Store Regulations

Terms and conditions of the store
online Modny Stylista

defining, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store and the Consumer’s rights

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order execution
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations

Attachment No. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday except for public holidays in Poland.
Civil Code – the Polish law of April 23, 1964 Civil Code.
Consumer – a buyer who is a natural person, buying from the Store or taking steps to make a purchase, without direct connection with his business or professional activity.
Account – a digital service, regulated by separate regulations, within the meaning of the Law on Consumer Rights, thanks to which the Buyer can use additional functions in the Store free of charge.
Buyer – any entity purchasing from the Store or taking steps to make a purchase.
Privileged Buyer – Consumer or Business Privileged Buyer.
Privileged Entrepreneur – a Buyer who is an individual, concluding or intending to conclude a contract with the Seller under the Terms and Conditions directly related to his business, but not of a professional nature for him.
Regulations – these rules and regulations.
Store – Modny Stylista online store operated by the Seller at https://modnystylista.com.

Seller –
EWELINA ELŻBIETA MOSZKOWICZ-JASIOREK,
an entrepreneur running a business under the company
EVOLUTION EWELINA MOSZKOWICZ-JASIOREK,
entered in the Central Register and Information on Business Activity
maintained by the minister responsible for economy and keeping
Central Register and Information on Business Activity, NIP
7311649901,
no. REGON 473148118,
ul. Odrodzenia 3B, 95-200 Pabianice.
Consumer Rights Act – Polish law of May 30, 2014 on consumer rights.

§ 2 CONTACTING THE SELLER

1. Postal address:
   3B Odrodzenia Street, 95-200 Pabianice
2. E-mail address: modnystylista@gmail.com
3. Phone: +48601140555
4. Address to return the goods (in case of withdrawal from the contract): Budy Dłutowskie 9, 95-081 Dłutów
5. Address for sending the advertised goods: Budy Dłutowskie 9, 95-081 Dłutów
6. The cost of a telephone call or data transmission made by the Buyer is based on the basic tariff of the telecommunications operator or Internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or ISP used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store you need:
   • device with internet access
   • A web browser that supports JavaScript and cookies.
2. For placing an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN THE STORE

1. Product prices shown in the Store are the total prices for the product.
2. The Seller notes that the total price of an order consists of the price indicated in the Store for the product and, if applicable, the cost of delivery of the goods.
3. The product selected for purchase should be added to the shopping cart in the Store.
4. The buyer then selects
   the method of delivery of goods and
   the method of payment for the order from among the options available in the Store, and provides the data necessary to complete the order placed.
5. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
6. Placing an order is the same as concluding a contract between the Buyer and the Seller.
7. Buyers can register with the Store, i.e. create an Account with it, or make purchases without registration by providing their data with each possible order.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
   
   1. A simple wire transfer to the Seller’s bank account;
   2. via payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via a payment platform:
      • PayNow
   4. cash on delivery, i.e. by card or cash on delivery of goods to the Buyer;
2. If the Buyer chooses to pay in advance, the order must be paid for at
   within 7 Business Days of placing the order.

§ 6 ORDER EXECUTION

1. The lead time of the order is indicated in the Store.
2. If the Buyer has chosen to pay in advance for the order, the Seller will proceed to process the order after
   its payment.
3. In a situation where the Buyer has purchased products with different lead times within one order, the order will be fulfilled within the time limit applicable to the product with the longest lead time.
4. Goods are delivered only in the territory of the Republic of Poland.
5. The following delivery methods are available in the Store:
   
   1. via courier service;
   2. To InPost parcel machines.

§ 7 RIGHT OF WITHDRAWAL

1. A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8
   of the Regulations, within 14 days without giving any reason.
2. The deadline for withdrawal expires after 14 days
   from the date:
   1. in which the Priority Buyer took possession of the goods or in which a third party other than the carrier and designated
      by the Priority Buyer took possession of the goods;
   2. on which the Priority Buyer took possession of the last good, lot or part, or on which a third party, other than the carrier and designated by the Priority Buyer, took possession of the last good, lot or part, in the case of a contract obligating the transfer of ownership of multiple goods that are delivered separately, in lots or in parts.
3. In order for a privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data
   provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (at
   for example, a letter sent by mail or e-mail).
4. A privileged buyer may use the model withdrawal form located at the end of the Terms and Conditions, but not
   it is mandatory.
5. In order to comply with the deadline for withdrawal, it is sufficient for the privileged Buyer to send information regarding the exercise
   of his right of withdrawal before the expiration of the deadline for withdrawal.

