| ONLINE STORE TERMS AND CONDITIONS | ||||||||||
| 1. | These Terms and Conditions set out general terms, rules and procedure of sales provided by Tomasz Biedroń, who operates a business enterprise under the name AT-OUTLET Biedroń Szecówka Spółka komandytowa with its registered office in Częstochowa, via the website at-outlet.com (hereinafter referred to as: “Website”) and define terms and rules regarding the provision of free e-services by Tomasz Biedroń, who operates a business enterprise under the name AT-OUTLET Biedroń Szecówka Spółka komandytowa with its registered office in Częstochowa | |||||||||
| § 1 Definitions | ||||||||||
| 1. | Business days – days from Monday to Friday with the exception of public holidays. | |||||||||
| 2. | Delivery – a factual act involving the delivery of a Product specified in the order to the Customer by the Seller via the Carrier. | |||||||||
| 3. | Carrier – a shipping company cooperating with the Seller with regard to the Delivery of Products. | |||||||||
| 4. | Password – a string of letters, digits or other characters chosen by the Customer upon registering on the Online Store, which are used secure the Customer’s Account in the Online Store against unauthorised access. | |||||||||
| 5. | Customer – an entity, to which – according to the Terms and Conditions and provisions of law – e-services can be provided or with which a Sales contract can be concluded. | |||||||||
| 6. | Consumer – a natural person performing a legal act with an entrepreneur, which is not directly associated with the business or professional activity of the former. | |||||||||
| 7. | Customer Account – a unique panel of each Customer provided by the Seller after completing a Registration process by the Customer and concluding a contract for the provision of the “Customer Account Management” service. | |||||||||
| 8. | Entrepreneur – a natural person, a legal person or an organisational entity not being a legal entity, who is statutorily granted legal capacity and who operates a business or professional activity under their own name, and performs a legal transaction that is directly associated with its business or professional activity. | |||||||||
| 9. | Terms and Conditions – these terms and conditions. | |||||||||
| 10. | Registration – a factual act performed in the manner stipulated in the Terms and Conditions, which is required to enable the Customer to access all functionalities of the Online Store. | |||||||||
| 11. | Online Store Website – websites under the domain name at-outlet.com used by the Seller for operating the Online Store. | |||||||||
| 12. | Seller – Tomasz Biedroń | |||||||||
| a) | who operates a business enterprise under the name AT-OUTLET Biedroń Szecówka Spółka komandytowa with its registered office in Częstochowa (42-202), ul. Białostocka 47, NIP:5732848991, REGON: 243515820, entered into the Central Registration and Information on Business (CEIDG) kept by the Minister of Development; e-mail: info@at-outlet.pl, who is also the owner of the Online Store. | |||||||||
| 13. | Product – an item presented by the Seller using the Online Store Website, which can be a subject of a Sales Contract. | |||||||||
| Each product presented by the Seller is marked as new, demo or used. In case of used or demo Products, the Seller informs the Customer about any visible signs of use. | ||||||||||
| 14. | Durable medium – a material or tool enabling the Customer or Seller to store information addressed directly to them in a way allowing for accessing this information in the future for a time appropriate for the intended purpose of this information, and which allows for reading the stored information in an unchanged form. | |||||||||
| 15. | Sales contract – a remote sales contract concluded between the Customer and Seller in accordance with the Terms and Conditions. | |||||||||
| § 2 General provisions and the use of the Online Store | ||||||||||
| 1. | All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, domain, Online Store Website as well as templates, forms or logos on the Online Store Website (except for logos and pictures uploaded on the Online Store Website for the purpose of presenting products, the copyrights to which are owned by third parties) are owned by the Seller and they can be used only in a manner defined by and compliant with the Terms and Conditions and after obtaining the Seller’s written consent. | |||||||||
| 2. | The Seller will make every effort to ensure that the Online Store Website can be accessed by all Internet users via all popular web browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Website Online Store are: a web browser (at least Internet Explorer 11, Chrome 39, Firefox 34, Opera 26, Safari 5 or newer) with Javascript and cookies enabled, and at least a 256 kbit/s Internet connection. The Online Store Website is optimised for the minimum screen resolution of 1024×768. | |||||||||
