TERMS OF SERVICE OF ONLINE STORES
If you do not accept the provisions of these Terms of Service, you may not use the Website or obtain access to the Services. Some special functionalities provided by us may be subject to terms and conditions which are additional and supplementary to these Terms of Service of Online Stores. In particular, here we refer to the general rules of the Website, which you can find at this link https://www.modsly.com/legal/terms/. But, if you are a Consumer, in the case of any divergence between these Terms of Service of Online Stores and the terms and conditions applicable to such special functionality, the Terms of Service of Online Stores shall prevail. To all capitalized terms used in the TOS of Online Stores shall be assigned meanings according to the Terms of Service, unless the TOS of Online Stores directly defines another meaning of a used term.
Contact and mode of communication between Modsly and the Customer:
- via e-mail: email@example.com (on Business Days, between 9 a.m. and 7 p.m.)
Business Days - days of the week from Monday to Friday (except for bank holidays according to Polish law).
Consumer - a natural person performing a legal transaction which is not directly related to the business or professional activity of such person, with an entrepreneur.
Customer - natural person, legal person or entity without legal personality, with full capacity to perform acts in law, who places the Order in the Online Stores in compliance with the terms and conditions as prescribed in these TOS of Online Stores, and for the benefit of whom Modsly provides services by electronic means.
Online Store - an online storefront offered by Service Provider to Designers as part of their Account, in which they can offer their Product Mockups on sale and where Customers can purchase Products.
Order - a declaration of Customer’s intent which directly results in conclusion of the Sales Agreement, stating relevant conditions of the Sales Agreement, filed by means of the cart function; Orders may be placed by electronic means through the Website’s sale system, 24 h a day, 7 days a week, 365 days a year, with a proviso that they are processed on Business Days from 9 a.m. to 5 p.m.; The Customer may place the Orders only for available Products.
Order Processing Time - time in which an order is picked and then released to a supplier in order to deliver the Product to the address indicated by the Customer; The Order Processing Time does not cover the delivery time.
Price - price of the Product which depends on the commission set by the Designer and the commissions for Artists who provided the Graphic Designs used in the Product Mockup.
Product - a product available on the Website which may constitute the object of the Sales Agreement; relevant and specific properties of each Product are presented on the dedicated subpage of the Website.
Product Mockup - a digital presentation of a Product created upon the data published and made available by the Designer on the Website.
Sales Agreement - a Product sales agreement, concluded between Modsly and the Customer by means of the Website’s sale system in accordance with the provisions of these TOS od Online Stores.
Service Provider/Modsly - JAKUB BUDZIK, a company with registered seat in Poland, Aleja Prymasa Tysiąclecia 46, 01-242 Warszawa, the National Business Registry Number (REGON): 015268521, NIP: 526 213 65 13
Services - all services provided by the Service Provider to Users, Customers, Artists and Designers, in particular allowing: Users to view the Service, Customers to order Products offered on sale; Artists to publish and provide the Designers with access to the Graphic Designs they have delivered; Designers to create Online Stores and Products which are then offered for sale in their Online Stores.
Terms of Service - Terms of Service of the Website.
TOS of Online Stores - these terms of service of the Online Store; The Terms of Service are rendered available free of charge prior to the conclusion of the agreement on the Website, as well as - upon Customer’s request - in a way which enables the Customer to obtain, copy and record the content of the Terms of Service by means of an ICT system.
Website - www.modsly.com, app.modsly.com, also includes Online Stores available as part of the Website.
I. GENERAL PROVISIONS
- These Terms of Service of Online Stores establish the rules governing the use of the Website, in particular the terms and conditions of using the services provided by electronic means, placing and modifying the Order, filing complaints, and other rights and obligations of the Customer and Modsly.
- It is the condition for using the Website to get acquainted with these Terms of Service of the Online Stores. If you do not agree you should not use the Service.
- None of the provisions of these Terms of Service of the Online Stores may be construed as limiting the rights vested in the Consumers in accordance with the applicable provisions of law.