   CONSEQUENCES OF WITHDRAWAL

6. In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the privileged Buyer’s choice of delivery method other than the cheapest ordinary delivery method offered by the Seller),immediately and in any case no later than 14 days from the day on which the Seller was informed of the decision
   of the privileged Buyer to exercise his right of withdrawal.
7. The Seller will refund the payment using the same means of payment that were used by
   the Preferred Buyer in the original transaction, unless the Preferred Buyer agrees to another
   solution, in any case the Preferred Buyer will not incur any fees in connection with this refund.
8. If the Seller has not offered to pick up the goods from the privileged Buyer himself, he may withhold the refund until he receives the goods or until he is provided with
   proof of their return, whichever event occurs first.
9. The Seller asks to return the goods to the address:
   Budy Dłutowskie 9, 95-081 Dłutów immediately, and in any case no later than 14 days from the day the privileged Buyer informed
   the Seller about withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods
   before the expiration of the 14-day period.
10. The privileged buyer shall bear the direct costs of returning the goods.
11. The privileged buyer shall be liable only for the diminution in value of the goods resulting from the use of the goods
    in a manner other than necessary to ascertain the nature, characteristics and functioning of the goods.
12. If the goods, due to their nature, cannot be returned by ordinary mail, the Buyer
    privileged will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these
    costs by the Seller in the description of the goods in the Store or during
    order placement.
13. In the event that a refund is required for a transaction made by a Buyer privileged
    payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Regulations, does not apply to
   contract:
   1. in which the subject of performance is a non-refabricated good, produced according to the specifications
      of a privileged buyer or serving to meet his individualized needs;
   2. in which the object of performance is goods that are perishable or have a short
      shelf life;
   3. in which the subject of the service is the goods delivered in a sealed package, which after opening
      the package cannot be returned for health or hygienic reasons, if
      the package was opened after delivery;
   4. in which the object of performance is goods, which after delivery, due to their nature, become
      inseparable from other things;
   5. in which the subject of performance is sound or visual recordings or computer programs
      delivered in sealed packaging, if the packaging has been opened after delivery;
   6. for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
   7. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not
      control, and which may occur before the deadline for withdrawal.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller shall be liable to the privileged Buyer for the compliance of the performance with the contract, as provided by generally applicable laws, including in particular the provisions of the Law on Consumer Rights.
2. The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
3. If the product has a warranty, information about it, as well as its conditions, is available in the Store.
4. The seller will respond to the complaint within 14 days of receipt.

II PREFERRED BUYERS

A. Goods

1. 1. In the event of non-conformity of the goods with the contract, the privileged Buyer has the option of exercising the rights set forth in Chapter 5a of the Law on Consumer Rights.
   2. The Seller shall be liable for the lack of conformity of the goods with the contract, existing at the time of delivery and revealed within two years from that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
   3. Under the provisions of the Law on Consumer Rights, in case of non-conformity with the contract, the privileged Buyer may demand:
      
      1. exchange of goods,
      2. repairs to goods.
   4. In addition, the Preferred Buyer may make a statement about:
      
      1. price reduction,
      2. withdrawal

      in a situation where:

      • The seller refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Law;
      • The seller failed to bring the goods into conformity with the contract in accordance with Article 43d (4-6) of the Law on Consumer Rights;
      • the lack of conformity of the goods with the contract continues, despite the fact that the Seller tried to bring the goods into conformity with the contract;
      • the lack of conformity of the goods with the contract is so significant that it justifies either a price reduction or withdrawal from the contract without first taking advantage of the protections set forth in Article 43d of the Consumer Rights Act;
      • it is clear from the Seller’s statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the privileged Buyer.
   5. In the case of goods subject to repair or replacement, the Preferred Buyer shall make the goods available to the Seller. The Seller shall collect the goods from the privileged Buyer at his own expense.
   6. A privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
   7. In the event of withdrawal from the contract referred to in this section (relating to goods), the privileged Buyer shall immediately return the goods to the Seller at the Seller’s expense, to
      Budy Dłutowskie 9, 95-081 Dłutów.
      The Seller shall return the price to the privileged Buyer immediately, but no later than within 14 days from the date of receipt of the goods or proof of their return.
   8. The Seller shall refund to the privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the privileged Buyer’s statement on price reduction.
      