| 3. | The Seller uses cookies, which are saved by the Seller’s server on the hard drive of the Customer’s end device during their use of the Online Store Website. Cookies are used to ensure correct functioning of the Online Store Website on the Customer’s end device. This mechanism does not damage the Customer’s end device and does not cause any configuration changes in the Customer’s end device or software installed on this device. Every Customer has the option to disable cookies in the web browser settings. The Seller informs that disabling cookies may, however, cause difficulties or make it impossible to use the Online Store Website. | |||||||||
| 4. | The Customer is required to have an active email account to place an order in the Online Store via the Online Store Website and to use the e-services provided via the Online Store Website. | |||||||||
| 5. | The Customer must not provide unlawful content or use the Online Store, Online Store Website or free e-services provided by the Seller in a way that would violate the law, commonly acknowledged rules of conduct or personal rights of third parties. | |||||||||
| 6. | The Seller declares that the public nature of the Internet and the use of e-services may involve the risk of acquisition and modification of the Customer’ data by unauthorised persons, and for this reason the Customer should use appropriate technical measures to minimise the aforementioned risks. In particular, they should use antivirus software and software protecting the identity of Internet users. Under no circumstances will the Seller ask the Customer to reveal their Password in any form. | |||||||||
| 7. | The Customer must not use the resources and functions of the Online Store for any activity that would compromise the Seller’s business. | |||||||||
| § 3 Registration | ||||||||||
| 1. | In order to create a Customer Account, the Customer is required to complete a free Registration process. | |||||||||
| 2. | Registration is not required for placing an order in the Online Store. | |||||||||
| 3. | In order to register, the Customer is required to fill in a registration form provided by the Seller on the Online Store Website and electronically send the filled in registration form to the Seller by choosing the appropriate function provided in the form. The Customer creates a unique Password during the Registration process. | |||||||||
| 4. | When filling in the registration form, the Customer has the possibility to read the Terms and Conditions, which the must be accepted by selecting the appropriate field in the form. | |||||||||
| 5. | During the Registration process, the Customer may voluntarily give consent for the use of their personal data for marketing purposes by selecting the appropriate field in the registration form. In that case, the Seller clearly informs about the purpose of collecting the Customer’s personal data and the recipients of this data known to (or predicted by) the Seller. | |||||||||
| 6. | The Customer’s consent for the use of their personal data for marketing purposes is not obligatory for concluding the contract with the Seller for the provision of the Customer Account Management service by electronic means. The Customer may withdraw their consent at any time by sending an appropriate statement to the Seller. The statement can be sent e.g. by electronic means to the Seller’s email address. | |||||||||
| 7. | After sending a filled in registration form, the Customer receives a registration confirmation message on the email address provided in the registration form. This results in concluding a contract for the provision of the Customer Account Management service by electronic means and the Customer has now access to the Customer Account and may change the information provided during the Registration process. | |||||||||
| § 4 Orders | ||||||||||
| 1. | The information on the Online Store Website does not constitute the Seller’s offer in the meaning of the Civil Code and it serves only as an invitation to the Customer to submit offers for concluding a Sales Contract. | |||||||||
| 2. | The Customer may place orders in the Online Store via the Online Store Websites 24 hours a day, 7 days a week. | |||||||||
| 3. | When placing an order using the Online Store Website, the Customer selects the Products they are interested in purchasing. To add a Product to the order, the Customer needs to select the command “ADD TO CART” located under each Product presented on the Online Store Website. After adding all the desired items to cart and choosing the form of Delivery and payment, the Customer places an order by sending the order form to the Seller through clicking on the button “Order/Order with obligation to pay” on the Online Store Website. Before sending the order form to the Seller, the Customer is always informed about the total price for the selected Products and Delivery as well as all additional costs that they are required to cover under the Sales Contract. | |||||||||
| 4. | Placing an order involves the Customer submitting an offer to the Seller to conclude a Contract for the sale of the ordered Products. | |||||||||
| 5. | After placing the order, the Seller sends a confirmation of order placement to the email address provided by the Customer. | |||||||||
| 6. | Then, after the confirmation of order placement, the Seller sends a notification of order acceptance to the email address provided by the Customer. The notification of order acceptance is the Seller’s declaration of accepting the offer described in §4 item 4 and the Sales Contract is concluded at the time of receipt of this notification by the Customer. | |||||||||
