Terms and conditions

Regulations of the website and online store Modellers World

We are specifying the rules of concluding sales agreements through the store, including the essential information about the Seller, the store, and the Consumer’s rights.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order completion
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal information
§ 11 Disclaimers
§ 12 Provisions concerning non-consumers
§ 13 Terms and conditions of the “free shipping” promotion

§ 14 Terms and conditions for accessing the Magazine service

Attachment No. 1: Sample withdrawal form

1 DEFINITION


Working days – days from Monday to Friday with the exception of public holidays.
Account – regulated by separate regulations, free-of-charge function of the Store (service provided electronically), through which the Buyer can set up his individual Account in the Store.
Consumer – a Consumer within the meaning of the Civil Law.
Buyer – any person purchasing in the Store.
Regulations – these Regulations.
Store – Internet store Modellers World run by the Seller at https://www.modellersworld.eu
Seller – Michał Wiśniewski, a businessman operating under the name MODELARSKI ŚWIAT MICHAŁ WIŚNIEWSKI, registered in the Polish Central Register of Business Activity (PL: CEIDG) and Information kept by the minister responsible for the economy, NIP 5581772929, REGON no. 369946493, 5 Dorodna Street, 85-790 Bydgoszcz.

2 CONTACT WITH THE SELLER

  • Postal address: Dorodna 5, 85-790 Bydgoszcz, Poland
  • E-mail address: contact@modellersworld.eu
  • Phone: 784501294

3 TECHNICAL REQUIREMENTS

For the proper functioning of the Store, you need:

  • A device with access to the Internet
  • Web browser supporting JavaScript and cookies.
  • To place an order in the Store, you must provide contact details, including an e-mail address (more on the privacy policy page).

4 IN-STORE SHOPPING

  • Prices of goods shown in the Store are the total prices for the goods; we are exempt from VAT.
  • The seller points out that the total price of the order consists of the price of the goods indicated in the Store and, if applicable, the cost of delivery of the goods.
  • Goods selected for purchase should be added to the shopping cart in the Store.
  • Next, the Buyer chooses the delivery method of goods and payment method for the order from the options available in the store and provides the data necessary to complete the order.
  • The order is placed when its content is confirmed, which is equivalent to the buyer accepting these Terms and Conditions.
  • Placing an order is the same as concluding a contract of sale between the Buyer and Seller.
  • Seller shall provide the Consumer with confirmation of the conclusion of the contract of sale by e-mail at the latest upon delivery of goods.
  • The buyer can register at the Shop, i.e., create an Account, or make purchases without registration by providing his data for each order.

5 PAYMENTS

  • You can pay for your order, depending on the Buyer’s choice:
  • By ordinary bank transfer to the Seller’s bank account.
  • Stripe or Paypal payment platform offers different payment methods depending on those available in the Buyer’s country, including fast credit card payment.
  • Cash on delivery, i.e., to the courier of the delivery company, which will transfer the funds to the Seller’s account.
  • If the Buyer chooses to pay by regular money transfer, the order should be paid for within three working days of placing the order.
  • Due to their specificity, the seller informs that in the case of some payment methods, paying for the order by this method is possible only directly after placing the order.
  • When purchasing in the store, the buyer accepts that the seller will use electronic invoices. However, the buyer has the right to withdraw his acceptance.

6 ORDER PROCESSING

  • The seller is obliged to deliver goods without defects.
  • The order completion date is indicated in the Store.
  • If the Buyer has chosen to pay in advance for the order, the Seller shall proceed to implement the order after it has been paid.
  • If the Buyer has purchased goods in one order with different lead times, the order shall be completed within the period applicable to the goods with the longest period.
  • Goods purchased in Store are delivered depending on which method of delivery the Buyer has chosen:
    • Through a courier company
    • To InPost parcel machines (only in Poland)
  • *Free delivery” promotion for orders over 50 euros or the equivalent in another currency for COD orders does not apply.
  • If the buyer does not accept the courier parcel, he/she will be charged for the parcel, including the cost of returning the parcel, which the courier company will bill to the seller. This rule does not apply if the package was damaged; in this case, please request a damage report from the driver and do not accept the package. The matter should be immediately reported to the Seller.