      B. Out-of-court ways of dealing with complaints and redress of grievances

      1. The Seller shall inform the Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized for out-of-court dispute resolution. The Consumer may use, among others:
         • assistance from the appropriate European Consumer Center from the Network of European Consumer Centers. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centers is, as a rule, free of charge. For a list of country-specific Consumer Centers, see:
           https://konsument.gov.pl/eck-w-europie/
         • Online Dispute Resolution (ODR) platform, provided by the European Commission, available at:
           https://ec.europa.eu/consumers/odr

         In addition, the following forms of support are available in the Commonwealth:

         • mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here:
           https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
         • assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at:
           https://uokik.gov.pl/stale_sady_polubowne.php
      2. The preceding provision is informative and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution.
      3. The use of out-of-court means of handling complaints and claims is voluntary for both the Seller and the Consumer.
      4. The consumer can additionally take advantage of free assistance from the city or county consumer ombudsman.

III BUYERS OTHER THAN PREFERRED BUYERS

1. In the event of a defect in the goods, a Buyer other than a privileged Buyer has the opportunity to claim defective goods on the basis of the warranty regulated by the Civil Code.
2. Against a Buyer other than a privileged Buyer, the Seller shall be liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the goods to the Buyer.
3. According to the Civil Code, the Buyer, who is an entrepreneur other than a Privileged Entrepreneur, loses his rights under the warranty if he did not examine the goods in the time and manner usual for goods of this type and did not immediately notify the Seller of the defect, and if the defect came to light only later – if he did not notify the Seller immediately after its discovery. Sending a notice of the defect before its expiration is sufficient to meet the above deadline.
4. Using the warranty, a Buyer other than a privileged Buyer may, under the terms of the Civil Code:
   
   1. Make a statement on price reduction,
   2. With a material defect – make a declaration of withdrawal from the contract,
   3. Demand that the goods be replaced with defect-free goods,
   4. Demand removal of the defect.
5. If it turns out that it is necessary to deliver the defective goods to the Seller in order to process the complaint, the Buyer other than the privileged Buyer is obliged to deliver these goods to the address
   Budy Dłutowskie 9, 95-081 Dłutów.

§ 10 PERSONAL DATA

1. The administrator of the personal data provided by the Buyer during the use of the Store is the Seller.
   Detailed information on the processing of personal data by the Seller – including the other purposes of
   and the grounds for data processing, as well as the recipients of the data – can be found in the
   privacy policy available in the Store – due to the principle of transparency, contained in the General Regulation of the European Parliament and
   of the Council (EU) on data protection – “RODO“.
2. The purpose of the processing of Buyer’s data by the Seller, provided by the Buyer in connection with purchases at
   Store, is the execution of orders. The basis for processing personal data in this case is:
   • contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6
     (1)(b) RODO),
   • Vendor’s legal obligation related to accounting (Article 6(1)(c) RODO) and
   • Vendor’s legitimate interest in processing data for the purpose of establishing, investigating
     or defending possible claims (Article 6(1)(f) RODO).
3. Provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will make it impossible to conclude a contract in the Store.
4. Buyer’s data provided in connection with purchases in the Store will be processed until:
   
   1. the contract concluded between the Buyer and the Seller will cease to be in force;
   2. the Seller will cease to be under a legal obligation, obliging him to process the Buyer’s data;
   3. the possibility of asserting claims by the Buyer or Seller, related to the contract concluded by the Store will cease;
   4. the Buyer’s objection to the processing of his personal data will be accepted – in case
      the basis of data processing was the legitimate interest of the Seller

   – depending on what is applicable to your case.

5. The buyer is entitled to demand:
   
   1. Access to their personal data,
   2. their correction,
   3. removals,
   4. processing restrictions,
   5. transfer of data to another controllera also the right:
   6. object at any time to the processing of data for reasons related to the specific
      situation of the Buyer – to the processing of personal data concerning him/her, based on Article 6(1)
      (f) RODO (i.e. on legitimate interests pursued by the Seller).
6. In order to exercise their rights, the Buyer should contact the Seller using the data in § 2
   of the Regulations.
7. If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with
   the authority competent for the protection of personal data. In Poland, this is the President of the Office for Personal Data Protection.

§ 11 RESERVATIONS

1. It is forbidden for the Buyer to provide unlawful content.
2. Each time an order is placed in the Store, it constitutes a separate contract and requires separate acceptance of
   Regulations. The contract is concluded for the time and for the purpose of fulfilling the order.
3. All contracts entered into under these Regulations shall be governed by the laws of Poland, subject to the provisions of Paragraph. 4.
4. The choice of Polish law for contracts concluded under these Terms and Conditions with a Consumer does not abrogate or limit the rights of that Buyer under mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if the national regulations applicable to a given Consumer provide for protection broader than that provided under these Regulations or Polish law – the broader protection shall apply.
5. Contracts concluded on the basis of the Regulations are concluded in the Polish language.
6. In case of a possible dispute with a Buyer who is not a privileged Buyer, related to a contract concluded through the Store, the competent court will be the court
   with jurisdiction over the registered office of the Seller.

