Regulations
I. Definitions
The terms used in the Regulations shall mean:
1. Customer - a natural person, a legal person or an organisational unit which is not a legal person and to which special provisions grant legal capacity, who makes an Order from the Shop;
2) Civil Code - the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
3. Rules and Regulations - these Rules and Regulations for the provision of services by electronic means as part of the online shop ExcludedFromCulture;
4. online shop (Store) - the online service available under ExcludedFromCulture, through which the Customer may, in particular, place Orders;
5. goods - the products presented in the Online Shop;
6. contract of sale - contract of sale of Goods in the meaning of the Civil Code, concluded between the company Modern Pro Łukasz Reczyński based in Kleosin at ul. Zambrowska 18/lok. 102 16-001 and the Customer, concluded with the use of the Shop's website;
7. the Consumer Rights Act - the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827);
8. the Act on the provision of services by electronic means - the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
9. order - Customer's declaration of will, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and number of Goods.
10. consumer - a natural person making a legal transaction with an entrepreneur which is not directly connected with his/her economic or professional activity.
II. General provisions
2.1 These Terms and Conditions set out the rules for the use of the online shop available at ExcludedFromCulture.
2.2 These Regulations are the regulations referred to in Article 8 of the Act on electronic provision of services.
2.3 The online shop, operating under ExcludedFromCulture, is run by Modern Pro Łukasz Reczyński with its registered office in Kleosin at ul. Zambrowska 18/lok. 102, 16-001, Poland and NIP number: 5381758729.
2.4 These Regulations define in particular:
a) rules for registration and use of an account within the online shop;
b) terms and conditions for electronic reservation of products available in the online shop;
c) terms and conditions for placing electronic Orders within the online shop;
d) principles of concluding Sales Agreements with the use of services provided within the framework of the Internet shop.
2.5 In accordance with applicable law, Modern Pro Łukasz Reczyński Company reserves the right to limit the provision of services through the Internet Shop to persons over the age of 18. In such a case, potential Customers will be notified of the above.
2.6 The Customers may access these Regulations at any time through the link placed on the main page of the website https://ExcludedFromCulture/regulamin and download and print them.
2.7 Information about the Goods given on the websites of the Store, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
III. Rules of using the Internet Shop
3.1 To start using the Online Shop, it is necessary to register with it or place orders by e-mail or telephone.
3.2 Registration takes place by completing and accepting a registration form made available on one of the pages of the Shop.
3.3 Registration is conditional on agreeing to the content of the Regulations and providing personal data marked as obligatory.
3.4 Modern Pro Łukasz Reczyńsk may deprive the Customer of the right to use the Internet Shop, as well as limit his/her access to a part or all resources of the Internet Shop, with immediate effect in the case of violation of the Regulations by the Customer, and in particular when the Customer:
a) provides during registration in the Online Shop data which is untrue, inaccurate or out-of-date, misleading or violating the rights of third parties,
b) commits other behaviour, which will be considered by Modern Pro Lukasz Reczynski as a behaviour contrary to the applicable law or general rules of Internet use or detrimental to the good name of Modern Pro Lukasz Reczynski.
3.5 A person who has been deprived of the right to use the online shop cannot register again without prior consent of Modern Pro Łukasz Reczyński.
3.6 In order to ensure the security of communication and data transfer in connection with the services provided within the framework of the Website, the Internet Shop takes technical and organisational measures appropriate to the degree of the threat to the security of the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data sent on the Internet.
3.7 In particular, the Customer shall:
a) not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or infringes the personal rights and other rights of third parties,
b) to use the Internet Shop in a manner that does not disrupt its operation, in particular by using specific software or devices,
c) not to undertake actions such as: sending or posting unsolicited commercial information (spam) within the scope of the Internet Shop,
d) to use any content placed in the Internet Shop only for his/her own personal use,
e) use the Internet Shop in a manner compliant with the provisions of the law in force in the Republic of Poland, the provisions of the Terms and Conditions of Use as well as with the general principles of Internet use.
IV. Procedure for concluding a Sales Agreement
4.1 In order to conclude a Sales Contract via the Online Shop, it is necessary to visit the ExcludedFromCulture website, make a selection of goods and their specifications, taking subsequent technical actions based on the messages displayed to the Customer and information available on the website.