7 RIGHT OF WITHDRAWAL

  • A consumer 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.
  • Term to withdraw from the contract expires after 14 days from the date:
  • In which the Consumer came into possession of the goods or in which a third party other than the carrier and indicated by the Consumer came into possession of the goods.
  • On which the Consumer has gained possession of the last of the goods or on which a third party other than the carrier and indicated by the Consumer has gained possession of the last of the goods in the case of a contract that involves the transfer of ownership of multiple items that are delivered separately.
  • To exercise the right of withdrawal, the Consumer must inform the Seller, using the data specified 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 information transmitted by e-mail).
  • The consumer may use the model withdrawal form at the end of the Terms and Conditions, but it is not obligatory.
  • To meet the deadline for withdrawal it is sufficient for the Consumer to send information on exercising his right of withdrawal before the expiry of the deadline for withdrawal.

CONSEQUENCES OF WITHDRAWAL

  • In the case of withdrawal from the concluded agreement the Seller returns to the Consumer all payments received from him, including the costs of delivery of goods (except for additional costs arising from the chosen by the Consumer way of delivery other than the cheapest ordinary way of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Consumer’s decision to exercise the right of withdrawal.
  • Reimbursement of payments will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer agrees to another solution, in any case the Consumer will not incur any fees in connection with this return.
  • The Seller may withhold reimbursement until it receives the goods or until it is provided with proof of return, whichever event occurs first.
  • The Seller asks to return the goods to the address: Dorodna 5a, 85-790 Bydgoszcz, Poland, immediately and in any case no later than 14 days from the date on which the Consumer informed the Seller about withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
  • The Consumer shall bear the direct costs of returning the goods.
  • The consumer is liable only for diminished value of the goods resulting from the use of the goods in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
  • If the goods, due to their nature, can not be sent back in the usual way by post the Consumer will also have to bear the direct costs of returning the goods. About the estimated amount of these costs the Consumer will be informed by the Seller in the description of the goods in the Shop or when placing an order.

8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal from a distance contract does not apply to the Consumer in relation to the contract:

  • In which the subject of performance is a thing not prefabricated, produced to consumer specification or used to meet his individual needs.
  • In which the object of the supply is a thing subject to rapid deterioration or having a short period of usefulness.
  • In which the subject of performance is the thing supplied in a sealed package that can not be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery.
  • In which the subject matter of the performance are things that after delivery, due to their nature, are inseparable from other things.
  • In which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery.
  • In which the supply of newspapers, periodicals or magazines, except for a subscription contract.
  • In which the price or remuneration depends on fluctuations in the financial market which are not controlled by the trader and which might occur before the end of the withdrawal period.
  • For the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the end of the withdrawal period and after the trader has informed the consumer about the loss of the right of withdrawal.

9 COMPLAINTS

  • In the event of a defect in the goods, the Buyer has the right to claim the defective goods on the basis of the warranty regulated in the Civil Code or guarantee, if a guarantee was granted.
  • Using the warranty, the Buyer may, under the terms and within the time limits specified in the Civil Law:
  • Make a statement about price reduction
  • In the case of a material defect – make a statement on withdrawal from the contract
  • Demand the replacement of the item with a defect-free item
  • Demand removal of the defect
  • The Seller asks for submitting complaints on the basis of the warranty to the postal or electronic address specified in § 2 of the Terms and Conditions.
  • If it turns out that in order to consider the complaint it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver the goods, in the case of a Consumer at the expense of the Seller, to the address: Dorodna 5, 85-794 Bydgoszcz, Poland.
  • If the goods have an additional warranty, information about it, as well as its conditions, is available in the product description in the Store.
  • Complaints about the operation of the Store should be addressed to the e-mail address specified in § 2 of the Terms and Conditions.
  • Complaints will be considered by the Seller within 14 days.

