Terms and Conditions

§ 1. General provisions

1. These Terms and Conditions set out the rules for using the MIDMOD online platform available at midmod.pl (the “Platform”), including the rules for concluding sales contracts, providing services by electronic means, using the MIDMOD PRO programme, publishing materials in MIDMOD MAG and Selected by, and submitting furniture rental enquiries.
2. The owner of the Platform and the seller is Maciej Brzoskowski, conducting business under the name Midmod Maciej Brzoskowski, ul. Lelewela 4, 53-505 Wrocław, Poland, VAT ID (NIP) PL9182130551, REGON 387945479 (“MIDMOD” or the “Seller”).
3. Contact with MIDMOD:
   1. e-mail: info@midmod.pl — orders, returns, complaints; trade@midmod.pl — MIDMOD PRO, MIDMOD MAG, Selected by, rental;
   2. telephone: +48 503 130 713 (charged at your operator’s rates);
   3. postal address: as in section 2.
4. These Terms are made available free of charge on the Platform in a form that allows them to be downloaded, stored and printed. The Platform is available in Polish and English; in the event of any discrepancy, the Polish version prevails, subject to mandatory consumer protection laws.

§ 2. Definitions

1. Customer — a natural person with full legal capacity, a legal person or an organisational unit with legal capacity that uses the Platform, in particular places an Order.
2. Consumer — a Customer who is a natural person concluding a contract with MIDMOD that is not directly related to their business or professional activity.
3. Sole trader with consumer rights — a natural person concluding a contract directly related to their business activity where the contract shows that it is not of a professional nature for that person, in particular in light of the business activity registered in the Polish business register (CEIDG). The provisions of these Terms concerning Consumers apply to such a person with respect to the right of withdrawal, liability for lack of conformity of goods and unfair contract terms.
4. Business Customer — a Customer who is neither a Consumer nor a Sole trader with consumer rights.
5. Account — an electronic service: the Customer’s individual panel on the Platform (“My account”).
6. PRO Account — an Account with access to the MIDMOD PRO programme (§ 11).
7. Product — an item offered for sale on the Platform.
8. Order — the Customer’s declaration of intent to conclude a sales contract, submitted via the Platform.
9. Contract — a distance sales contract for a Product concluded between MIDMOD and the Customer.
10. Materials — content submitted to MIDMOD by a User for publication, in particular photographs, descriptions, logos and design team details (§ 12).
11. User — any person using the Platform, including a Customer.
12. Business day — Monday to Friday, excluding public holidays in Poland.

§ 3. Electronic services

1. MIDMOD provides the following electronic services free of charge:
   1. browsing the offer and content of the Platform, including MIDMOD MAG, collections and designer and maker pages;
   2. Account — the contract is concluded for an indefinite period when the Account is created;
   3. Basket and Order form;
   4. Favourites — saving selected Products, also without logging in (in the User’s browser);
   5. Newsletter (section 6);
   6. forms: “Ask about this item”, shipping quote, MIDMOD PRO application, MIDMOD MAG project submission, rental enquiry, seller application — the contract for using a form is concluded when the form is sent and ends when a reply is given.
2. Technical requirements: a device with Internet access, an up-to-date browser (Chrome, Edge, Firefox, Safari) with JavaScript and essential cookies enabled, and an active e-mail address.
3. Users must not provide unlawful content or use the Platform in a way that disrupts its operation, including automated downloading of its content without MIDMOD’s consent.
4. Users may delete their Account at any time or request its deletion by sending a message from the e-mail address assigned to the Account. Deleting the Account does not affect the fulfilment of Orders already placed or licences granted under § 12.
5. MIDMOD may block or delete the Account of a User who seriously breaches these Terms or the law — after first requesting that the breach stop, unless the breach requires immediate action. MIDMOD gives the User the reasons.
6. Newsletter: sign-up via the form on the Platform. Consent to receive the newsletter is voluntary and separate from accepting these Terms. You can unsubscribe at any time using the link in each message or by e-mail.
7. Complaints about electronic services are submitted as described in § 10 section 4; MIDMOD replies within 14 days.