- The Sales Agreement and the agreement for provision of services by electronic means between the Customer and Modsly are concluded pursuant to Polish law with a proviso that such choice may not result in the Customer being deprived of the protection resulting from mandatory provisions of law applicable in the Customer’s country of habitual residence.
- The Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods does not apply to any obligations resulting from these Terms of Service.
- Modsly does not place on the Website any commercial information or offers filed in an electronic form within the meaning of the Act - Polish Civil Code of 23 April 1964. In particular, the provisions pertaining to filing an offer in an electronic form are not applicable.
- The Customer is prohibited from providing content of unlawful nature and using the Website in a way which distorts or prevents its operation.
- In order form you have to fill only data necessary for placing an Order: your name and surname, address, e-mail address and your telephone number. Filling an Order form requires acceptance of TOS of Online Stores.
II. SERVICES PROVIDED BY ELECTRONIC MEANS
- The Website provides the Customer with free of charge services by electronic means in the form of Website’s functionalities, i.e.: interactive forms and cart.
- Using the functions of the forms the Customers are obliged to provide their accurate details.
- Each of the agreements for provision of services by electronic means may be terminated by the Customer at any time without providing reasons, in the manner as specified here. The agreements for provision of services by electronic means which consist in the use of the form functionalities are concluded for a limited period of time and are dissolved upon sending form’s content to Modsly or the Website or upon ceasing to use them. The Customer may also resign from the services rendered by means of interactive forms through refraining from using such services.
III. BUYING PROCESS
- A Product Sale agreement is concluded upon the User clicking a functionality marked in the path to purchase as “CHECKOUT”. The agreement may be concluded solely and exclusively via the Online Store, i.e. using Online Store functionalities. The subject matter of the Sale Agreement will be specified at the last stage of the path to purchase.
- In the course of placing the Order, until activating the “Order and Pay” button, it is possible for the Customer to identify and correct errors in the Order and to modify it through the Website’s sale system.
- After that, the Customer may change the Order, in particular he/she may correct errors in the entered data, until sending the Product through direct and immediate (via phone or e-mail) contact with Modsly.
- By placing the Order, the Customer makes an offer to conclude the Sales Agreement with regard to the Products selected by him/her, upon terms and conditions as indicated by him/her in the Order. The Sales Agreement is concluded upon Modsly’s acceptance of such offer, upon Customer’s receipt of the confirmation of the Order conditions sent by Modsly in an e-mail to the address stated by the Buyer in the Order.
- The content of the concluded Sales Agreement is recorded, secured and disclosed to the Customer through the Website’s sale system is sent to the Customer’s e-mail address indicated by him/her while placing the Order. The Customer who placed the Order and received the statement on Modsly’s acceptance of the offer will subsequently receive a digital document confirming conclusion of the Agreement along with its content in a manner as described in the preceding sentence.
- The Order Processing Time is up to 15 Business Days. The process of the Order is initiated upon Modsly’s receipt of the confirmation from the payment operator.
- After the Order Processing Time mentioned above, the Product is released to a carrier.
- The Products are delivered by a shipment service chosen by Service Provider.
- The Products ordered may be delivered by the Service Provider in the following countries: Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Mexico, Monaco, New Zealand, Norway, Philippines, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Turkey, Thailand, United Arab Emirates, United Kingdom, United States.
- The Customer incurs shipping costs as per the delivery Price List indicated in the Order form.
- Sending the Product is conditional upon making the due payment for the Order.
- The duration of delivery is indicated in the Order form after selecting the place of delivery.
- The Product/Products is/are sent to the address indicated in the Order form.
- If prior to release of the dispatch it turns out that it has incurred any shortage or damage, then the carrier is obliged to immediately establish the condition of the dispatch and the circumstances of the damage in a report. The carrier should carry out the said actions also upon request of the Customer if he/she claims that the dispatch is broken. The risk of incidental loss of or damage to the Product passes to the Customer upon releasing the Product to him/her.
- Depending on the destination, there is a possibility of an additional duty fee. Its amount depends on a specific country regulations. Any costs related to customs duties shall be paid by the buyer.