4.2 The selection of the Goods ordered by the Customer is made by adding them to the shopping cart.
4.3 In the course of placing an Order - until the moment of pressing the "Order" button - The Customer has the possibility to modify the data entered and with regard to the selection of the Goods. For this purpose, it is necessary to follow the messages displayed to the Customer and the information available on the site.
4.4 After the Customer using the Online Shop has provided all the necessary data, a summary of the Order placed shall be displayed. The Order summary shall contain information on:
a) the subject of the Order,
b) unit price and total price of the ordered products or services, including delivery costs and additional costs (if any),
c) the selected method of payment,
d) the selected method of delivery and its time,
4.5 In order to send the Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as obligatory and press the button of the appropriate form of payment (order with obligation to pay).
4.6 Sending an Order by the Customer constitutes a declaration of will to conclude a Sales Contract with Modern Pro Łukasz Reczyński in accordance with the content of the Regulations.
4.7 After placing an Order, the Customer receives an e-mail message containing a final confirmation of all the important elements of the Order.
4.8 The Contract shall be considered concluded at the moment the Customer receives the e-mail mentioned above.
4.9 The Contract of Sale shall be concluded in the Polish language, with the content compliant with the Terms and Conditions.
4.10. Orders placed after 12:00 p.m. shall be accepted for fulfilment on the next working day.
V. Delivery
5.1 Delivery of the Goods is limited to the territory of the European Union and takes place to the address indicated by the Customer when placing the Order.
5.2 The delivery of the ordered Goods shall be made by courier, forwarding service. In addition, the delivery costs will be indicated during the placing of the Order. Ceiling rails are shipped in one piece up to a length of 2.4 metres.
5.3 The delivery time is specified on the product page and refers to working days. It is calculated from the day of order confirmation until the day the parcel is collected by the courier/shipper or collected by the customer himself.
5.4 The delivery time varies according to the type of delivery chosen and the place of collection. It is listed at the ordering stage. It is the time calculated from the day the parcel is collected by the courier/forwarder to the day the first delivery attempt is made.
5.5 Recording, securing, making available and confirming to the Customer the material provisions of the Agreement for the sale of the Goods shall take place by sending a VAT invoice to the Customer at the e-mail address provided.
5.6 In the case of combined orders, delivery shall be made from several independent warehouses. Depending on the availability of the ordered products, the delivery times for individual parts of the order may vary.
VI. Prices and payment methods
6.1 The prices of the Goods are given in Polish zloty and include all components, including VAT.
6.2 The Customer has the option to pay the price:
a) by bank transfer to the bank account number at BGŻ BNP Paribas 79 1600 1462 1841 1981 8000 0001
b) cash on delivery
c) DotPay fast payment
d) Blik payment
e) Shoper payment
f) Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
6.3 If there is a need to refund a transaction made by a customer with a payment card, the seller shall make the refund to the bank account assigned to the customer's payment card.
6. 4 The entity providing online payment services is Blue Media S.A. and Dotpay Sp. z o.o.
VII. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The right of withdrawal does not apply to goods that meet the stipulations of Art. 38. pt. 3, i.e. the object of performance is a non-refabricated item, produced to the consumer's specifications or serving to meet his/her individual needs. A return is not possible when the ordered product is individualised in terms of design, colour or size. The withdrawal period shall expire after 14 days from the day on which you have taken possession of the last lot or piece or on which a third party other than the carrier and indicated by you has taken possession of the last lot or piece.
To exercise your right of withdrawal, you must inform us by e-mail to contact@ExcludedFromCulture of your decision to withdraw from this contract by an unequivocal statement. In order to comply with the withdrawal period, it is sufficient for you to send us information concerning the exercise of your right of withdrawal before the expiry of the withdrawal period. The cost of returning the parcel shall be borne by the customer, but not the cost of delivery of the goods by the shop. If the courier refuses to accept the parcel, the goods are returned to the sender. The cost of return is payable additionally by the Customer and amounts to 100% of the basic amount.
Effects of withdrawal:
In the event of withdrawal from this contract, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any event not later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise.
VIII. Complaints
Complaints can be submitted via email address: contact@ExcludedFromCulture. In the complaint application, please include:
- name, surname, address, e-mail address of the Buyer,
- date of purchase
- photo of the advertised defects,
- description of the advertised defects.
If the data or information provided in the complaint needs to be supplemented, before considering the complaint, the Seller will ask the complainant to supplement it in the indicated scope. Complaints are considered within a maximum of 2 working days, the decision is sent to the e-mail from which the application was received, along with instructions on how to proceed.