§ 4. Products

1. Products are pre-owned items, most of them several decades old and often one of a kind. Products are either professionally restored or sold in original condition — as stated in the Product description.
2. The condition description (“Information” tab), dimensions and photographs form part of the Product description. When assessing whether a Product conforms to the Contract, account is taken of the fact that it is a pre-owned item, as well as its age and description.
3. Dimensions are given to an accuracy of approximately 1 cm. Colours in photographs may differ slightly from reality depending on the screen.
4. MIDMOD states attributions (designer, maker, country, period of production) on the basis of markings, documentation and expert knowledge. MIDMOD offers only original items and does not sell replicas (see MIDMOD Guarantee). A Product that is not authentic or whose attribution differs materially from its description does not conform to the Contract.
5. MIDMOD does not provide a guarantee within the meaning of Article 577 of the Polish Civil Code unless expressly stated otherwise for a Product. This does not limit statutory liability for lack of conformity of goods with the contract (§ 10).
6. Products come from MIDMOD’s collection and from selected suppliers — restoration workshops, antique dealers and design dealers — in Poland and across Europe. MIDMOD is always the party to the Contract.

§ 5. Prices

1. Prices are final prices for the Customer, stated in PLN, EUR or GBP depending on the selected currency. Products are sold either with 23% VAT or under the VAT margin scheme for second-hand goods (Article 120 of the Polish VAT Act) — for such a Product, VAT is not shown on the invoice and cannot be deducted.
2. Prices do not include delivery costs. The Customer sees the delivery cost on the Product page (“Delivery” tab) and in the Basket before placing the Order.
3. Whenever a price is reduced, MIDMOD states the lowest price of the Product in the 30 days before the reduction.
4. MIDMOD PRO prices are visible only after logging in to a PRO Account and cannot be combined with other discounts (§ 11).
5. The amount charged corresponds to the amount in the Order currency; any currency conversion is carried out by the Customer’s bank or card issuer under its own terms.

§ 6. Orders and conclusion of the Contract

1. The Customer adds Products to the Basket, enters their details, selects the delivery and payment method, accepts these Terms and confirms the Order with a button indicating an obligation to pay. Until then, the Customer may correct the details entered. An Account is not required to place an Order.
2. Product descriptions on the Platform are an invitation to conclude a contract. The Order is the Customer’s offer. The Contract is concluded when the Customer receives the e-mail confirming that the Order has been accepted for fulfilment, sent after the payment has been received.
3. MIDMOD provides the Customer with the content of the Contract (Order details and these Terms) on a durable medium — by e-mail — no later than when the Product is dispatched.
4. The Customer may request changes to the Order, e.g. to the delivery address, by e-mail until the Product is dispatched.

§ 7. Payments

1. Payment methods (depending on the currency, shown at checkout):
   1. BLIK and fast bank transfer — operated by Tpay (Krajowy Integrator Płatności S.A.), PLN only;
   2. payment card, Apple Pay, Google Pay — operated by Stripe, in PLN, EUR and GBP;
   3. traditional bank transfer to MIDMOD’s account held in the Order currency — transfer details are shown in the Order summary and in the e-mail;
   4. instalments and deferred payments (Bank Pekao, Alior Bank, PragmaPay, PayPo) — PLN only; the Customer concludes the financing agreement directly with the bank or financing institution, which decides whether to grant it;
   5. MIDMOD gift card — its value is deducted from the Order amount; the card cannot be exchanged for cash; its expiry date is shown on the card.
2. MIDMOD does not accept cash on delivery.
3. For traditional bank transfers, MIDMOD reserves the Product for 72 hours from placing the Order. If payment is not received within this time, the Order is cancelled and the Product returns to sale.
4. If an online payment fails, the Customer may retry it using the link in the e-mail or in the Account.
5. Proof of purchase is a receipt or an invoice. Customers buying for a business enter their VAT ID in the Order form.