OUT-OF-COURT COMPLAINT HANDLING AND CLAIM INVESTIGATION METHODS

  • In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things:
  • Mediation conducted by the locally competent Voivodship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
  • The assistance of a permanent consumer court of competent jurisdiction, acting at the Provincial Trade Inspection Inspectorate, to which a request for mediation should be submitted. As a rule, proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
  • Free assistance from the municipal or district consumer ombudsman.
  • The ODR Internet platform is available at http://ec.europa.eu/consumers/odr/.

10 PERSONAL DATA

  • The Seller is the administrator of personal data provided by the Buyer while using the Store.
  • Buyer’s personal data are processed on the basis of the agreement and for the purpose of its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and the Council (EU) on data protection (RODO). Detailed information on data processing by the Seller is contained in the privacy policy located in the Shop.

11 DISCLAIMERS

  • It is prohibited for the Buyer to provide content of an unlawful nature.
  • Each order placed in the Store constitutes a separate contract of sale and requires a separate acceptance of the regulations. The contract is concluded for a period and for the purpose of the order.
  • Contracts concluded under these terms and conditions are concluded in English or Polish.
  • None of the provisions of these regulations does not exclude or in any way limit rights of the Consumer arising from the law.

12 PROVISIONS FOR BUYERS WHO ARE NOT CONSUMERS

  • The right of withdrawal from the contract concluded at a distance does not apply to an entity other than the Consumer.
  • Any liability of the Seller in relation to the Buyer who is not a Consumer is limited to the amount of the order placed by the Buyer.
  • Seller’s liability under warranty in relation to the Buyer who is not a Consumer is limited to one year from the release of goods to the Buyer.
  • In case of a possible dispute with the Buyer who is not a Consumer the court competent for the seat of the Seller.

13 Terms and conditions of the free shipping promotion.

  • Promotion “Free shipping” applies to orders over 50 EUR or its equivalent in other currencies at the prevailing rate in the store, for all countries of the European Union.
  • 100 PLN for Poland only.
  • In case of non-collection of the parcel by the buyer, the Seller has the right to deduct the amount of incurred shipping costs, or to claim it if the parcel was COD.
  • Free delivery option will appear as an option when the above mentioned amount is exceeded. Not choosing it does not entitle the buyer to any claims.

14 Terms and conditions for accessing the Magazine service.

  • The purchase of a subscription is voluntary and non-refundable unless, through the fault of the service provider, access to the service is unavailable for at least half of the period for which the subscription was purchased.
  • Access to the content is available only after logging in with the data provided during the purchase of the subscription. To purchase a subscription, choose the option available in the store and pay electronically.
  • The content of articles on www.modellersworld.eu is copyrighted. The buyer of the subscription does not acquire rights to the content, but only to its display. It is forbidden to copy in any way, to create screenshots and to share the content of articles in this way. The author also does not agree to the subscriber sharing his login and password with third parties. Detection of one of these actions will result in deletion of the subscription and blocking of the user from the site, and may result in a claim for damages in favor of the author in court. Only linking (sharing a link to a page or article) on other sites or social networks is allowed.
  • Other subsections of the regulations: Terms and conditions of the Modellers World online store also apply to the aforementioned service.
  • Detailed information on available subscription packages can be found on the product sheets of selected subscriptions in the store section.

Attachment No. 1 to the Regulations

Below is a sample withdrawal form that the Consumer may or may nBelow you will find a model withdrawal form, which the Consumer may or may not use (this form should be completed and returned only if you wish to withdraw from the contract):

MODELARSKI ŚWIAT MICHAŁ WIŚNIEWSKI
ul. Dorodna 5a, 85-790 Bydgoszcz adres e-mail: contact@modellersworld.eu

– Me ………………………………………………………………. I am informing you of my withdrawal from the contract of sale of the following items:

…………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………

– Collection date …………………………………………………………………………………………………………………………………………………………………………………

– First and last name of Consumer(s) …………………………………………………………………………………………………………………………………………………

– Address of Consumer(s) ………………………………………………………………………………………………………………………………………………………………..

…………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………

Consumer’s signature
(only if the form is sent in hard copy)

Date ……………………………………..

