Terms and conditions

Terms and conditions of the online shop
The document sets out primarily the rules under which contracts are concluded in the Shop, including important information about the Seller, the Shop and the rights of consumers.

CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical requirements
§ 4 Making Purchases from the Shop
§ 5 Payments
§ 6 Completing the order
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Objections
Annex 1: Model withdrawal form

§ 1 DEFINITIONS
Business days - days from Monday to Friday with the exception of public holidays in Poland.
Civil Code - the Polish Act of 23 April 1964 Civil Code.
Consumer - a buyer who is a natural person, buying in the Store or taking actions aimed at making a purchase, without direct connection with his/her economic or professional activity.
Account - a digital service regulated by separate regulations within the meaning of the Act on Consumer Rights, thanks to which the Buyer may 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 - a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur - a Buyer who is an individual, concluding or intending to conclude a contract with the Seller on the basis of the Terms and Conditions directly related to his/her business activity, but not of a professional nature for him/her.
Terms and Conditions - these Regulations.
Shop - Modernbhp online shop operated by the Seller at https://modernbhp.pl.
Seller - MODERN COMPANY SP. Z O.O with its registered seat at ul. Goździkowa 35, 59-220 Legnica, entered into the National Court Register - Register of Entrepreneurs by the REGON SĄD REJONOWY DLA WROCŁAWIA FABRYCZNEJ WE WROCŁAWIU, IX WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDEGO, under No. KRS 0001060318, NIP 6912572717, REGON no. 52647694200000, share capital 20000,00 zł.
Consumer Rights Act - Polish Act of 30 May 2014 on consumer rights.
§ 2 CONTACT WITH THE SELLER
Postal address: ul. Goździkowa 35, 59-220 Legnica
E-mail address: biuro@modernbhp.pl
Telephone: +48 76 817 60 01
The cost of a telephone call or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or Internet service provider used by the Buyer. The Seller points out 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 Internet service provider used by the Buyer.
§ 3 TECHNICAL REQUIREMENTS
For the proper functioning of the Shop, the following is required:
a device with access to the Internet
a web browser supporting JavaScript and cookies.
To place an order in the Shop, apart from the requirements specified in paragraph 1, an active e-mail account is necessary.
§ 4 SHOPPING IN THE STORE
Product prices shown in the Shop are total prices for the product.
The Seller points out that the total order price consists of the price for the product indicated in the Shop and, if applicable, the delivery costs of the goods.
The product selected for purchase must be added to the shopping cart in the Store.
The Buyer then chooses the method of delivery of the goods and the method of payment for the order from among the options available in the Shop and provides the data necessary to complete the order placed.
The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
The Buyer may register with the Shop, i.e. create an Account therein, or make purchases without registering by providing his/her data with each possible order.
§ 5 PAYMENTS
The following payment methods are available in the Shop:
simple transfer to the Seller's bank account;
by payment card:
Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro
via a payment platform:
PayPal
PayU
Przelewy24
cash on delivery, i.e. cash on delivery of the goods to the buyer;
by card or cash at the time of personal collection of the goods.
If the Buyer chooses to pay in advance, the order must be paid for within 2 Working Days of placing the order.
By purchasing from the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.
§ 6 ORDER PROCESSING
The order lead time is indicated in the Shop.
If the Buyer has chosen to pay for the order in advance, the Seller shall proceed to process the order after it has been paid.
If the Buyer has purchased products with different lead times within one order, the order shall be fulfilled within the time limit applicable to the product with the longest lead time.
Countries on the territory of which the delivery takes place:
Poland
Germany
France
Czech Republic
Slovakia
Bulgaria
Belgium
Romania
United Kingdom
Hungary
Lithuania
Latvia
Estonia
The following delivery methods are available in the Shop:
via courier company;
via ORLEN Parcels;
to InPost parcel machines.
The Buyer may collect the goods in person at the company's premises during its opening hours.
If the Buyer chooses to collect the goods in person, the goods will be ready for collection on the indicated order completion date.
§ 7 RIGHT OF WITHDRAWAL
A privileged Buyer has the right to withdraw from a contract concluded with the Seller through the Shop, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
The period to withdraw from the contract expires after 14 days from the day:
on which the Priority Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Priority Buyer came into possession of the goods;
on which the Priority Buyer has taken possession of the last good, lot or part, or on which a third party other than the carrier and indicated by the Priority Buyer has taken possession of the last good, lot or part, in the case of a contract involving the transfer of ownership of multiple goods which are delivered separately, in lots or in parts.
In order for the 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 (for example, a letter sent by post or e-mail).
A privileged buyer may use the model withdrawal form at the end of the Terms and Conditions, but it is not obligatory.
In order to comply with the withdrawal period, it is sufficient for the Priority Buyer to send information concerning the exercise of his right of withdrawal before the expiry of the withdrawal period.