§ 8. Fulfilment and delivery

1. MIDMOD delivers Products in Poland, to European Union countries and — following an individual quote — outside the European Union. The Customer sees the cost and method of delivery to a given country on the Product page or in the Basket; if there is no price for a country, the Customer may request a quote. MIDMOD may exclude delivery to selected countries — this information is shown before the Order is placed.
2. The estimated time to prepare the Product for dispatch is stated on the Product page. Unless stated otherwise there, the Product will be dispatched within 30 days of conclusion of the Contract.
3. Products from one Order may be shipped separately, from different locations and at different times. After dispatch, the Customer receives an e-mail with shipping information.
4. Special delivery, with carrying in and placing the furniture, is available after individually agreeing the date and cost.
5. For delivery outside the European Union, customs duties, import taxes and clearance charges in the recipient’s country are borne by the Customer unless agreed otherwise. MIDMOD prepares the export documents.
6. The Customer may cancel the Order free of charge until the Product is dispatched — MIDMOD refunds the full amount paid.
7. We recommend checking the parcel in the presence of the courier and, if it is damaged, drawing up a damage report and taking photographs. The absence of a report does not limit the rights of a Consumer or a Sole trader with consumer rights.
8. The risk of accidental loss of or damage to the Product passes to the Consumer when the Product is delivered to them or to a person indicated by them other than the carrier.

§ 9. Right of withdrawal

1. A Consumer and a Sole trader with consumer rights may withdraw from the Contract without giving any reason within 14 days of delivery of the Product or, where several Products are delivered separately, of delivery of the last of them.
2. The withdrawal statement may be sent by e-mail to info@midmod.pl or by post to MIDMOD’s address, for example using the form in Annex 1 (its use is not mandatory). To meet the deadline, it is sufficient to send the statement before it expires.
3. MIDMOD refunds all payments received, including the cost of delivery to the Customer up to the cheapest standard delivery option offered for the Product, without undue delay and no later than 14 days after receiving the withdrawal statement — using the same payment method as the Customer used, unless the Customer agrees to another method at no cost to them. For instalment payments, the refund is made to the financing institution. MIDMOD may withhold the refund until it receives the Product back or proof that it has been sent, whichever occurs first.
4. The Customer returns the Product within 14 days of withdrawal, to the address provided by MIDMOD, and bears the direct cost of returning it. Large items cannot be returned by ordinary post — the estimated cost of returning them corresponds to the delivery cost stated for the Product.
5. The Customer is liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish its nature, characteristics and functioning. The Product must be packed so that it is not damaged in transit.
6. The right of withdrawal does not apply to a Product made or modified to the Customer’s specifications, for example restored with upholstery chosen by the Customer. The Customer is informed of this before the Contract is concluded.

§ 10. Lack of conformity with the Contract (complaints)

1. MIDMOD is liable to a Consumer and a Sole trader with consumer rights for any lack of conformity of the Product with the Contract that exists when the Product is delivered and becomes apparent within two years of that time.
2. In the event of non-conformity, the Customer may request repair or replacement of the Product; given the unique nature of the Products, replacement is usually not possible. MIDMOD may refuse to bring the Product into conformity if this is impossible or would involve disproportionate costs. The Customer may declare a price reduction or withdrawal from the Contract in the cases provided for in the Polish Consumer Rights Act; withdrawal is not available if the lack of conformity is minor.
3. The costs of repair, replacement and transport of the Product in connection with a complaint are borne by MIDMOD, which specifies the method and address for return or arranges collection.
4. Complaints may be submitted by e-mail or by post, stating the Customer’s details and Order number, a description of the non-conformity (preferably with photographs) and the request. Missing some of this information does not prevent the complaint from being considered.
5. MIDMOD replies to a complaint within 14 days of receiving it. Failure to reply within this time means the complaint has been accepted.
6. Complaints concerning the operation of the Platform and electronic services are submitted in the same way.