V. PRICES AND PAYMENT
- Payment for the Products may be made using the methods indicated at the beginning of the Order making process. The User should pay the Product/s Price immediately upon making an Order for a given Product/s.
- Payments are made in USD, EUR, GBP, PLN.
- The Prices provided in the Online Stores are gross Prices (including any taxes, in this VAT) and are expressed in the currency chosen by the Designer. Product Prices do not include shipping costs.
- Total amount of the Order is calculated according to the choices made by the Customer in the Order form, in compliance with the rates indicated there. The final binding amount is indicated to the Customer in the Order summary upon sending it to Modsly.
- For each sold Product a bill of sale in the form of fiscal receipt or VAT invoice is issued upon request of the Customer. An accounting document constitutes the confirmation of relevant elements of the placed Order.
- The Prices and costs provided on the Website may be changed (in particular by virtue of a special offer or sales of Products, or change of Prices by the manufacturer or carrier). The terms and conditions pertaining to the Order may not be changed with regard to the Customer who placed an offer in the manner prescribed above prior to a change of Prices.
- The User may withdraw from the Sale Agreement concluded with the Service Provider via the Online Store without giving any reason by submitting an appropriate statement within 14 (fourteen) calendar days. This time-limit is calculated from the day the User took the possession of the Product. The User will not cover the costs of withdrawal from the Sales Agreement subject to the following sentence. In the case of withdrawal from the Sales Agreement, the User will cover the following costs: (a) the cost of returning the Product (return shipment); (b) if the User selects a manner of Product delivery other than the least expensive ordinary manner of delivery available on the Online Store, the Service Provider is not obliged to reimburse the User for any additional costs incurred by the User.
- The Product related to a custom order cannot be withdrawn from the Sales Agreement, therefore it is not eligible for return.
- In the case of withdrawing from the Agreement, Modsly returns to the Consumer any received payments, including costs of delivery of the objects (with the exclusion of additional costs resulting from the mode of delivery selected by the Consumer other than the cheapest, ordinary delivery mode), immediately, and in each case not later than 14 (fourteen) days of the date on which Modsly was notified on the decision on exercising the right to withdraw from the Agreement.
- The Consumer is obliged to return the Product to Modsly immediately, but not later than 14 (fourteen) days of the date of withdrawing from the agreement. In order to comply with the term, it suffices to send the Product back prior to the lapse of such term.
- The Consumer is held liable for reducing the value of the Product resulting from using it in a manner beyond necessary in order to determine the nature, features and operation of the Product.
- A form of the statement of withdrawal from the Sales Agreement is available on the Website (click here to open page in a new browser window).
- Modsly is obliged to deliver the Product free from defects to the Customer. Modsly is liable against the Consumer if the Product has a physical or legal defect. If the Product is defective, then the Consumer may file a declaration on reducing the Price or rescinding the Sales Agreement, or demand that the defective Product be replaced with one free from defects or the defect be removed. With a proviso that the regulations concerning warranty may be regulated differently in the Consumer’s country. In such case Modsly is obliged to proceed in compliance with such regulations against the Consumers being citizens of relevant countries and respect the rights vested with them in connection with the complaint.
- Warranty is available to Consumers only. The Parties, the Customer not being a Consumer and Modsly exclude the warranty for defects against each other.
- Complaints on account of warranty should be sent to: firstname.lastname@example.org. In order to facilitate the complaint procedure, the complained Product should be delivered along with the proof of purchase and complaint form (i.e. indication of a person filing the complaint, request to handle the complaint with indication of the manner and the defect).
- The Modsly considers the Consumer’s claim within 14 (fourteen) days. The Modsly notifies the Customer on the consideration of the complaint and its result in a letter sent to the address indicated by the Customer in the complaint.