EFFECTS OF WITHDRAWAL
In the event of withdrawal from the concluded contract, the Seller shall return to the Priority Buyer all payments received from him, including the costs of delivery of the goods (with the exception of the additional costs resulting from the method of delivery chosen by the Priority Buyer other than the cheapest ordinary method of delivery offered by the Seller), immediately and in any case not later than 14 days from the day on which the Seller was informed of the decision of the Priority Buyer to exercise his right of withdrawal.
The Seller shall refund the payment using the same means of payment that were used by the Priority Buyer in the original transaction, unless the Priority Buyer agrees otherwise, in any case the Priority Buyer shall not incur any charges in connection with such refund.
If the Seller has not offered to collect the goods itself from the Privileged Buyer, the Seller may withhold payment until it has received the goods or until it has been provided with proof of return, whichever event occurs first.
The Seller requests that goods be returned to the address: ul. Goździkowa 35, 59-220 Legnica immediately, and in any case no later than 14 days from the day on which the Purchaser privileged to inform the Seller about the withdrawal from the sales contract. The deadline is met if the Priority Buyer sends back the goods before the expiry of the 14-day period.
The privileged buyer shall bear the direct costs of returning the goods.
The privileged buyer shall only be liable for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
If the goods, due to their nature, cannot be returned by ordinary mail, the Privileged Buyer 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 Shop or when placing the order.
In the event that a refund is required for a transaction made by a privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Terms and Conditions, shall not apply to a contract:
in which the subject of the performance is a non-refabricated good, produced according to the specifications of the privileged Buyer or serving to satisfy his individualised needs;
in which the object of the performance is goods which are perishable or have a short shelf life;
in which the object of performance is goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
where the object of the performance is goods which, by their nature, are inseparable from other goods after delivery;
where the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery;
for the supply of newspapers, periodicals or magazines with the exception of subscription contracts;
in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the contract.
§ 9 COMPLAINTS
I GENERAL PROVISIONS
The Seller shall be liable to the Purchaser as a privileged party for the conformity of the performance with the contract, as provided for by generally applicable laws, including in particular the provisions of the Act on Consumer Rights.
The Seller requests that complaints (including those regarding the operation of the Shop) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
If a guarantee has been granted for a product, information about it and its terms is available in the Shop.
The Seller shall respond to the complaint within 14 days of its receipt.
II PRIORITY BUYERS
Goods
In the event of non-conformity of the goods with the contract, the Privileged Buyer has the possibility of exercising the rights set out in Chapter 5a of the Consumer Rights Act.
The Seller shall be liable for the non-conformity of the goods with the contract existing at the time of delivery and disclosed 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.
Pursuant to the provisions of the Consumer Rights Act, in the event of non-compliance with the contract, the privileged Buyer may demand:
replacement of the goods,
repair of the goods.
In addition, the Privileged Buyer may make a declaration for:
price reduction,
withdraw from the contract
in a situation when:
The Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
The seller has failed to bring the goods into conformity with the contract in accordance with article 43d paragraph 4-6 of the Consumer Rights Act;
the lack of conformity of the goods with the contract continues despite the fact that the Seller has tried to bring the goods into conformity with the contract;
the lack of conformity of the goods with the contract is significant enough to justify a reduction of the price or rescission of the contract without prior use of the remedies specified in article 43d of the Consumer Rights Act;
it is clear from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience for the favoured Buyer.
In the case of goods subject to repair or replacement, the Priority Buyer shall make the goods available to the Seller. The Seller shall collect the goods from the Priority Buyer at his own expense.
The privileged purchaser may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
In the event of withdrawal from the contract referred to in this section (concerning goods), the Priority Buyer shall immediately return the goods to the Seller at the Seller's expense to the address ul. Goździkowa 35, 59-220 Legnica. 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.
The Seller shall return to the Priority 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 Priority Buyer's statement on price reduction.
Out-of-court ways of dealing with complaints and claims
The Seller shall inform the Consumer about the possibility to use out-of-court ways of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the offices or websites of entities entitled to out-of-court dispute resolution. The consumer may make use of, among others:
the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help to resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. You can find a list of the Consumer Centres competent for your country at: https://konsument.gov.pl/eck-w-europie/
the 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 can be used in the Republic of Poland:
mediation conducted by the locally competent Voivodship 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
with the assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
The preceding provision is for information purposes only and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution.
The use of out-of-court means of dealing with complaints and claims is voluntary for both the Seller and the Consumer.
The Consumer may additionally make use of the free assistance of the municipal or district consumer ombudsman.
III PURCHASERS OTHER THAN PRIORITY PURCHASERS
In the event of a defect in the goods, a Buyer other than a Priority Buyer has the possibility to claim the defective goods on the basis of the warranty regulated in the Civil Code.
Towards a Buyer other than a privileged Buyer, the Seller shall be liable under the warranty if the physical defect is discovered before the expiry of two years from the date of delivery of the goods to the Buyer.
Pursuant to the Civil Code, the Purchaser who is an entrepreneur other than a privileged entrepreneur loses the 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 notify the Seller about the defect immediately, and if the defect came to light only later - if he did not notify the Seller immediately after its discovery. Sending notice of the defect before the deadline shall be sufficient to meet the above deadline.
When exercising the warranty, the Buyer other than a Priority Buyer may, under the terms of the Civil Code:
- make a declaration to reduce the price,
in the case of a material defect - make a declaration on withdrawal from the contract,
demand that the goods be replaced with goods free from defects,
demand the defect to be removed.
If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Buyer other than the privileged Buyer is obliged to deliver the goods to the address ul. Goździkowa 35, 59-220 Legnica.
§ 10 PERSONAL DATA
The administrator of the personal data provided by the Buyer while using the Shop is the Seller. Detailed information concerning the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data - can be found in the privacy policy available at the Shop - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
The purpose of the Seller's processing of the Buyer's data provided by the Buyer in connection with purchases in the Shop is the processing of orders. The basis for the processing of personal data in this case is:
the contract or actions taken at the request of the Buyer aimed at its conclusion (Art. 6(1)(b) RODO),
the Seller's legal obligation relating to accounting (Article 6(1)(c) RODO), and
the legitimate interest of the Seller to process the data in order to establish, assert or defend possible claims (art. 6(1)(f) RODO).
The provision of data by the Buyer is voluntary, but at the same time necessary for the conclusion of the contract. Failure to provide data will make it impossible to conclude a contract in the Shop.
The Buyer's data provided in connection with purchases in the Shop will be processed until:
the contract concluded between the Buyer and the Seller is no longer valid;
the Seller is no longer legally obliged to process the Buyer's data;
the possibility of asserting claims by the Buyer or the Seller related to the contract concluded by the Shop ceases;
the Buyer's objection to the processing of his personal data - in the case when the basis of data processing was the justified interest of the Seller - is accepted.
- depending on what is applicable in a given case.
The Buyer has the right to request:
access to his/her personal data,
rectification,
erasure,
restriction of processing,
to have the data transferred to another controller
as well as the right to:
object at any time to the processing of the data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him/her based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the Seller).
In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Terms and Conditions.
If the Buyer considers that his/her data is being processed unlawfully, the Buyer may file a complaint with the authority competent for the protection of personal data. In Poland, it is the President of the Office for Personal Data Protection.
§ 11 DISCLAIMERS
The provision of unlawful content by the Buyer is prohibited.
Each order placed in the Shop constitutes a separate agreement and requires a separate acceptance of the Terms and Conditions. The contract is concluded for the time and purpose of fulfilling the order.
All contracts concluded on the basis of these Terms and Conditions shall be governed by Polish law, subject to the provisions of paragraph 4.
The choice of Polish law for contracts concluded on the basis of these Terms and Conditions with a Consumer does not waive or limit the rights of that Consumer under mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if national provisions applicable to a given Consumer provide for protection broader than that provided for under these Terms and Conditions or Polish law, the broader protection shall apply.
Contracts concluded on the basis of these Regulations shall be concluded in the Polish language.
In the case of a potential dispute with a Buyer who is not a Priority Buyer, related to a contract concluded through the Shop, the court of competent jurisdiction shall be the court having jurisdiction over the registered office of the Seller.