§ 11. MIDMOD PRO

1. MIDMOD PRO is a free programme for architects, interior designers and companies in the interiors sector — intended exclusively for Business Customers buying in connection with their professional activity.
2. Access requires an application via the form on the Platform or by e-mail. MIDMOD reviews the application, usually within 48 hours, may ask for a portfolio, website address or VAT ID, and may refuse access. A PRO Account may also be created at the request of a studio whose project has been published in MIDMOD MAG (§ 12).
3. Under MIDMOD PRO, MIDMOD may offer in particular: PRO prices on selected items (visible after logging in), a personal adviser, early access to new arrivals, Product reservations, customisation (restoration, new upholstery), sourcing support, and publications in MIDMOD MAG and Selected by. The scope of benefits may change; this does not constitute an amendment to these Terms.
4. PRO prices cannot be combined with other discounts or promotions.
5. Purchases made from a PRO Account are purchases by a Business Customer related to their professional activity. A standard Account or guest checkout should be used for private purchases.
6. A Product reservation for a PRO Customer is free of charge, expires on the agreed date and does not constitute conclusion of a Contract. Customisation carried out for a PRO Customer is quoted individually and may require a deposit.
7. A PRO Customer may not share the PRO Account or PRO prices with third parties. In the event of a breach, MIDMOD may withdraw PRO status; this does not affect Contracts already concluded.

§ 12. Publications: MIDMOD MAG, Selected by, studio profiles

1. Scope. This section applies to Materials submitted by a User (the “Submitter”) for publication: project submissions to MIDMOD MAG, materials for Selected by (selection of Products, studio description, project and portrait photographs) and studio profile details and graphics maintained in a PRO Account.
2. Publication. The MIDMOD editorial team decides on publication, choice of photographs, title, content and layout. Based on the Submitter’s description, MIDMOD prepares the text and may translate it, including with machine translation tools. MIDMOD is not obliged to publish or to give reasons for not publishing. Publication is free of charge for both parties.
3. Submitter’s representations. By submitting Materials, the Submitter represents that:
   1. they hold the economic copyrights to the Materials or have obtained from the authors — in particular the photographer, the authors of the interior design and the author of the logo — the consents and licences needed to grant the licence in section 4, including the right to grant sublicences;
   2. persons identifiable in the photographs, including portrait and team photographs, have consented to the dissemination of their image to the extent set out in section 4;
   3. the owner or user of the interior has consented to the publication of photographs of the interior, and the Materials do not reveal the address of the interior or personal data of third parties (e.g. documents, family photographs) unless they have consented;
   4. the persons listed in the project team have consented to their names and roles being given;
   5. the submitted project has been completed and is not a visualisation, unless MIDMOD has expressly allowed otherwise;
   6. the Materials do not infringe the rights of third parties or the law.
4. Licence. On submitting the Materials, the Submitter grants MIDMOD a free, non-exclusive licence, without territorial limitation, to use the Materials in the following fields of exploitation:
   1. recording and reproduction by digital means, including changing format and resolution and compression;
   2. storing in the memory of computers and servers, including in backups;
   3. making available to the public in such a way that anyone can access them at a place and time of their choosing — on the Platform (MIDMOD MAG, Selected by, studio profile, collection, designer, maker and Product pages), in the MIDMOD newsletter and on MIDMOD’s social media profiles;
   4. use in materials promoting the publication and the Platform, including MIDMOD’s paid online advertising campaigns and printed materials (catalogues, leaflets, press and trade fair materials);
   5. providing the Materials to media and partners to inform them about the publication — with credit to the authors.
5. Adaptations. The Submitter permits MIDMOD to crop photographs and change their proportions, make technical corrections (brightness, contrast, white balance) that do not alter the content of the photograph, combine photographs with text, logos and graphic elements of the Platform, and shorten, edit and translate texts — and to use such adaptations in the fields of exploitation in section 4. MIDMOD does not retouch the content of photographs and does not distort the project.
6. Sublicences. MIDMOD may grant further licences to the extent necessary for publication: to hosting and technical service providers, to social media operators (to the extent required by their terms) and to the media and partners referred to in section 4 point 5.
7. Credits. MIDMOD credits the publication with the studio name and — in line with the details given in the submission — the photographer and team members. Where this is not technically possible (thumbnails, carousels, advertisements, newsletter), credits appear on the publication page linked from there.
8. Duration. The licence is granted for an indefinite period. The Submitter may terminate it with three months’ notice, but not earlier than three years after first publication. After the licence expires, MIDMOD removes the Materials from the Platform within 30 days; it is not obliged to remove them from newsletters already sent, archived social media posts or printed materials. Notwithstanding the above, MIDMOD may remove a publication earlier at the Submitter’s request.
9. Studio name and logo. The Submitter permits MIDMOD to use the studio’s name and logo to identify the publication, the studio profile and Selected by.
10. Materials from MIDMOD. The studio may use, free of charge, the graphics and the “Published in MIDMOD MAG” badge provided by MIDMOD — solely to inform about the publication, without changes and with a link to the publication.
11. Liability. If the representations in section 3 prove untrue, a Submitter who is a Business Customer shall indemnify MIDMOD against third-party claims and cover the reasonable costs involved. MIDMOD promptly removes Materials upon receiving credible information that they infringe third-party rights.
12. Studio profile. Changes to the profile made by a PRO Customer in the Account are published after MIDMOD’s approval. The studio may request that its profile be hidden at any time; project publications remain subject to section 8.