| 7. | After concluding the Sales Contract, the Seller confirms its terms and conditions by sending them in an electronic form on the Customer’s email address or in a written form to the Customer’s address provided during the Registration process or order placement. | |||||||||
| § 5 Payment | ||||||||||
| 1. | Prices placed next to Products on the Online Store Website are gross prices and do not include the cost of Delivery and any other costs the Customer may be required to cover under the Sales Contract, which will be communicated to the Customer when selecting the form of Delivery and placing the order. | |||||||||
| 2. | The Customer may choose between the following forms of payment for the ordered Products: | |||||||||
| a) | bank transfer to the Seller’s bank account (in this case, order processing will begin only after a confirmation of order acceptance has been sent to the Customer by the Seller and the payment has been credited to the Seller’s bank account); | |||||||||
| b) | bank transfer to the Seller’s bank account with the option of collection in person in the Seller’s office (in this case, order processing will begin immediately after a confirmation of order acceptance has been sent to the Customer by the Seller and the ordered Product will be handed over in the Seller’s office after the payment has been credited to the Seller’s bank account); | |||||||||
| c) | payment card or bank transfer via the external payment system PayU operated by PayU S.A. with its registered office in Poznań (in this case, order processing will begin only after a confirmation of order acceptance has been sent to the Customer by the Seller and after the Seller has received a notification from PayU regarding the successful payment completion); | |||||||||
| d) | payment card or bank transfer via the external payment system PayPal operated by PayPal (Europe) S.a r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, order processing will begin only after a confirmation of order acceptance has been sent to the Customer by the Seller and after the Seller has received a notification from PayPal regarding the successful payment completion); | |||||||||
| e) | payment card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro) or bank transfer via the external payment system BlueMedia operated by Blue Media S.A. with its registered office in Sopot (in this case, order processing will begin only after a confirmation of order acceptance has been sent to the Customer by the Seller and after the Seller has received a notification from BlueMedia regarding the successful payment completion); | |||||||||
| f) | cash on delivery, the payment is made to the Carrier at the Delivery (in this case, order processing will begin only after a confirmation of order acceptance has been sent to the Customer by the Seller); | |||||||||
| g) | cash with collection in person – the payment is made in the Seller’s office (in this case, order processing will begin immediately after a confirmation of order acceptance has been sent to the Customer by the Seller and the ordered Product will be handed over in the Seller’s office). | |||||||||
| 3. | If the prepayment option has been selected, the Customer should make a payment in the amount specified under the Sales Contract within 3 Working days. | |||||||||
| 4. | If the Customer fails to make the payment within the period described in §5 item 3, the Seller will set an additional payment period and inform the Customer about that fact using a Durable medium. The notification about the additional payment period also includes information that the Seller will withdraw from the Sales Contract if the payment has not been made within the stipulated period. If the payment has not been made within the second payment period, the Seller will send the Customer, using a Durable medium, a statement of withdrawal from the contract under art. 491 of the Civil Code. | |||||||||
| § 6 Delivery | ||||||||||
| 1. | The Seller provides Delivery within the European Union. | |||||||||
| 2. | The Seller is obliged to deliver the Product being the subject of the Sales Contract in a flawless condition. | |||||||||
| Each product presented by the Seller is marked as new, demo or used. In case of used or demo Products, the Seller informs the Customer about any visible signs of use. | ||||||||||
| 3. | The Seller provides information on the Online Store Website regarding the number of Working days needed for Delivery and order completion. | |||||||||
| 4. | The date of Delivery and order completion indicated on the Online Store Website is expressed in Working days according to §5 item 2 of the Terms and Conditions. | |||||||||
| 5. | The ordered Products are delivered to the Customer via the Carrier to the address indicated in the order form. | |||||||||
| 6. | On the day of sending the Product to the Customer (unless the Customer selected collection in person), a shipping confirmation message will be sent to the Customer’s email address. | |||||||||