Account Terms and Conditions

in the Modny Stylista store

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of withdrawal
§ 7 Personal data
§ 8 Change in Regulations or Account
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – a customer who is a natural person who has entered into an agreement for an Account under the Terms and Conditions, or who takes steps to enter into such an agreement, without direct connection with his/her business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Customer, through which the Customer can take advantage of additional features in the Store.

Privileged Entrepreneur – a Service Recipient who is an individual who enters into an Account agreement under the Terms and Conditions (or takes steps to enter into such an agreement), directly related to his/her business activity, but which is not professional in nature for him/her.
Regulations – these regulations of the Account.
Store – Modny Stylista online store operated by the Service Provider at https://modnystylista.com.
Customer – any entity that has entered into an agreement for the operation of an Account or takes steps to enter into such an agreement.
Privileged Customer – a Customer who is a Consumer or a Privileged Business.
Service Provider –
EWELINA ELŻBIETA MOSZKOWICZ-JASIOREK,
entrepreneur running a business under the company
EVOLUTION EWELINA MOSZKOWICZ-JASIOREK,
entered in the Central Register and Information on Business Activity
maintained by the minister responsible for economy and keeping
Central Register and Information on Business Activity, NIP
7311649901,
no. REGON 473148118,
ul. Odrodzenia 3B, 95-200 Pabianice.

Consumer Rights Act – Polish law of May 30, 2014 on consumer rights.

§ 2 CONTACTING THE SERVICE PROVIDER

1. Postal address:
   3B Odrodzenia Street, 95-200 Pabianice
2. E-mail address: modnystylista@gmail.com
3. Phone: +48601140555
4. The cost of a telephone call or data transmission made by the Service Recipient is based on the basic tariff of the telecommunications operator or Internet service provider used by the Service Recipient. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or ISP used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning and establishment of the Account you need:
   • active email account,
   • device with Internet access,
   • A web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

1. The creation of an Account is completely voluntary and dependent on the will of
   the Service Recipient.
2. The Account gives the Customer additional possibilities, such as: viewing the history of orders placed by the Customer
   in the Store, checking the status of the order or editing the Customer’s data on his/her own.
3. In order to create an Account, you need to fill out the appropriate form in the Store.
4. At the time of creation of the Account, a contract is concluded for an indefinite period of time between the Customer and the Service Provider for the operation of the Account under the terms indicated in the Regulations.
5. The Service Provider shall begin to provide the service of maintaining an Account under the terms and conditions specified in the Terms and Conditions immediately after the conclusion of the contract for maintaining an Account.
6. The Service Recipient may cancel the Account at any time without any cost.
7. The deletion of the Account shall result in the termination of the Account Agreement. In order for the Service Provider to remove your Account, you must send your Account cancellation to the Service Provider’s email address provided in § 2 of the Terms and Conditions, which will result in the immediate removal of your Account and termination of the Account Agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding the Account be submitted to the postal or electronic address indicated in § 2 of the Regulations.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider shall be liable to the Privileged Customer for the compliance of the performance with the contract, as provided by generally applicable laws, including in particular the provisions of the Consumer Rights Act.
4. In the event of improper performance of the Account Agreement by the Service Provider, the Privileged Customer has the opportunity to exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider has failed to deliver the digital service, the Privileged Customer may call on the Service Provider to deliver it. If the Service Provider nevertheless fails to deliver the digital service immediately or within an additional period of time expressly agreed upon by the Service Provider and the Privileged Customer, the Privileged Customer may withdraw from the Account Agreement.
6. Privileged Customer may withdraw from the Account contract without calling for delivery of the digital service if:
   
   1. It is clear from the Service Provider’s statement or circumstances that it will not provide a digital service or
   2. The Privileged Customer and the Service Provider agreed or it is clear from the circumstances of the Account Agreement that the specified date of delivery of the digital service was of significant importance to the Privileged Customer, and the Service Provider failed to deliver the digital service within that date.
7. The Service Provider shall be liable for the lack of compliance with the contract for the Account of the digital service provided on a continuous basis, which occurred or became apparent at the time when, according to this contract, the service was to be provided.
8. If a digital service does not comply with the Account Agreement, the Privileged Customer may demand that it be brought into compliance with the Agreement.
9. In the event of non-compliance of the digital service with the Account Agreement, the Privileged Customer has the obligation to cooperate with the Service Provider, to a reasonable extent and with the least burdensome technical means, to determine whether the non-compliance of the digital service with the Account Agreement in a timely manner is due to the characteristics of the Privileged Customer’s digital environment.
10. In addition, if the digital service is incompatible with the Account agreement, the Privileged Customer may submit a statement of withdrawal from this agreement when:
    