§ 13. Furniture rental

1. Furniture rental is available to Business Customers only.
2. The form on the Furniture rental page is used to submit an enquiry. An enquiry is neither an offer nor a reservation. The binding rental terms — period, rent, deposit, transport, liability for damage and the value of the items — are set out in a rental agreement concluded separately in documentary or written form. Information on the rental page is for information purposes only.
3. Consent to the credit “Furniture: MIDMOD” in the credits or description of a project is voluntary.

§ 14. Business Customers

1. § 9 and § 10 do not apply to Business Customers, other than Sole traders with consumer rights. MIDMOD’s liability to a Business Customer under statutory warranty for defects (rękojmia) is excluded.
2. The risk of accidental loss of or damage to the Product passes to the Business Customer when the Product is handed over to the carrier. The Business Customer inspects the shipment on receipt and takes the steps necessary to establish the carrier’s liability.
3. MIDMOD’s liability to a Business Customer is limited to actual loss and to the price of the Product under the Contract to which the claim relates, and does not cover lost profits. This limitation does not apply to damage caused intentionally.

§ 15. Personal data

MIDMOD is the controller of personal data. The rules for processing personal data and using cookies are set out in the Privacy Policy.

§ 16. Changes to the Terms

1. MIDMOD may change these Terms for important reasons: changes in the law, changes in how the Platform operates or in the scope of services, or for security reasons.
2. Users with an Account are informed of a change by e-mail at least 14 days before it takes effect. A User who does not accept the changes may delete their Account before that date.
3. Contracts concluded before the change are governed by the previous version of these Terms.

§ 17. Final provisions

1. A Consumer may use out-of-court complaint and redress procedures, in particular by contacting a permanent consumer arbitration court, the Provincial Inspector of Trade Inspection or a municipal (district) consumer ombudsman. Information and a list of authorised bodies are available on the website of the Polish Office of Competition and Consumer Protection: uokik.gov.pl.
2. Contracts are governed by Polish law. This choice of law does not deprive a Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
3. Disputes with Business Customers are settled by the court having jurisdiction over MIDMOD’s registered office; disputes with Consumers — by the court having jurisdiction under general rules.

Annex 1 — model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.