Attachment No. 1 to the Terms and Conditions

Below you will find a model withdrawal form, which the Consumer or Privileged Buyer may or may not use:

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

MODERN COMPANY SP. Z O.O
ul. Goździkowa 35, 59-220 Legnica
e-mail address: biuro@modernbhp.pl
- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) / provision of the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................
- Date of conclusion of the contract(*)/of receipt(*)

..............................................................................................................................................................................

- Name of Consumer(s)/Entrepreneur(s) privileged:

..............................................................................................................................................................................

- Address of Consumer(s)/Entrepreneur(s) privileged:

..............................................................................................................................................................................

.............................................................................................
Consumer(s)/Entrepreneur(s) signature
(only if the form is sent on paper)

Date ............................................

(*) Delete as appropriate.

Account Terms and Conditions
in Modernbhp shop

CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of Revocation
§ 7 Personal Data
§ 8 Changes to the Terms and Conditions or Account
§ 9 Final provisions

§ 1 DEFINITIONS
Consumer - a Customer who is a natural person and who has concluded an agreement for the provision of an Account under these Terms and Conditions or undertakes activities aimed at concluding such an agreement, without direct connection with his/her economic 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 may use additional functions in the Shop.
Privileged Entrepreneur - a Service Recipient who is a natural person concluding an Agreement for an Account under the Terms and Conditions (or taking steps to conclude an Agreement), directly related to his/her business activity, but not of a professional nature for him/her.
Terms and Conditions - these terms and conditions of the Account.
Shop - Modernbhp online shop operated by the Service Provider at https://modernbhp.pl.
Customer - any entity that has entered into a contract for the Account or takes steps to enter into such a contract.
Privileged Customer - a Customer who is a Consumer or a Privileged Entrepreneur.
Service Provider - MODERN COMPANY SP. Z O.O with its registered seat at ul. Goździkowa 35, 59-220 Legnica, entered in the National Court Register - Register of Entrepreneurs by the REGON SĄD REJONOWY DLA WROCŁAWIA FABRYCZNEJ WE WROCŁAWIU, IX WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDEGO, under no. KRS 0001060318, NIP 6912572717, REGON no. 52647694200000, share capital 20000,00 zł.
Consumer Rights Act - Polish Act of 30 May 2014 on consumer rights.
§ 2 CONTACT WITH THE SERVICE PROVIDER
Postal address: 35 Goździkowa Street, 59-220 Legnica
E-mail address: biuro@modernbhp.pl
Telephone: +48 76 817 60 01
The cost of a telephone call or data transmission made by the Customer is based on the basic tariff of the telecommunications operator or Internet service provider used by the Customer. The Service Provider points out 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 Internet service provider used by the Client.
§ 3 TECHNICAL REQUIREMENTS
For the proper functioning and establishment of an Account, the following is required:
an active e-mail account,
a device with access to the Internet,
a web browser supporting JavaScript and cookies.
§ 4 ACCOUNT
The creation of an Account is entirely voluntary and subject to the will of the Customer.
An Account gives the Customer additional opportunities such as: viewing the history of orders placed by the Customer in the Shop, checking the status of the order or editing the Customer's data.
In order to set up an Account, a relevant form must be filled in the Shop.
The moment an Account is created, a contract for an indefinite period of time is concluded between the Customer and the Service Provider for the maintenance of the Account under the rules specified in these Terms and Conditions.
The Service Provider shall commence the provision of the service of maintaining the Account under the terms specified in the Terms and Conditions immediately after the conclusion of the agreement for maintaining the Account.
The Customer may without incurring any costs at any time resign from the Account.
The deletion of the Account shall result in the termination of the Account agreement. In order for the Service Provider to delete the Account, the Customer must send his/her resignation from the Account to the Service Provider's email address as stated in § 2 of the Terms and Conditions, which will result in the immediate deletion of the Account and the termination of the Account Agreement.
§ 5 COMPLAINTS
I GENERAL PROVISIONS
The Service Provider requests that complaints concerning the Account be submitted to the postal or electronic address specified in § 2 of the Terms and Conditions.
The Service Provider shall respond to the complaint within 14 days of receipt of the complaint.
II PRIVILEGED RECIPIENTS
The Service Provider shall be liable vis-à-vis the Privileged Client for the compliance of the performance with the contract, as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.
In the event of inadequate performance of the Account contract by the Service Provider, the Privileged Customer has the possibility of exercising the rights regulated in section 5b of the Consumer Rights Act.
If the Service Provider has failed to provide the digital service, the Privileged Customer may call on the Service Provider to provide the digital service. If the Service Provider nevertheless fails to deliver the digital service immediately or within an additional period of time expressly agreed between the Service Provider and the Privileged Customer, the Privileged Customer may withdraw from the Account contract.
The Priority Customer may withdraw from the Account contract without calling for the provision of the digital service if:
it is clear from the Service Provider's statement or circumstances that it will not deliver the digital service or
the Privileged Customer and the Service Provider have agreed, or it is clear from the circumstances of the Account Agreement, that a specific date for the delivery of the digital service was of material importance for the Privileged Customer and the Service Provider has not delivered the digital service within this date.
The Service Provider shall be liable for the non-conformity with the Account agreement of a digital service delivered on a continuous basis that occurred or became apparent at the time when, according to this agreement, the service was to be delivered.
If the digital service is not in conformity with the Account agreement, the Priority Customer may request that it be brought into conformity with this agreement.
If the digital service does not comply with the Account Agreement, the Privileged Customer is obliged to cooperate with the Service Provider, to a reasonable extent and using the least onerous technical means, to determine whether the digital service's non-compliance with the Account Agreement in a timely manner is due to the characteristics of the Privileged Customer's digital environment.
In addition, if the digital service does not comply with the Account contract, the Priority Customer may submit a declaration of withdrawal from that contract when:
bringing the digital service into conformity with the Account 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 service into conformity with the Account contract within a reasonable time from the time the Service Provider was informed by the Priority Customer of the non-conformity with that contract, and without undue inconvenience to the Priority Customer, taking into account the nature and purpose of that digital service for which it is used;