| 7. | The Customer is obliged to examine the delivered package at the time and in the manner customary for a given delivery type. If any loss or defect is discovered, the Customer is entitled to ask the Carrier’s employee to write an appropriate report. | |||||||||
| 8. | The Customer may collect the ordered Product in person. The Product can be collected in the Seller’s office on any Working day within the opening hours indicated on the Online Store Website after prior agreement with the Seller on the time of collecting the Product via email or telephone. | |||||||||
| 9. | The Seller, in accordance with the Customer’s wish, will attach a receipt or VAT invoice covering the delivered Products to the shipment being the subject of the Delivery. | |||||||||
| 10. | In case of the Customer’s absence at the address specified as the address of Delivery upon placing the order, the Carrier’s employee will leave an advice note or will attempt to contact the Customer by telephone to agree on the time of their availability. If the ordered Product is returned to the Online Store by the Carrier, the Seller will contact the Customer via email or telephone to agree on the time and cost of the second Delivery. | |||||||||
| § 7 Implied Warranty | ||||||||||
| 1. | The Seller ensures that the Delivered Product is free of physical and legal defects. The Seller is liable towards the Customer if the Product has physical or legal defects (implied warranty). | |||||||||
| Each product presented by the Seller is marked as new, demo or used. In case of used or demo Products, the Seller informs the Customer about any visible signs of use. | ||||||||||
| 2. | If the Product has a defect, the Customer may: | |||||||||
| a) | submit a discount request or a statement of withdrawal from the Sales Contract, unless the Seller replaces the defective Product with a non-defective one or removes the defect immediately and without excessive inconvenience for the Customer. | |||||||||
| This limitation does not apply if the Product has been already replaced or repaired by the Seller, or if the Seller failed to fulfill the obligation to replace the Product with a non-defective one or remove the defect. The Customer may demand replacement of the Product with a non-defective one instead of removal of the defect proposed by the Seller, or demand removal of the defect instead of Product replacement, unless ensuring the Product’s compliance with the Contract in a manner chosen by the Customer would be impossible or would require excessive costs as compared to the solution proposed by the Seller. In assessing the excessiveness of costs, the Seller considers the value of a defect-free Product, the type and significance of the discovered defect as well as the Customer’s inconvenience caused by the selection of another manner of satisfying the claim. | ||||||||||
| b) | demand replacement of the defective Product with a non-defective one or removal of the defect. The Seller is obliged to replace the defective Product with a non-defective one or remove the defect within a reasonable time and without excessive inconvenience to the Customer. | |||||||||
| The Seller may refuse to fulfill the Customer’s demand if ensuring the defective Product’s compliance with the Sales Contract in the manner selected by the Customer is impossible, or would require excessive costs as compared to the other possible manner of ensuring the Product’s compliance with the Sales Contract. The costs of repair or replacement are covered by the Seller. | ||||||||||
| 3. | If the Customer exercises their right under the implied warranty, they are obliged to deliver the defective product to the Seller’s address. If the Customer is a Consumer, the cost of delivery is covered by the Seller. | |||||||||
| A Customer who is also a Consumer may order a shipping company via the Seller, which will, at the Seller’s expense, collect the defective Product at a convenient time for the Customer in order to deliver it to the Seller. | ||||||||||
| 4. | The Seller is liable under the implied warranty if a physical defect is discovered within two years from the date of the Customer’s collection of the Product. The claim for defect removal or replacement of the Product with a non-defective one is governed by a one-year statute of limitations, however this time period may not end before the time period specified in the first sentence. Within this time limit, the Customer may withdraw from the Sales Contract or submit a discount request due to the Product’s defect. If the Customer demands replacement of the Product with a non-defective one or removal of the defect, the time period for withdrawal from the Sales Contract or submission of the discount request begins on the day of expiry of the time period for replacement of the Product or removal of the defect. | |||||||||
| In case of a Product marked by the Seller as used, the Seller is liable under the implied warranty if a physical defect is discovered within one year from the date of the Customer’s collection of the Product. | ||||||||||
| 5. | If the Customer is an Entrepreneur, the Seller is liable under the implied warranty for the period of one year from the date of Delivery. | |||||||||
