TERMS AND CONDITIONS OF THE SUPER EARLY BIRD SPOT
§ 1. General provisions
- These Terms and Conditions ("Terms and Conditions") set out the general terms and conditions of the Super Early Bird Spot campaign, whereby the Company is offering interested persons the purchase of a three-module modue® device kit ("Modue") at a discount.
- The organiser of the action is modue sp. z o.o. with its registered office in Kraśnik, ul. Szpitalna 11, 23-204 Kraśnik, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Lublin-East in Lublin with its registered office in Świdnik, VI Economic Division of the National Court Register, under KRS number 0001021595 with NIP number: 7151951406, REGON: 524546957 share capital: PLN 10,300.00 (the "Company").
- These terms and conditions shall be applied in conjunction with Modue's separate terms and conditions of sale and generally applicable law.
- The Terms and Conditions shall apply for the duration of the Super Early Bird Spot action referred to in § 3.7 below.
§ 2. Definitions
1. Terms used in these Terms and Conditions have the meanings given to them below:
a. Terms and Conditions - these Terms and Conditions for the Super Early Bird Spot campaign.
b. Company - modue sp. z o.o. with its registered office in Kraśnik, ul. Szpitalna 11, 23-204 Kraśnik.
c. Modue - a modular electronic device to assist with computer hardware designed, manufactured, and sold by the Company.
d. Super Early Bird Spot - this campaign promoting the Vendor and the Modue offered by the Vendor, organised by the Vendor on the website www.modue.com or other places designated by the Company, whereby the Contributor is entitled to receive a Discount and any other event initiated by the Company whereby the Contributor may receive a Discount, subject to the terms and conditions of the Terms and Conditions;
e. Rebate - a cash surrogate with a value that can be expressed by a specific amount of cash, granted by the Company to the Contributor as part of the Super Early Bird Spot action, under the terms and conditions provided for in the Terms and Conditions.
f. Depositor - means an individual making an Advance Payment who meets the Conditions.
g. Down payment - an amount of € 2.00 (in Euros: two and 00/100), paid towards the Modue Sale.
h. Modue Sale - the contract for the sale of a Modue entered into between the Contributor and the Company via the Kickstarter platform for which the Down Payment is made, the commencement date of which will be communicated to the Contributor by the Company, in accordance with the Terms and Conditions.
i. Distance contract - a contract concluded with the Company within an organised distance contracting system, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
j. Website - the website on which the Super Early Bird Spot is operated by the Company, at: https://modue.com/reservation
k. Conditions - means the conditions for participation in the Super Early Bird Spot action that must be fulfilled by the Contributor as indicated in para. § 3 section 4 of the Terms and Conditions.
§ 3. Super Early Bird Spot rules
1. The Super Early Bird Spot campaign is led by the Company.
2. Participation in the Super Early Bird Spot is voluntary.
3. The purpose of the Super Early Bird Spot is to promote the Company and/or to promote and disseminate information about Modue, including obtaining financial support for the development of Modue, by offering Contributors a Modue Discount.
4. The Super Early Bird Spot Action is open to any individual who: (i) is of legal age, (ii) has the legal capacity to participate in the Super Early Bird Spot, (iii) has subscribed to the Company's mailing list prior to the Super Early Bird Spot, or, during the Super Early Bird Spot, prior to the Advance Payment, has provided an email address to which the Company will send information about the launch of the Modue Sale, (iv) is interested in supporting Modue in exchange for receiving a Discount.
5. The contributor is provided with access to the Super Early Bird Spot action via the functionality of the Website.
6. Payment of the Advance Payment is made via the Stripe platform and the Contributor may use the following payment methods for the Advance Payment: (i) payment by card, (ii) Przelewy24, (iii) giropay, (iv) iDeal.
7. The subscription period for the Super Early Bird Spot shares runs until 20 January 2024, although the Company reserves the right to terminate subscription for the shares prior to this date without indicating a reason.
8. The Company shall inform each Contributor by e-mail correspondence at least 24 hours in advance of the start date of the Modue Sale to the e-mail address provided by the Contributor pursuant to section 4 above.
9. The discount will be available to each Contributor for the first hour (60 minutes) counted from the start of the Modue Sale.
10. If a Contributor fails to purchase a Modue within the timeframe indicated in clause 8 above, the Company allows for the possibility of an additional promotional action whereby a different discount may be given to such person, but such action, if conducted, will be covered by separate regulations.