- The complaint procedure accordingly refers to the services provided by electronic means by Modsly. Complaints referring to the services provided by electronic means may also be sent to Modsly’s e-mail address email@example.com
- The Consumer may take advantage of dispute resolution methods which are alternative to court proceedings (ADR), in particular through mediation, conciliation or arbitration (arbitration court). The list of institutions to which the Consumer may refer for dispute settlement within the frames of ADR is available here: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.htm
- The Polish Consumer has also the right to make a request with the district or city Consumer ombudsman to approach an economic operator regarding protection of the rights and interests of consumers.
- According to the EU Resolution No. 524/2013 on online dispute resolution for consumer disputes, Users shall have the possibility to resolve disputes with traders regarding online sales or service contracts, out-of-court via an online platform. Complaint can be submitted in the electronic form available under the following link: http://ec.europa.eu/consumers/odr. Our e-mail address for this procedure is: firstname.lastname@example.org
- If the Customer resigns from taking advantage from ADR or ODR, any disputes arising out of the terms of service or sales agreements shall be settled by a common court with the jurisdiction determined with the use of the rules as prescribed by a legal act applicable to the Customer being the Consumer. Any disputes arising between Modsly and the Customer not being a Consumer shall be referred to the court with the local jurisdiction over the registered office of Modsly.
- We respect the intellectual property rights of others. Therefore we ask our Users to do the same.
- All content available through the Service shall be protected under Polish Copyright Law (Act of 4 February 1994 on Copyright and Related Rights) and may be used by Users only to the extent necessary to use the Services.
- User is buying Products which use Graphic Designs provided by Artists/Designers. The ownership of these artworks belongs to the Artists/Designers.
- By using our Service and providing Graphic Designs you agree to hold Service Provider free from any claims, damages, losses, liabilities and expenses incurred in relation to your actions taken in connection with the provided Graphic Designs which can be subject to copyright infringement. User is obliged - without any additional fee – to take any action necessary to free the Service Provider from any claims, and cover all the fees, costs and damages required.
- You should assume that Online Store, Online Store content and all software made available to you by Service Provider are protected by copyright or other proprietary rights. You are not entitled to transmit, copy, reproduce, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- You are not allowed to reproduce or distribute any Online Store content without the permission of the owner of the Online Store content or the Service Provider.
- If you have any reason to believe there has been copyright infringement on your work please contact us at email@example.com
X. LIMITATION OF LIABILITY
- Service Provider reserves the right to temporarily suspend or limit the functioning of the Services in connection with the necessary maintenance of the Service. Service Provider undertakes to use all means to reduce to the minimum the time of such maintenance.
- [Applies only to Users not being a Consumer] Service Provider is not responsible for the lack of access or any other problems in the operation of the Service due to circumstances occurring solely through User’s fault.
- [Applies only to Users not being a Consumer] Service Provider is not responsible for any damages resulting from incorrect, inaccurate or outdated information provided by User.
- It is strictly forbidden for User to use the Service for any unlawful activities, against provisions of these TOS of Online Stores and against good practices. User can not use the data obtained through the use of the Service for illegal purposes.
- User is solely responsible for any actions taken against him/her as a result of using of the Services in a manner inconsistent with these TOS of Online Stores or law.
XI. PERSONAL DATA PROTECTION
XII. AMENDMENT TO THE TERMS OF SERVICE
- The Service Provider may amend these TOS of Online Stores due to material reasons, whether legal (change of generally applicable legal provisions related to Modsly’s activity or change of Modsly’s business form) or technical (modernization of the Website’s infrastructure). The reason for any amendment to the TOS of Online Stores is each time provided in the manner described below.
- Any Customers are notified on this fact by a message displayed on the Website’s homepage 7 (seven) days before the new TOS of Online Stores come into effect. In this time the Customer has to accept the TOS of Online Stores again or refuse to accept them.
- The Orders placed prior to the effective date of the amendments to the TOS of Online Stores are processed in accordance with the to-date content of the TOS of Online Stores.
- These Terms of Service are valid from 7th of December 2018.
- It is our goal to create a site that is accessible and useful to as many people as possible. If you ever have any questions about our Service or TOS of Online Stores, please do not hesitate to contact us at firstname.lastname@example.org