    1. bringing the digital service into compliance with the Account agreement is impossible or requires excessive costs pursuant to Article 43m (2) and (3) of the Consumer Rights Act;
    2. The Service Provider has failed to bring the digital service into compliance with the Account Agreement within a reasonable period of time from the time the Service Provider was informed by the Privileged Customer of the non-compliance with this Agreement, and without undue inconvenience to the Privileged Customer, taking into account the nature and purpose of this digital service for which it is used;
    3. the lack of compliance of the digital service with the Account Agreement continues to occur even though the Service Provider has attempted to bring the digital service into compliance with the Agreement;
    4. the lack of compliance of the digital service with the Account agreement is so significant that it justifies withdrawal from the Account agreement without first taking advantage of the measure of protection set forth in Article 43m of the Consumer Rights Act (i.e., requesting that the digital service be brought into compliance with the agreement);
    5. it is clear from the Service Provider’s statement or circumstances that it will not bring the digital service into compliance with the Account Agreement within a reasonable time or without undue inconvenience to the Privileged Customer.

III OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS

11. The Service Provider shall inform the Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized for out-of-court dispute resolution. The Consumer may use, among others:
    • assistance from the appropriate European Consumer Center from the Network of European Consumer Centers. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centers is, as a rule, free of charge. For a list of country-specific Consumer Centers, go to: https://konsument.gov.pl/eck-w-europie/
    • Online Dispute Resolution (ODR) platform, provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

    In addition, the following forms of support are available in the Commonwealth:

    • mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: >https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
    • assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: >https://uokik.gov.pl/stale_sady_polubowne.php
12. The preceding provision is for informational purposes and does not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution.
13. The use of out-of-court means of handling complaints and claims is voluntary for both the Service Provider and the Consumer.
14. The consumer can additionally take advantage of free assistance from the city or county consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL

1. Privileged Customer has the right to withdraw from the contract for Account with the Service Provider, within 14 days without giving any reason.
2. The period for withdrawal from the Account agreement expires 14 days after the date of conclusion of this agreement.
3. In order for a Privileged Customer to exercise his/her right of withdrawal, he/she must inform the Service Provider, using the data provided in § 2 of the Terms and Conditions, of his/her decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or e-mail).
4. A privileged customer may use the model withdrawal form located at the end of the Terms of Service, but it is not mandatory.
5. In order to comply with the deadline for withdrawal, it is sufficient for the Privileged Customer to send information regarding the exercise of his right of withdrawal before the expiration of the deadline for withdrawal.

§ 7 PERSONAL DATA

1. The administrator of the personal data provided by the Customer in connection with the conclusion of a contract for the Account is the Service Provider.
   Detailed information on the processing of personal data by the Service Provider – including other purposes
   and the basis for data processing, as well as the recipients of the data, can be found in the
   privacy policy available in the Store – due to the principle of transparency, contained in the General Regulation of the European Parliament and
   of the Council (EU) on data protection – “RODO“.
2. The purpose of processing the Service Recipient’s data is to operate the Account. The basis for the processing of personal data in this
   case is the contract for the operation of the Account or actions taken at the request of the Service Recipient aimed at its
   conclusion (Article 6(1)(b) RODO), as well as the legitimate interest of the Service Provider, consisting in
   the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
3. Provision of data by the Customer is voluntary, but at the same time necessary to conclude a contract for Account management and provision of services covered by it. Failure to provide data means that the contract for the Account cannot be concluded, the Service Provider will not be able to provide the services covered by it.
4. Service Recipient’s data will be processed until:
   
   1. the Account agreement will cease to be in effect;
   2. the possibility of asserting claims by the Client or the Service Provider related to the Account will cease;
   3. the Client’s objection to the processing of his/her personal data will be accepted – if
      the basis for processing was the legitimate interest of the Service Provider

   – depending on what is applicable to your case.

5. The Service Recipient shall have the right to request:
   
   1. Access to their personal data,
   2. their correction,
   3. removals,
   4. processing restrictions,
   5. transfer of data to another controller

      As well as the law:

   6. object at any time to the processing of data for reasons related to the specific
      situation of the Service Recipient – to the processing of personal data concerning him/her, based on Article 6(1)
      (f) of the RODO (i.e. on legitimate interests pursued by the Service Provider).
6. In order to exercise their rights, the Service Recipient should contact the Service Provider.
7. If the Customer believes that his/her data is being processed unlawfully, the Customer may file a complaint with the authority competent for the protection of personal data. In Poland, this is the President of the Office for Personal Data Protection.