the non-compliance of the Digital Service with the Account Agreement continues even though the Service Provider has attempted to bring the Digital Service into compliance with that Agreement;
the non-conformity of the digital service with the Account agreement is such as to justify cancellation of the Account agreement without first making use of the remedy set out in Article 43m of the Consumer Rights Act (i.e. requesting that the digital service be brought into conformity with the agreement);
it is clear from the Service Provider's statement or the circumstances that the Service Provider will not bring the digital service into conformity with the Account contract within a reasonable time or without undue inconvenience for the Priority Customer.
III OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
The Service Provider shall inform the Consumer of the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are available at the offices or on the websites of the entities authorised to handle disputes out of court. The consumer may make use of, among others:
the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help to resolve a dispute in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. You can find a list of the Consumer Centres competent for your country at: https://konsument.gov.pl/eck-w-europie/
the 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 Republic of Poland:
mediation conducted by the locally competent Voivodship 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 a locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: >https://uokik.gov.pl/stale_sady_polubowne.php
The preceding provision is for information purposes and does not constitute an obligation on the part of the Service Provider to make use of out-of-court dispute resolution.
The use of out-of-court means of dealing with complaints and claims is voluntary for both the Service Provider and the Consumer.
The Consumer may additionally use the free assistance of the municipal or district consumer ombudsman.
§ 6 RIGHT OF WITHDRAWAL
The Privileged Customer has the right to withdraw from the Agreement for Accounts concluded with the Service Provider within 14 days without giving any reason.
The period of withdrawal from the Account contract expires 14 days after the conclusion of this contract.
In order for the Priority Customer to exercise his right of withdrawal, he must inform the Service Provider, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or e-mail).
A privileged Customer may use the model withdrawal form at the end of the Terms and Conditions, but this is not obligatory.
In order to comply with the withdrawal period, it is sufficient for the Priority Customer to send information concerning the exercise of his/her right of withdrawal before the expiry of the withdrawal period.
§ 7 PERSONAL DATA
The Service Provider is the administrator of the personal data provided by the Client in connection with the conclusion of the contract for the Account. Detailed information concerning the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as recipients of the data, is contained in the privacy policy available in the Shop - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
The purpose of the processing of the Customer's data is to operate the Account. The basis for the processing of personal data in this case is the contract for the provision of the Account or actions taken at the request of the Client aimed at concluding such a contract (Article 6(1)(b) of the DPA), 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) of the DPA).
The provision of data by the Client is voluntary, but at the same time necessary for the conclusion of the Agreement for the Account and the provision of the services covered by it. Failure to provide the 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.
The Client's data will be processed until:
the Account agreement ceases to be in force;
the possibility for the Client or the Service Provider to assert claims related to the Account ceases to exist;
the Client's objection to the processing of his/her personal data is accepted - if the processing was based on the Service Provider's legitimate interest
- as applicable in the case in question.
The Client has the right to request:
access to his/her personal data,
rectification,
erasure,
restriction of processing,
to have the data transferred to another controller
as well as the right to:
object at any time to the processing of data for reasons related to the particular 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 the legitimate interests pursued by the Service Provider).
In order to exercise his/her rights, the Client should contact the Service Provider.
If the Client considers that his/her data is being processed unlawfully, the Client may lodge 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 THE RULES OR ACCOUNT
The Service Provider reserves the right to amend the Terms and Conditions only for important reasons. An important reason shall be understood as the necessity to change the Terms and Conditions caused by:
a change in the functionality of the Account, requiring modification of the Terms and Conditions or
a change in the law affecting the performance of the Agreement for the provision of an Account by the Service Provider or the adjustment of the services to the recommendations, guidelines, orders or prohibitions, rulings, provisions, interpretations or decisions of authorised public authorities or
change of the Service Provider's contact or identification data.
Information about the planned change to the Terms and Conditions will be sent to the Client's e-mail address assigned to the Account at least 7 days before the changes take effect.
If the Service Recipient does not object to the planned changes by the time they take effect, he/she is deemed to have accepted them, which does not constitute any obstacle to the termination of the agreement in the future.
In the event that the Client does not accept the planned changes, the Client should send a notice to the Service Provider's e-mail address set out in § 2 of the Terms and Conditions, which will result in the termination of the Agreement for the operation of the Account as soon as the planned changes come into effect.
The Service Provider may make changes to the Account which are not necessary to maintain its compliance with the Account agreement for the reason indicated in paragraph 1(b) or due to a change in the functionality of the Account. The implementation of the change referred to in the preceding sentence shall not entail any costs on the part of the Priority Customer. The provisions of paragraphs 2 to 4 shall apply accordingly.
If the change referred to in paragraph 5 materially and adversely affects the Privileged Client's access to or use of the Account, the Service Provider will send to the Privileged Client's e-mail address, well in advance, on a durable medium, information on the nature and timing of the change and the rights to which the Privileged Client is entitled in connection with this change.
§ 9 FINAL PROVISIONS
The provision of unlawful content by the Service Recipient is prohibited.
The Agreement for maintaining an Account shall be concluded in the Polish language.
The agreement concluded under these Terms and Conditions shall be governed by Polish law, subject to paragraph 4.
The choice of Polish law for an agreement concluded on the basis of these Terms and Conditions with the Consumer does not waive or limit the Consumer's rights under mandatory provisions of law applicable to the Consumer in a situation where no choice of law applies. This means, in particular, that if the national provisions applicable to a given Consumer provide for protection that is broader than that provided for under these Terms and Conditions or Polish law - the broader protection shall apply.
In the event of a potential dispute with a Customer who is not a Priority Customer related to the Account agreement, the competent court shall be the court with jurisdiction over the registered office of the Service Provider.
Appendix 1 to the Terms and Conditions
Below is a model withdrawal form, which the Consumer or Privileged Business may or may not use:

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

MODERN COMPANY SP. Z O.O
ul. Goździkowa 35, 59-220 Legnica
e-mail address: biuro@modernbhp.pl
- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract for provision of the following service(*) / for supply of digital content in the form of(*):

..............................................................................................................................................................................

- Name of Consumer(s)/Entrepreneur(s) privileged:

..............................................................................................................................................................................

- Address of the Consumer(s)/privileged trader(s):

..............................................................................................................................................................................

.............................................................................................
Consumer(s)/Entrepreneur(s) signature
(only if the form is sent on paper)

Date ............................................

(*) Delete as appropriate.

Newsletter regulations
in Modernbhp shop

CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Contract
§ 5 Complaints
§ 6 Right of withdrawal from the Contract
§ 7 Personal Data
§ 8 Amendments to the Terms & Conditions or Newsletter
§ 9 Final provisions
§ 1 DEFINITIONS
Consumer - Customer who is a natural person who has entered into the Contract or takes steps to enter into the Contract without any direct connection with his/her commercial or professional activity.
Newsletter - messages relating to the Store, including information on offers, promotions and news in the Store, provided free of charge to the Customer by the Service Provider under the Agreement, constituting digital content within the meaning of the Consumer Rights Act.
Preferred Entrepreneur - a Customer who is a natural person concluding the Agreement (or taking steps to conclude the Agreement), directly related to his/her business activity, but not of a professional nature for him/her.
Terms and Conditions - these Terms and Conditions.
Shop - the Modernbhp online shop operated by the Service Provider at https://modernbhp.pl.
Contract - the contract for the provision of the Newsletter.
Customer - any entity that has entered into the Agreement or takes steps to enter into the Agreement.
Priority Customer - a Customer who is a Consumer or a Priority Entrepreneur.
Service Provider - MODERN COMPANY SP. Z O.O with its registered seat at ul. Goździkowa 35, 59-220 Legnica, entered in the National Court Register - Register of Entrepreneurs by the REGON SĄD REJONOWY DLA WROCŁAWIA FABRYCZNEJ WE WROCŁAWIU, IX WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDEGO, under no. KRS 0001060318, NIP 6912572717, REGON no. 52647694200000, share capital 20000,00 zł.
Consumer Rights Act - Polish Act of 30 May 2014 on consumer rights.
§ 2 CONTACT WITH THE SERVICE PROVIDER
Postal address: 35 Goździkowa Street, 59-220 Legnica
E-mail address: biuro@modernbhp.pl
Telephone: +48 76 817 60 01
The cost of a telephone call or data transmission made by the Customer is based on the basic tariff of the telecommunications operator or Internet service provider used by the Customer. The Service Provider points out 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 Internet service provider used by the Client.
§ 3 TECHNICAL REQUIREMENTS
In order to use the digital content covered by the Terms and Conditions, you need:
an active e-mail account;
a device with access to the Internet;
a web browser that supports JavaScript and cookies.
§ 4 AGREEMENT
The Customer may voluntarily subscribe to the Newsletter.
In order to receive the Newsletter, it is necessary to conclude an Agreement.
Emails sent under the Agreement will be directed to the email address provided by the Customer at the time of concluding the Agreement.
In order to conclude the Agreement, the Customer first enters his/her e-mail address to which he/she wishes to receive messages sent under the Agreement in the designated space in the Store. Upon signing up for the Newsletter, the Agreement is concluded for an indefinite period of time and the Service Provider shall commence its provision to the Client - subject to section 5.
In order to properly perform the Agreement, the Customer shall be obliged to provide his/her correct email address.
The Newsletter shall be delivered as soon as the Service Provider creates messages intended for the Client.
Messages sent within the Newsletter will include information on the possibility to unsubscribe from it, as well as a link to unsubscribe.
The Client 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.
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
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.
The Service Provider will respond to the complaint within 14 days of receipt of the complaint.
II PRIVILEGED RECIPIENTS
The Service Provider shall be liable vis-à-vis the Privileged Client for the compliance of the performance with the Contract, as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.
In the event of inadequate performance of the Contract by the Service Provider, the Privileged Customer has the possibility of exercising the rights regulated in Chapter 5b of the Consumer Rights Act.
If the Service Provider has failed to deliver the digital content covered by the Contract, the Privileged Client may call upon 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 between the Privileged Customer and the Service Provider, the Privileged Customer may withdraw from the Contract.