(*) Delete as not applicable.

Account Terms & Conditions

Regulations of the account and membership in the portal Modellers World.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 Responsibilities

1 DEFINITIONS

Account – regulated in these regulations free-of-charge feature of the Store (service), through which the Buyer can set up his individual account in the Store.
Buyer – any entity purchasing in the Store.
Store – Modellers World online store operated by the Seller at https://www.modellersworld.eu

Seller – entrepreneur running a business under the name MODELARSKI ŚWIAT MICHAŁ WIŚNIEWSKI, entered in the Central Register of Business Activity and Information (PL: CEIDG) maintained by the minister responsible for economy and running the Central Register of Business Activity and Information, NIP 5581772929, REGON no. 369946493, 5 Dorodna Street, 85-790 Bydgoszcz, Poland.

2 CONTACT THE SELLER, ADMINISTRATOR

  • Postal address: 5a Dorodna Street, 85-790 Bydgoszcz, Poland
  • E-mail address: contact@modellersworld.eu
  • Phone: 784501294

3 TECHNICAL REQUIREMENTS

  • For proper functioning and creation of an Account you need:
  • An active email account
  • A device with access to the Internet
  • A web browser that supports JavaScript and cookies

4 ACCOUNT

  • Setting up an account is completely voluntary and depends on the will of the Buyer.
  • Account gives the Buyer additional opportunities, such as: browsing the history of orders placed by the Buyer in the Store, checking order status and self-editing Buyer’s data.
  • In order to set up an account must be completed the appropriate form in the store.
  • At the time of creating an Account is concluded for an indefinite period of time between the Buyer and Seller in the field of Account management under the conditions indicated in the Rules and Regulations.
  • Buyer may without incurring any costs at any time resign from the Account.
  • In order to resign from the Account one should send his resignation to the Seller on the e-mail address: contact@modellersworld.eu, which will result in immediate deletion of the Account and termination of the agreement to maintain the Account.

5 COMPLAINTS

  • Complaints regarding the functioning of the Account should be sent to the e-mail address contact@modellersworld.eu.
  • Complaints will be considered by the Seller within 14 days.

OUT-OF-COURT COMPLAINT HANDLING AND CLAIM INVESTIGATION METHODS

  • In the event that the complaint procedure fails to bring the result expected by the Consumer, the Consumer may use, among others:
  • Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
  • The assistance of a permanent consumer court of competent jurisdiction, acting at the Provincial Trade Inspection Inspectorate, to which a request for mediation should be submitted. As a rule, proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
  • Internet ODR platform available at: : http://ec.europa.eu/consumers/odr/.

6 PERSONAL DATA

  • The Seller is the administrator of personal data provided by the Buyer while using the Store/Website.
  • Buyer’s personal data are processed on the basis of the agreement and for the purpose of its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and the Council (EU) on data protection (RODO). Detailed information on data processing by the Seller is contained in the privacy policy located in the Shop.

7 RESPONSIBILITIES

  • It is prohibited for the Buyer to provide content of an unlawful nature.
  • It is forbidden for the Buyer to make the account (membership) available to third parties as well as to resell the account. In the case of such behavior, the account will be blocked.
  • We reserve the right to temporarily suspend operation of the site for the duration of maintenance work, no longer than 48 hours.
  • If the website is hacked or corrupted by reasons beyond the Administrator’s control, the Buyer (member) cannot claim compensation from the Administrator for the lack of access to the services.
  • Paid subscriptions (memberships) mean access to purchased services of the website for unlimited time. The guarantee is access for a minimum of 3 months – this is the period for which the Seller of access will reimburse costs, in case the site is shut down, including for reasons beyond the Administrator’s control.
  • The agreement for maintaining an Account is concluded in English or Polish.
  • In the event of the occurrence of important reasons referred to in paragraph 4, the Seller shall have the right to amend these Account regulations.
  • The important reasons referred to in paragraph 3 are:
  • necessity of adjusting the Store to the law regulations applicable to the Store’s activity
  • improvement of security of the service provided
  • change of functionality of the Account requiring modification of the Account regulations.
  • The Buyer shall be informed of a planned change to the Account regulations at least 7 days before the change comes into force via an email sent to the address ascribed to the Account.
  • In the event that the Buyer does not accept the planned change, he should inform the Seller about it by sending the appropriate message to the Seller’s e-mail address sklep@modelarskiswiat.pl, which will result in termination of the agreement for Account maintenance from the moment the planned change comes into force, or earlier if the Buyer submits such a request.
  • If the Buyer does not object to a planned change until it comes into force, it is assumed that he accepts it, which does not constitute any obstacle to terminating the agreement in the future.
  • In case of any dispute with the Buyer who is not a Consumer, the competent court shall be the court having jurisdiction over the Seller’s seat.
  • None of the provisions of these Regulations does not exclude or in any way limit the rights of the Consumer under the law.