- If you have made a purchase and the goods are sent to you by courier, please always check the condition of the package with the courier if it is not damaged
- if yes, necessarily check the contents for damage
- if yes, it is necessary to complete with him the protocol of damage to the package and take pictures showing the damage to the package
- this is the basis for the complaint in the event that the goods would be damaged.
We recommend these rules, because they affect the processing of any complaints made by you about product damage. This is important to us because the goods sent from us are always 100% new and undamaged, so if such a situation occurs, i.e. that the courier company damaged the goods in transit, we must have proof of this, and thus favorably consider your complaint.
IX. Liability under warranty
(1) The Seller shall be obliged to deliver the product to the Consumer as goods without defects.
(2) Any physical defects in the product shall be the responsibility of the Seller, according to the principles contained in the Civil Code Article 556.
(3) The Seller shall be relieved of liability under the warranty when the Consumer was aware of the product defects at the time of conclusion of the contract.
(4) The Consumer has the right to make a complaint under the warranty if the consumer goods are defective. The warranty period is 2 years.
(5) The filing of a complaint shall be done electronically. The consumer should make a complaint about the product by e-mail, sending it to contact@ExcludedFromCulture . In the complaint application, please include: - name, surname, address, e-mail address of the Buyer, - date of purchase - photo of the advertised defects, - description of the advertised defects.
(6) A consumer making a complaint should, at the expense of the seller, deliver the defective item to the place indicated in the contract (if this place is not specified, where it was issued to him).
(7) On the other hand, if the sold product has a defect, the customer may apply for a reduction in price or withdrawal from the contract, unless the defects are immediately removed or replaced with a defect-free product by the seller.
(8) According to Civil Code Article 561, the Seller is obliged to consider the complaint within 14 calendar days from the date of its submission.
(9) The consumer will be informed by the Seller by e-mail about the status of the complaint.
(10) Once the complaint is accepted, the Seller is obliged to reimburse the Consumer for the costs associated with the complaint
(11) If the repair or replacement of goods for a product without physical defects is considered as a complaint, the Seller shall bear the cost of shipping/delivery of goods.
(12) If the buyer is not a consumer, then according to the Civil Code Art. 558 liability under warranty is limited.
(13) The Seller's liability is limited to the value of the order.
X. INFORMATION OBLIGATION UNDER ARTICLE 13 of RODO
- Who is the controller of your personal data?
The administrator, i.e. the entity that decides how your personal data will be used, is Modern Pro Łukasz Reczyński. (hereinafter "ExcludedFromCulture") based in Kleosin, 18 Zambrowska St./lok. 102.
- Who can you contact to get more information about the processing of your personal data by ExcludedFromCulture?
If you have questions about ExcludedFromCulture's processing of your personal data, you can contact us by emailing us at contact@ExcludedFromCulture. You can also contact our designated Data Protection Officer using the following contact information: Data Protection Officer ExcludedFromCulture, 18 Zambrowska St./lok. 102, 16-001 Kleosin.
- From whom did we obtain your personal data?
We obtained your personal data directly from you when you created an account with ExcludedFromCulture, as well as later when you use ExcludedFromCulture's online store.
- For what purpose and on what basis does ExcludedFromCulture process your personal data?
We are entitled to process your personal data because it is necessary for the performance of a contract concluded between us or the exercise of our legitimate interests, for the purposes of:
- enabling you to use the services provided electronically, including providing you with the ability to fully use ExcludedFromCulture;
- Enabling you to set up and manage your account and allowing you to monitor your orders and their history;
- enabling you to give feedback, reviews or comments;
- to provide you with the ability to process payments for your transactions;
- to handle inquiries and requests you make to us;
- to contact you in particular for the purpose related to the provision of services;
- terminate the contract for the provision of electronic services, including your request to close your account.
The law requires us to process your data for tax and accounting purposes.