The Priority Customer may withdraw from the Contract without calling for the digital content covered by the Contract if:
it is clear from the Service Provider's statement or circumstances that it will not deliver the digital content covered by the Contract or
the Priority Customer and the Service Provider have agreed, or it is clear from the circumstances of the Agreement, that a specific deadline for the delivery of the digital content covered by the Agreement was of significant importance to the Priority Customer and the Service Provider has not delivered it within that deadline.
The Service Provider shall be liable for the non-conformity of the Newsletter with the Contract which, due to the fact that the Newsletter is delivered continuously, occurred or became apparent at the time when it was supposed to be delivered according to this Contract.
If the digital content covered by the Terms and Conditions is not in conformity with the Agreement, the Priority Customer may request that it be brought into conformity with the Agreement.
If the digital content covered by the Terms and Conditions does not comply with the Agreement, the Privileged Customer is obliged to cooperate with the Service Provider, to a reasonable extent and using the least onerous technical means, to determine whether the non-compliance with the Agreement in a timely manner is due to the characteristics of the Privileged Customer's digital environment.
In addition, if the digital content covered by the Terms and Conditions does not comply with the Agreement, the Priority Customer may submit a declaration of withdrawal from the Agreement when:
bringing such digital content into conformity with the Contract 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 conformity with the Contract within a reasonable period of time from the time the Service Provider is informed by the Priority Customer of the lack of conformity with the Contract and without undue inconvenience for the Priority Customer, taking into account its nature and the purpose for which it is used;
the non-conformity with the Contract of the digital content covered by the Terms and Conditions continues, even though the Service Provider has attempted to bring it into conformity with the Contract;
the lack of conformity of the digital content covered by the Terms and Conditions with the Contract is such as to justify withdrawal from the Contract without first having recourse to the remedy set out in Article 43m of the Consumer Rights Act (i.e. a request to bring the digital content into conformity with the Contract);
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 conformity with the Contract within a reasonable time or without undue inconvenience to the Priority Customer.
III OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
The Service Provider shall inform the Consumer of the possibility to use out-of-court procedures for the handling of complaints and the assertion of claims. The rules of access to these procedures are available at the offices or on the websites of the entities authorised to handle disputes out of court. The consumer may make use of, among others:
the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help to resolve a dispute in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. You can find a list of the Consumer Centres competent for your country at: https://konsument.gov.pl/eck-w-europie/
the 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 Republic of Poland:
mediation conducted by the locally competent Voivodship 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
with the assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
The preceding provision is for information purposes only and does not constitute an obligation for the Service Provider to use out-of-court dispute resolution.
The use of out-of-court means of dealing with complaints and claims is voluntary for both the Service Provider and the Consumer.
The Consumer may additionally use the free assistance of the municipal or district consumer ombudsman.
§ 6 RIGHT OF WITHDRAWAL
The privileged Customer has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
The period of withdrawal expires 14 days after the conclusion of this Agreement.
In order for the Priority Customer to exercise his right of withdrawal, he must inform the Service Provider, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the Contract by an unequivocal statement (for example, a letter sent by post or e-mail).
A privileged Customer may use the model withdrawal form at the end of the Terms and Conditions, but this is not obligatory.
In order to comply with the withdrawal period, it is sufficient for the Priority Customer to send information concerning the exercise of his/her right to withdraw from the Contract before the expiry of the withdrawal period.
§ 7 PERSONAL DATA
The administrator of the personal data provided by the Client in connection with the Contract is the Service Provider. Detailed information concerning the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as recipients of the data, is contained in the privacy policy available in the Shop - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
The purpose of the processing of the Customer's data is:
the performance 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 Service Recipient in order to conclude the Agreement (Article 6(1)(b) of the RODO);
to analyse 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);