11. Any Contributor may opt out of the Super Early Bird Spot at any time by sending an email to the Company at email@example.com stating that they are opting out of the Super Early Bird Spot or in writing to the Company's registered office.
12. In the event of the resignation referred to in paragraph 11 above, the Company shall refund the Advance in full to such person.
13. If the Contributor sends his declaration electronically, the Company shall immediately send the Contributor an acknowledgement of receipt of the notice of withdrawal to the e-mail address provided by the Contributor.
14. The Company will refund the payment using the same payment methods used by the Contributor in the original transaction.
15. The resignation referred to in paragraph 11 above shall entail the loss of the right to the Discount and the right to take part in the additional promotional action referred to in paragraph 10 above.
16. Purchasing a Modue within the Modue Sale period and taking advantage of the Discount is the right and not the obligation of each Contributor, and consequently, the payment of the Down Payment does not entail an obligation to purchase a Modue.
§ 4. Discount
1. As part of the Super Early Bird Spot action, the Company shall grant a Modue Discount, the value of which shall not be less than € 159.00 (in euros: one hundred and fifty-nine and 00/100).
2. The discount is only granted to the Contributor in connection with: (i) payment of the Advance Payment for the Modue Sale, (ii) the Contributor's purchase of Modue after the Modue Sale has commenced, (iii) failure to submit a Super Early Bird Spot cancellation notice, (iv) providing the Company with their email address and consenting to marketing.
3. The discount shall be granted to the Depositor who has made the purchase of the Modue within the period indicated in § 3 section 9 above.
§ 5. Complaints
1. Each of the Contributors shall have the right to lodge a complaint in the event of any irregularity in the scope of the Super Early Bird Spot event in relation to the provisions of the Terms and Conditions ("Complaint"). The Complaint shall be reported to the Company as soon as the circumstances giving rise to the Contributor's concerns arise, but no later than within 7 days from the date of becoming aware of the event giving rise to the Complaint.
2. A complaint may be lodged by the Contributor:
a. in writing, at the Company's registered office or by mail to the address indicated in § 1.2 above; and
b. by e-mail to: firstname.lastname@example.org
3. In the complaint, the Contributor should state: name, e-mail address, reasons and justification for the Complaint and the Contributor's request.
4. The right to make a Complaint is available only to the Contributors.
5. The processing of a Complaint shall take 14 (fourteen) days from the date of its receipt. When investigating the Complaint, the Company will apply the provisions of the Terms and Conditions. The Contributor will be notified of the decision by e-mail to the address indicated in the Complaint.
6. If the information provided by the Contributor is insufficient to process the Complaint, the Company shall, as soon as such incomplete information is provided in the Complaint, request the Contributor to complete the information.
§ 6. Information on processing of personal data
1. The personal data of Contributors will be processed by the Company to perform the activities necessary for the proper execution of the Super Early Bird Spot campaign and for marketing purposes.
2. The administrator of the personal data ("Administrator") of the Contributor is modue spółka z ograniczoną odpowiedzialnością with its registered office in Kraśnik, at: ul. Szpitalna 11, 23-204 Kraśnik, Poland, entered in the Register of Entrepreneurs of the National Court Register, kept by the District Court of Lublin Wschód in Lublin with its seat in Świdnik, VI Economic Department of the National Court Register, under KRS number: 0001021595, with NIP number: 7151951406, REGON number: 524546957, with the share capital of PLN 10,300.00 fully covered.
3. Questions concerning the processing of the Contributor's personal data and the Contributor's rights may be submitted to the Company via: a. Email to: email@example.com;
4. The Company processes the personal data of the Contributor:
a. for the purpose of the Super Early Bird Spot action, on the basis of the express consent confirming the Contributor's participation in the Super Early Bird Spot action, i.e. payment of the Down Payment, as well as for the purpose of granting the Discount (art.6(1)(f) GDPR),
b. for the purpose of obtaining a response to complaints made by the Contributor in the context of the Super Early Bird Spot action, for the purpose of the complaints procedure, as well as for the purpose of fulfilling a legal obligation (Art. 6(1)(c) DPA),
c. for marketing purposes, on the basis of a separate consent Article 6.(1)(a) GDPR),
d. to pursue the legitimate interest of the Administrator on the basis of Article 6(1)(f) of the GDPR, which interest consists in:
- asserting or defending against claims,
- communication for the purposes of the Competition,
- the recording and dissemination of responses in accordance with the Rules.