- We may also process your personal data on the basis of legitimate interests for the purposes of:
- analyzing and managing your activity on ExcludedFromCulture's websites in order to tailor services and content to your individual preferences;
- to organize loyalty programs and contests in which you may participate;
- to perform technical operations and troubleshoot technical problems related to the administration of ExcludedFromCulture's servers;
- conducting marketing activities of its own services;
- compiling general statistics about your and other users' usage, including the collection of general demographic information (e.g., about the region from which you connect);
- debt collection;
- conducting litigation, arbitration and mediation;
- providing payment services;
- ensuring the security and integrity of the services we provide to you electronically, including preventing fraud and abuse and ensuring traffic security;
- to tailor advertisements according to the content you have previously viewed, to customize categories of offers or individual offers in your account settings;
- contacting you, including for purposes related to permitted marketing activities, - conducting statistical analysis;
- storing data for archival purposes, and ensuring accountability (demonstrating our compliance with legal obligations). ExcludedFromCulture is entitled to process your personal data on the basis of the consent you have given in order to:
- organize contests in which you may participate (depending on the type of contest);
- receiving and displaying your comments on product purchases - storing data in cookies;
- collecting data from websites and mobile applications;
You can withdraw your consent at any time in the same way you gave it.
- Do you have to provide ExcludedFromCulture with your personal data?
It is a statutory requirement for you to provide your personal data only to the extent that you will be the winner of a contest or promotion and receive a prize that requires a tax return, and it is also required by us in order to conclude and perform the contract concluded with you, i.e. name, surname, e-mail address, telephone, shipping address of the ordered goods. If you do not provide the above-mentioned personal data, it is not possible to complete the sales transaction. Your provision of other personal data is voluntary.
- What rights do you have against ExcludedFromCulture?
We assure you that we will exercise all your rights: the right to access your personal data, to rectify your data, to erase it, to restrict its processing, the right to data portability, not to be subject to automated decision-making, including profiling, and the right to object to the processing of your personal data. You can exercise these rights when:
- with regard to a request for data rectification: you notice that your data is incorrect or incomplete;
- with regard to a request for deletion of data:
- your data will no longer be necessary for the purposes for which they were collected by ExcludedFromCulture;
- you will withdraw your consent to data processing;
- you will object in advance to the processing of your data;
- your data will be processed unlawfully;
- your data should be deleted in order to comply with a legal obligation;
- or the data was collected in connection with the provision of electronic services offered to your child. With regard to the request for restriction of data processing:
- you notice that your data is incorrect - for a period of time to allow ExcludedFromCulture to check the accuracy of your data;
- Your data will be processed unlawfully, but you will not want it deleted;
- Your data is no longer needed by ExcludedFromCulture, but may be needed by you to defend or assert claims;
or you object to the processing - until it is determined whether the legitimate grounds on the part of ExcludedFromCulture override the grounds for the objection;
- with regard to a request for data portability if the processing of your data takes place on the basis of your consent or a contract concluded with you and the processing is carried out by automated means. You may file a complaint with the President of the Office for Personal Data Protection, based in Warsaw, Stawki 2 Street, regarding our processing of your personal data.
- In what situations can you object to the processing of your data?
You have the right to object to the processing of your personal data when the processing is carried out on the basis of a legitimate interest or for statistical purposes, and the objection is justified by the particular situation in which you find yourself, or your personal data is processed for direct marketing purposes, including being profiled for that purpose.
- To whom does ExcludedFromCulture share your personal data?
Your personal data may be shared with third parties (contractors, courier companies, payment operators, websites that cooperate with ExcludedFromCulture) if this is necessary to provide services to ExcludedFromCulture. If we are required to do so by law, we will share your personal data with authorized entities, including competent judicial authorities. If necessary, we may provide your personal data to public authorities for the purpose of fighting fraud and abuse.
- What is the storage period for your personal data?
ExcludedFromCulture retains your personal data for the duration of the contract and after its termination if there is a risk of redress in connection with its performance, but for no longer than 10 years from the date of its termination. Personal data that we process on the basis of tax and accounting regulations we are obliged to keep for a period of 5 years after the end of the year in which the tax deadline has passed. Personal data that we process for marketing purposes, we are entitled to process only for the duration of the contract binding us or until you make a valid objection. We process personal data processed for contests for the duration of the contests and the relevant tax settlements.
- To which third countries or international organizations does ExcludedFromCulture transfer your personal data?
Your personal data will be transferred outside the European Economic Area to Google LLC based on appropriate legal safeguards, which are standard contractual clauses for the protection of personal data approved by the European Commission.
- Do we profile your personal data or automatically make decisions about you?
Profiling is the automated processing of your personal data in terms of your behavior, economic circumstances, your work, interests, preferences or location Your personal data will be processed by automated means (including profiling), but this will not have any legal effect on you or similarly materially affect you.