to establish, assert or defend possible claims related to the Agreement; the basis for the processing of personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) RODO).
The provision of data by the Client is voluntary, but at the same time necessary for the conclusion of the Agreement and the delivery of the digital content covered. Failure to provide data will result in the Agreement not being able to be concluded and the Service Provider not delivering the digital content covered.
The Client's data will be processed until:
the Agreement is no longer in force;
the possibility for the Client or the Service Provider to assert claims related to the Agreement ceases;
the Client's objection to the processing of his/her personal data is accepted - if the processing was based on the legitimate interest of the Service Provider
- as applicable in the particular case.
The Client has the right to request:
access to his/her personal data,
rectification,
erasure,
restriction of processing,
to have the data transferred to another controller
as well as the right to:
object at any time to the processing of data for reasons related to the particular 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 the legitimate interests pursued by the Service Provider).
In order to exercise his/her rights, the Client should contact the Service Provider.
If the Client considers that his/her data is being processed unlawfully, the Client may lodge 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 AMENDMENT OF THE TERMS AND CONDITIONS OR THE NEWSLETTER
The Service Provider reserves the right to amend the Terms and Conditions only for important reasons. An important reason shall be understood as the necessity to change the Terms and Conditions due to:
change of the Newsletter functionality, requiring modification of the Terms and Conditions or
change of legal provisions affecting the performance of the Agreement by the Service Provider or adjustment of services to recommendations, guidelines, orders or bans, rulings, provisions, interpretations or decisions of authorised public authorities or
change of contact or identification data of the Service Provider.
Information about the planned change to the Terms and Conditions will be sent to the Client's e-mail address provided at the time of concluding the Agreement at least 7 days before the changes take effect.
If the Service Recipient does not object to the planned changes by the time they take effect, he/she is deemed to accept them, which does not constitute any obstacle to the termination of the Agreement in the future.
In the event that the Client does not accept the planned changes, the Client should send a notice to the Service Provider's email address set out in § 2 of the Terms and Conditions, which will result in the termination of the Agreement as soon as the planned changes come into effect.
The Service Provider may amend the Newsletter which is not necessary to make it compliant with the Agreement for the reason specified in point 1(b) or due to a change in the Newsletter's functionality. The introduction of the change referred to in the preceding sentence shall not entail any costs on the part of the Priority Customer. The provisions of paragraphs 2-4 shall apply accordingly.
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 e-mail address of the privileged Customer in advance on a durable medium information about the features and date of the change and the rights of the privileged Customer in connection with the change.
§ 9 FINAL PROVISIONS
The provision of unlawful content by the Customer is prohibited.
The Agreement shall be concluded in the Polish language.
The Contract concluded under these Terms and Conditions shall be governed by Polish law, subject to paragraph 4.
The choice of Polish law for an Agreement concluded on the basis of 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 no choice of law applies. This means, in particular, that if the national provisions applicable to a given Consumer provide for protection that is broader than that provided for under these Terms and Conditions or Polish law - the broader protection shall apply.
In the event of a possible dispute with a Customer who is not a Priority Customer in relation to the Contract, the court of competent jurisdiction shall be the court with jurisdiction over the Service Provider's registered office.
Annex 1 to the Terms and Conditions
Below is a model withdrawal form, which the Consumer or Privileged Business may or may not use:

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

MODERN COMPANY SP. Z O.O
ul. Goździkowa 35, 59-220 Legnica
e-mail address: biuro@modernbhp.pl
- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract for provision of the following service(*) / for supply of digital content in the form of(*):

..............................................................................................................................................................................

- Name of Consumer(s)/Entrepreneur(s) privileged:

..............................................................................................................................................................................

- Address of the Consumer(s)/privileged trader(s):

..............................................................................................................................................................................

.............................................................................................
Consumer(s)/Entrepreneur(s) signature
(only if the form is sent on paper)

Date ............................................

(*) Delete as appropriate.