§ 8 CHANGE IN REGULATIONS OR ACCOUNT

1. The Service Provider reserves the right to change the Terms and Conditions only for important reasons. An important reason is understood as the necessity to change the Terms and Conditions caused by:
   
   1. change in the functionality of the Account, requiring modification of the Terms and Conditions or
   2. change in the law, affecting the implementation of the contract for the Account by the Service Provider or adaptation of services to recommendations, guidelines, orders or prohibitions, rulings, provisions, interpretations or decisions of authorized public authorities or
   3. change of contact or identification data of the Service Provider.
2. Information about the planned change to the Terms and Conditions will be sent to the email address of the Customer assigned to the Account at least
   7 days prior to the implementation of the changes.
3. In the event that the Service Recipient does not object to the planned changes by the time they take effect, it shall be deemed to accept them, which shall not constitute any obstacle to future termination of the contract.
4. If the Client does not accept the planned changes, he/she should send information about it to the Service Provider’s e-mail address specified in § 2 of the Terms and Conditions, which will result in termination of the Account agreement as soon as the planned changes take effect.
5. The Service Provider may make a change to the Account that is not necessary for its compliance with the Account agreement, for the reason indicated in paragraph 1(b) or because of a change in the functionality of the Account. The implementation of the change referred to in the preceding sentence shall not incur any costs on the part of the Privileged Customer. The provisions of paragraphs 2-4 shall apply accordingly.
6. If the change referred to in Paragraph 5 materially and adversely affects a privileged customer’s access to or use of the Account, the Service Provider shall send to the privileged customer’s e-mail address, well in advance, on a durable medium, information about the characteristics and timing of the change and the privileged customer’s rights in connection with the change.

§ 9 FINAL PROVISIONS

1. It is prohibited for the Customer to provide unlawful content.
2. The Account Agreement is concluded in the Polish language.
3. The contract concluded on the basis of these Regulations shall be governed by the laws of Poland, subject to the paragraph. 4.
4. The choice of Polish law for a contract concluded under these Terms and Conditions with a Consumer does not waive or limit the Consumer’s rights under mandatory provisions of law applicable to the Consumer in a situation where there is no choice of law. This means, in particular, that if the national regulations applicable to a given Consumer provide for protection broader than that provided under these Regulations or Polish law – the broader protection shall apply.
5. In the event of a possible dispute with a non-privileged customer related to the Account agreement, the competent court will have jurisdiction over the seat of the Service Provider.

Newsletter Regulations

in the Modny Stylista store

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right of withdrawal from the Agreement
§ 7 Personal data
§ 8 Change in Regulations or Newsletter
§ 9 Final provisions

§ 1 DEFINITIONS

§ 2 CONTACTING THE SERVICE PROVIDER

1. Postal address:
   3B Odrodzenia Street, 95-200 Pabianice
2. E-mail address: modnystylista@gmail.com
3. Phone: +48601140555
4. The cost of a telephone call or data transmission made by the Service Recipient is based on the basic tariff of the telecommunications operator or Internet service provider used by the Service Recipient. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or ISP used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

1. In order to use the digital content covered by the Regulations, you need:
   • active email account;
   • device with Internet access;
   • A web browser that supports JavaScript and cookies.