Newsletter Terms & Conditions

of Modellers World website and shop.

1 DEFINITIONS

  • Newsletter – a service provided free of charge by electronic means, through which the Customer can receive previously ordered messages about the Store from the Service Provider, including information about offers, promotions, and news in the Store.
  • Store – Modellers World online store operated by the Service Provider at https://modellersworld.eu.
  • Service Provider – entrepreneur running a business under the name MODELARSKI ŚWIAT MICHAŁ WIŚNIEWSKI, entered in the Central Register of Business Activity and Information (pl: CEIDG) maintained by the competent minister for economy and conduct Central Registration and Information on Business Activity, NIP 5581772929, REGON 369946493, 5 Dorodna Street, 85-790 Bydgoszcz, Poland.
  • Customer – each entity using Newsletter service.

2 Newsletter

  • The Customer may voluntarily use the Newsletter service.
  • In order to use the Newsletter service it is necessary to have a device with an Internet browser in the latest version, supporting JavaScript and cookies, with access to the Internet and an active e-mail account.
  • E-mail messages sent under this service shall be sent to the e-mail address provided by the Customer when signing up for the Newsletter.
  • To conclude an agreement and sign up for the newsletter service, the Customer shall first provide the email address to which he/she wishes to receive messages sent under the newsletter in the appropriate place on the Site. Subsequently, at the email address provided in the first step, the Service Provider shall send the Customer a message verifying the email address, containing a link to confirm the Customer’s wish to subscribe to the Newsletter. Upon confirmation of Newsletter subscription by the Customer, a service agreement shall be entered into, and the Service Provider shall commence providing the service to the Customer.
  • The Customer may unsubscribe from the Newsletter at any time without giving any reason or incurring any costs by sending a message to the Service Provider’s email address: contact@modellersworld.eu.
  • Sending a message requesting to unsubscribe from the Newsletter shall immediately terminate the agreement to provide this service.

3 Complaints

  • Complaints concerning the Newsletter shall be reported to the Service Provider at the following e-mail address: contact@modellersworld.eu.
  • The Service Provider shall respond to the complaint within 14 days of receiving it.

4 Personal Data

  • The Service Provider is the administrator of the personal data provided by the Customer during the Newsletter.
  • The customer’s personal data shall be processed based on the agreement and for the purpose of its implementation in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on Data Protection (RODO). Detailed information on data processing by the Seller is contained in the privacy policy posted in the Store.

5 Final Provisions

  • The Service Provider reserves the right to amend these rules only for important reasons. An important reason shall be understood to be the necessity to amend the rules and regulations due to the modernization of the Newsletter service or change of legal regulations that affect the Service Provider’s rendering of the service.
  • Information about any planned amendments to the rules will be sent to the customer’s email address provided when signing up for the Newsletter at least seven days before the amendments become effective.
  • If the Customer does not object to the planned changes until they come into force, he/she is assumed to accept them.
  • If the Client does not accept the planned changes, he should send information about them to the Service Provider’s email address: contact@modellersworld.eu. Upon the planned changes’ entry into force, the contract for the provision of services will be terminated.
  • It is prohibited for the Client to provide unlawful content.

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