5. The personal data referred to in para. 4 above will be processed until the expiry of the limitation period for claims, including contractual tax claims - but for no longer than 6 years. To the extent that data is processed pursuant to consent or legitimate interest, it will be processed until consent is withdrawn or objections are taken into account - but for no longer than 6 years.
6. Recipients of personal data may be:
a. MS Office 365 database systems, https://privacy.microsoft.com/pl-pl/privacystatement, https://learn.microsoft.com/en-us/microsoftteams/teams-privacy, https://explore.zoom.us/en/privacy/.
b. Mailchimp mailing system (Intuit Group): https://www.intuit.com/privacy/statement/.
c. service providers acting on behalf of the Company, in order to perform activities necessary for the proper conduct of the Super Early Bird Spot campaign or for marketing purposes.
d. Stripe payment system; https://stripe.com/en-pl/privacy
e. IT service providers responsible for operating IT systems (including email hosting), postal operators, couriers, banks, marketing agencies (for marketing services), the Company's associates, including subcontractors, entities providing legal services to the Administrator.
f. tax authorities or others authorised to audit the Administrator.
7. Personal data will not be profiled. Personal data, other than as indicated in paragraph 6 above, will not be transferred outside the EEA. The provision of personal data is voluntary, however, in terms of entering the Super Early Bird Spot, it is necessary to participate in the campaign.
8. The contributor has the right:
a. to access and correct, rectify, erase, restrict, share, transfer and object to the processing of their data.
b. to withdraw consent to the processing of personal data at any time, whereby the withdrawal of consent shall not affect the lawfulness of the processing carried out on the basis of consent before its withdrawal.
c. request the Company to delete your personal data.
d. to lodge a complaint with a supervisory authority dealing with personal data protection in case the processing of personal data is considered to be in breach of the GDPR. Each data subject also has the right to lodge a complaint with the supervisory authority in the country in which the data subject resides, in the case of Poland to: President of the Office for Personal Data Protection (PUODO), 2 Stawki Street, 00-193 Warsaw, telephone: 22 860 70 86.
e. to object to the processing of personal data where the processing is based on the legitimate interest of the Controller.
9. Deletion, modification, or objection to the processing of one's data by the Contributor is possible by e-mail to firstname.lastname@example.org.
§ 7. Information on processing of personal data
1. At the same time, these Terms and Conditions constitute regulations for the provision of services by electronic means within the meaning of Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.
2. In connection with the Super Early Bird Spot campaign, the Company provides the following services electronically:
a. Website, enabling Contributors to make Advance Payments.
b. information services to inform about the Modue Sale.
3. In order to use the services provided electronically by the Company, in particular to pay the Advance Payment, it is necessary to meet the following technical requirements: having access to the Internet, a device that allows access to the Website.
4. The contract for the provision of services by electronic means shall be concluded upon payment of the Advance Payment and shall be terminated upon the completion of the Super Early Bird Spot action, that is, either upon the purchase of the Modue, in accordance with the Terms and Conditions, or upon the expiry of the stipulated time for its purchase. At any time, the Contributor shall be entitled to terminate his/her participation in the Super Early Bird Spot action by submitting a resignation, which shall be tantamount to the termination of the Company's electronic services in this regard. Participation in the Super Early Bird Spot is voluntary, however, by submitting an opt-out, you will no longer be able to participate.
5. The provisions of point 5 above shall apply mutatis mutandis to complaints about electronically provided services.
§ 8. Final provisions
1. The Company reserves the right to amend these Terms and Conditions for important reasons, i.e. changes in the law, changes in the payment methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Company will inform the Contributor of each change at least 7 days in advance.
2. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Providing Services by Electronic Means; Act on Consumer Rights, Act on Personal Data Protection.
3. In the case of disputes, there is a possibility of using out-of-court ways of dealing with complaints and pursuing claims. Detailed information can be found on the websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, provincial inspectorates of the Trade Inspection and at the following address of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php.
4. The use of available out-of-court complaint and redress procedures is possible after the complaint procedure has been completed and is voluntary.
5. The contributor has the right to make use of out-of-court complaint and redress procedures. For this purpose, he can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.