§ 4 AGREEMENT

1. The Customer may voluntarily subscribe to the Newsletter.
2. In order to receive the Newsletter, it is necessary to conclude an Agreement.
3. Emails sent under the Agreement will be directed to the email address provided by the Customer at the time of entering into the Agreement.
4. The Client, in order to conclude the Agreement, in the first step provides in the designated place in the Store his/her e-mail address to which he/she wishes to receive messages sent under the Agreement. Upon signing up for the Newsletter, the Agreement is concluded for an indefinite period of time, and the Service Provider will begin to provide it to the Client – subject to paragraph. 5.
5. In order to properly execute the Agreement, the Service Recipient is obliged to provide his correct e-mail address.
6. The Newsletter is delivered immediately after the Service Provider creates messages intended for Service Recipients.
7. Messages sent as part of the Newsletter will include information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
8. The Customer may unsubscribe from the Newsletter without giving any reason or incurring any costs, at any time, using the option referred to in the preceding provision, or by sending a message to the Service Provider’s email address specified in § 2 of the Terms and Conditions.
9. The Customer’s use of the unsubscribe link from the Newsletter or sending
   a message requesting to unsubscribe from the Newsletter will result in immediate termination of the Agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding the digital content covered by the Terms and Conditions be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
2. The Service Provider will respond to the complaint within 14 days of receiving the claim.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider shall be liable to the Privileged Customer for the compliance of the performance with the Agreement, as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.
4. In the event of improper performance of the Agreement by the Service Provider, the Privileged Customer has the opportunity to exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider has failed to deliver the digital content covered by the Agreement, the Privileged Customer may call on the Service Provider to deliver it. If the Service Provider nevertheless fails to deliver the digital content covered by the Contract immediately or within an additional period of time expressly agreed upon by the Privileged Customer and the Service Provider, the Privileged Customer may withdraw from the Contract.
6. Preferred Customer may withdraw from the Agreement without calling for delivery of digital content covered by the Agreement if:
   • it is clear from the Service Provider’s statement or circumstances that it will not provide the digital content covered by the Contract, or
   • The Privileged Customer and the Service Provider agreed, or it is clear from the circumstances of the conclusion of the Agreement, that a specific deadline for the delivery of the digital content covered by the Agreement was of material importance to the Privileged Customer, and the Service Provider failed to deliver it within that deadline.
7. The Service Provider shall be liable for non-compliance of the Newsletter with the Agreement, which, due to the fact that the Newsletter is delivered on a continuous basis, occurred or became apparent at the time when it was supposed to be delivered according to this Agreement.
8. If the digital content covered by the Terms and Conditions does not comply with the Agreement, the Privileged Customer may demand that it be brought into compliance with the Agreement.
9. In the event of non-compliance with the Agreement of the digital content covered by the Terms and Conditions, the Privileged Customer has the obligation to cooperate with the Service Provider, to a reasonable extent and with the least burdensome technical means, to determine whether non-compliance with the Agreement in a timely manner is due to the characteristics of the Privileged Customer’s digital environment.
10. In addition, if the digital content covered by the Terms and Conditions is inconsistent with the Agreement, the Privileged Customer may submit a statement of withdrawal from the Agreement when:
    • bringing such digital content into conformity with the Agreement is impossible or requires excessive costs pursuant to Article 43m (2) and (3) of the Consumer Rights Act;
    • The Service Provider has failed to bring the digital content covered by the Terms and Conditions into compliance with the Agreement within a reasonable period of time from the time the Service Provider was informed by the Priority Customer of the non-compliance with the Agreement, and without undue inconvenience to the Priority Customer, taking into account its nature and the purpose for which it is used;
    • the lack of compliance with the Agreement of the digital content covered by the Terms and Conditions continues to occur, even though the Service Provider has tried to bring it into compliance with the Agreement;
    • the non-conformity of the digital content covered by the Terms and Conditions with the Agreement is so significant that it justifies withdrawal from the Agreement without first taking advantage of the measure of protection set forth in Article 43m of the Consumer Rights Act (i.e., demanding that the digital content be brought into conformity with the Agreement);
    • it is clear from the Service Provider’s statement or circumstances that it will not bring the digital content covered by the Terms and Conditions into compliance with the Agreement within a reasonable time or without undue inconvenience to the Privileged Customer.

III OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS

11. The Service Provider shall inform the Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized for out-of-court dispute resolution. The Consumer may use, among others:
    • assistance from the relevant European Consumer Center from the Network of European Consumer Centers. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centers is, as a rule, free of charge. For a list of country-specific Consumer Centers, see:
      https://konsument.gov.pl/eck-w-europie/
    • Online Dispute Resolution (ODR) platform, provided by the European Commission, available at:
      https://ec.europa.eu/consumers/odr

    In addition, the following forms of support are available in the Commonwealth:

    • mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here:
      https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
    • assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at:
      https://uokik.gov.pl/stale_sady_polubowne.php
12. The preceding provision is for informational purposes and does not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution.
13. The use of out-of-court means of handling complaints and claims is voluntary for both the Service Provider and the Consumer.
14. The consumer can additionally take advantage of free assistance from the city or county consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL

1. The Privileged Customer has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
2. The period for withdrawal from the Agreement expires after 14 days from the date of conclusion of this Agreement.
3. In order for a Privileged Customer to exercise his/her right to withdraw from the Contract, he/she must inform the Service Provider, using the data provided in § 2 of the Terms and Conditions, of his/her decision to withdraw from the Contract by an unequivocal statement (for example, a letter sent by mail or e-mail).
4. A privileged Customer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.
5. In order to comply with the deadline for withdrawal from the Contract, it is sufficient that the Privileged Customer sends information regarding the exercise of his right to withdraw from the Contract before the expiration of the deadline for withdrawal from the Contract.

