdrawing existing functionalities or services covered by the Regulations by DESA MODERN.
  2. DESA MODERN also reserves the right to terminate the Service Provision Agreement with immediate effect, in the event of the Customer's inactivity in the Online Store for a continuous period of at least two years - the above is justified by the principles of personal data processing and protection.
  3. DESA MODERN's statement in the scope specified in par. 1 and 2 above are sent to the e-mail address provided by the Customer when creating an Account or placing an Order.
  4. DESA MODERN may terminate the Customer's Agreement for the Provision of Services with immediate effect or refuse the Customer's further right to use the Online Store and place Orders in cases of violation of the Regulations by the Customer.
  5. DESA MODERN may amend these Regulations in the event of at least one of the following important reasons (closed catalogue):
    1. a change in the generally applicable laws governing the sale of Objects or the provision of electronic services by DESA MODERN or a change in the interpretation of the above laws as a result of court rulings, decisions of state authorities or their recommendations
    2. change in the method of providing services due to technical or technological reasons only (in particular, updating the technical requirements indicated in these Regulations);
    3. changing the scope or method of providing services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing existing functionalities or services covered by the Regulations by DESA MODERN.
  6. In the event of making changes to the Regulations, DESA MODERN will provide the consolidated text of the Regulations by publishing it in the Online Store and by means of a message sent to the e-mail address provided by the Customer when concluding the Agreement for the Provision of Services, which the Parties consider as entering information about the change into the means of communication electronically in such a way that the Customer can read its content.
  7. The amendment to the Regulations enters into force after 14 days from the date of sending information about the change. In the case of Customers who have concluded the Agreement for the Provision of Services, i.e. those who have an Account, they have the right to terminate the Agreement for the Provision of Services within 14 days from the date of notification of the change to the Regulations. The amendment to the Regulations does not affect the Sales Agreements concluded by the Customer and DESA MODERN before the amendment to the Regulations.

§ 8 FINAL PROVISIONS

  1. The Regulations and annexes to the Regulations constitute a contractual template within the meaning of Art. 384 § 1 of the Civil Code.
  2. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
  3. The Customer's personal data is processed by DESA MODERN as the personal data administrator. Providing personal data by the Customer is voluntary, but necessary in order to set up an Account, use certain Electronic Services or conclude a Sales Agreement. Detailed information on the protection of personal data is contained in the "Privacy Policy" tab available in the Online Store.
  4. These Regulations, Agreements for the Provision of Electronic Services and Sales Agreements as well as all non-contractual obligations arising from or related to them are subject to Polish law.
  5. Consolidation, protection and access to the relevant provisions of the concluded Agreement for the Provision of Services by Electronic Means takes place by sending an e-mail to the e-mail address provided by the Customer.
  6. Consolidation, security, disclosure and confirmation to the Customer of the essential provisions of the concluded Sales Agreement takes place by sending the Customer an e-mail confirming the placed Order and by attaching the Order specification and proof of purchase to the shipment containing the Object. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Online Store.
  7. DESA MODERN informs that the use of Electronic Services is associated with typical risks related to the transfer of data via the Internet, such as their dissemination, loss or access to them by unauthorized persons.
  8. DESA MODERN provides technical and organizational measures appropriate to the degree of threat to the security of the functionalities or services provided under the Service Provision Agreement.
  9. The content of the Regulations is available to Customers free of charge at the following address: ul. Beauty 1A; 00-477 Warszawa, from where customers can view and print it at any time.
  10. DESA MODERN informs that using the Online Store via a web browser, including placing an Order, as well as making a telephone connection with BOK, may be associated with the need to incur the costs of connecting to the Internet (data transfer fee) or telephone connection costs, in accordance with with the tariff package of the service provider used by the Customer.
  11. The provisions of the Regulations less favorable to the Customer who is a consumer within the meaning of the provisions of the Act on Consumer Rights than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights shall apply in their place.

Appendix 1:

TEMPLATE WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee: DESA Modern SA with its registered office in Warsaw (00-477) at ul. Piękna 1A, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number 0000434276, REGON: 140699550, NIP: 701-00-43-173

– I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following items(*)

contract for the supply of the following items (*) contract for a specific task consisting in the performance of the following items (*) / for the provision of the following service (*)

– Date of contract conclusion(*)/receipt(*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent on paper)

– Date

(*) Delete where not applicable.

 
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