§ 7 PERSONAL DATA

1. The administrator of the personal data provided by the Customer in connection with the Agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and grounds for data processing, as well as recipients of the data, can be found in the privacy policy available in the Store – due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection – “RODO“.
2. The purpose of processing the Service Recipient’s data is:
   • Implementation of the Agreement; the basis for the processing of personal data in this case is the Agreement or actions taken at the request of the Customer to conclude the Agreement (Article 6(1)(b) RODO);
   • Analysis of the effectiveness of the messages sent under the Agreement, in order to establish general principles for effective mailing in the Service Provider’s business; the basis for processing personal data for this purpose is the Service Provider’s legitimate interest (Article 6(1)(f) RODO);
   • Establish, assert or defend possible claims related to the Contract; the basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) RODO).
3. Provision of data by the Customer is voluntary, but at the same time necessary for the conclusion of the Agreement and delivery of the digital content covered by it. Failure to provide data will result in the inability to conclude the Agreement and the Service Provider will not deliver the digital content covered by it.
4. Service Recipient’s data will be processed until:
   1. Agreement will cease to be in effect;
   2. the possibility of asserting claims by the Client or the Service Provider related to the Contract will cease;
   3. the Client’s objection to the processing of his/her personal data is accepted – where the basis of the processing was the legitimate interest of the Service Provider

   – depending on what is applicable to your case.

5. The Service Recipient shall have the right to request:
   1. Access to their personal data,
   2. their correction,
   3. removals,
   4. processing restrictions,
   5. transfer of data to another controller
      
      and also the right:
   6. object at any time to the processing of data for reasons related to the Service Recipient’s particular situation – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on legitimate interests pursued by the Service Provider).
6. In order to exercise their rights, the Service Recipient should contact the Service Provider.
7. If the Customer believes that his/her data is being processed unlawfully, the Customer may file a complaint with the authority competent for the protection of personal data. In Poland, this is the President of the Office for Personal Data Protection.

§ 8 CHANGE IN REGULATIONS OR NEWSLETTER

1. The Service Provider reserves the right to change the Terms and Conditions only for important reasons. An important reason is understood as the necessity to change the Terms and Conditions caused by:
   1. Change in the functionality of the Newsletter, requiring modification of the Terms and Conditions or
   2. change in the law, affecting the implementation of the Agreement by the Service Provider or adaptation of services to recommendations, guidelines, orders or prohibitions, rulings, provisions, interpretations or decisions of authorized public authorities or
   3. change of contact or identification data of the Service Provider.
2. Information about the planned change to the Terms and Conditions will be sent to the e-mail address of the Customer provided at the time of concluding the Agreement at least 7 days before the changes take effect.
3. If the Service Recipient does not object to the planned changes by the time they take effect, it shall be deemed to accept them, which shall not constitute any obstacle to the termination of the Agreement in the future.
4. If the Client does not accept the planned changes, he/she should send information about it to the Service Provider’s e-mail address specified in § 2 of the Terms and Conditions, which will result in termination of the Agreement as soon as the planned changes take effect.
5. The Service Provider may make a change to the Newsletter that is not necessary for its compliance with the Agreement, for the reason indicated in paragraph 1(b) or due to a change in the functionality of the Newsletter. Implementation of the change referred to in the preceding sentence shall not entail any costs on the part of the Preferred Customer. The provisions of paragraphs 2-4 shall apply accordingly.
6. If the change referred to in the preceding provision materially and adversely affects the Privileged Customer’s access to or use of the Newsletter, the Service Provider shall send to the Privileged Customer’s e-mail address in good time, on a durable medium, information about the characteristics and date of the change and the Privileged Customer’s rights in connection with the change.

§ 9 FINAL PROVISIONS

1. It is prohibited for the Customer to provide unlawful content.
2. The contract is concluded in the Polish language.
3. The contract concluded on the basis of these Regulations shall be governed by the laws of Poland, subject to the paragraph. 4.
4. The choice of Polish law for an Agreement concluded under these Terms and Conditions with a Consumer does not abrogate or limit the Consumer’s rights under mandatory provisions of law applicable to that Consumer in a situation where there is no choice of law. This means, in particular, that if national regulations applicable to a given Consumer provide for protection broader than that provided under these Regulations or Polish law – the broader protection shall apply.
5. In the event of a possible dispute with a non-privileged customer related to the Agreement, the competent court shall have jurisdiction over the seat of the Service Provider.