| 6. | A Customer who is an Entrepreneur loses their implied warranty rights if they did not examine the Product at the time and in the manner customary for a product of this type and did not immediately inform the Seller about the discovered defect. | |||||||||
| 7. | All complaints regarding the Product or the performance of the Sales Contract may be submitted by the Customer in a written form to the Seller’s address. | |||||||||
| 8. | The Seller will respond to the the complaint regarding the Product or the performance of the Sales Contract submitted by the Customer within 14 days from the receipt of the complaint. | |||||||||
| 9. | The Customer may submit a complaint to the Seller with regard to the free e-services provided by the Seller. The complaint may be sent in an electronic form to the address: serwis@at-outlet.pl. In the complaint, the Customer should provide a description of the problem. The Seller should immediately, however not later than within 14 days, consider the complaint and respond to the Customer. | |||||||||
| 10. | The Seller does not use alternative dispute resolution methods mentioned in the Act of 23 September 2016 on Out-of-Court Consumer Dispute Resolution. | |||||||||
| § 8 Warranty | ||||||||||
| 1. | Products sold by the Seller may be covered by manufacturer’s warranty. | |||||||||
| 2. | In case of Products covered by warranty, the information regarding the availability and terms of warranty is provided on the Online Store Website. | |||||||||
| § 9 Withdrawal from the Sales Contract | ||||||||||
| 1. | A Customer who is a Consumer may withdraw from the concluded Sales Contract within 14 days without giving any reasons. | |||||||||
| 2. | The time period for withdrawal from the Sales Contract begins from the moment of taking possession of the Product by the Consumer. | |||||||||
| The Consumer may withdraw from the Sales Contract by submitting a statement of withdrawal. The statement can be sent e.g. in a written from to the Seller’s address or via email to the Seller’s email address. The statement can be submitted using the template provided by the Seller on the Online Store Website at the following address: Withdrawal form. In order to meet the required time period, it is enough to send the statement before it ends. | ||||||||||
| The Consumer may withdraw from the Sales Contract by submitting a statement of withdrawal to the Seller using the form provided on the website at the following address: Electronic withdrawal form. In order to meet the required time period, it is enough to send the statement before it ends. The Seller will immediately confirm to the Consumer the receipt of an electronic withdrawal form sent via the website. | ||||||||||
| 3. | In the case of withdrawal from a Sales Contract, the contract is treated as never concluded. | |||||||||
| 4. | If the Consumer submits a statement of withdrawal from the Sales Contract before the Seller’s acceptance of their offer, the offer is no longer binding. | |||||||||
| 5. | The Seller should immediately, not later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Sales Contract, return all payments made by the Consumer, including the costs of Delivery of the Product to the Consumer. The Seller may withhold the return of the payments made by the Consumer until the receipt of the returned Product or a proof of sending the Product by the Customer, whichever occurs earlier. | |||||||||
| 6. | If the Consumer exercising the right of withdrawal has selected a method of Product Delivery other than the cheapest regular Delivery method offered by the Seller, the Seller is not obliged to return the additional expenses incurred by the Consumer. | |||||||||
| 7. | The Consumer is obliged to return the Product to the Seller immediately, however not later than within 14 days from the date of withdrawal from the Sales Contract. In order to meet the required time period, it is enough to send the Product to the Seller’s address before it ends. | |||||||||
| 8. | In case of withdrawal, a Customer who is a Consumer should only cover the direct costs of returning the Product. | |||||||||
| 9. | If, due to its nature, the Product cannot be sent back using traditional mail, the Seller should inform the Consumer about the costs of returning this product on the Online Store Website. | |||||||||
| 10. | The Consumer bears responsibility for decrease in the Product’s value due to its use beyond the scope that is necessary to determine the nature, features and functioning of the Product. | |||||||||
| 11. | The Seller returns the payment using the same payment method as the one used by the Consumer, unless the Consumer clearly agreed to other return method which does not entail any costs for the Customer. | |||||||||
| 12. | A Customer who is a Consumer does not have the right of withdrawal from the Sales Contract with regard to contracts, where the Product is an item delivered in sealed packaging and it cannot be returned due to health or sanitary reasons after the packaging has been opened. | |||||||||
| 13. | A Customer who is a Customer does not have the right of withdrawal from the Sales Contract with regard to contracts, the subject of which are audio or visual recordings, or computer software delivered in sealed packaging if the packaging has been opened after the delivery. | |||||||||
| § 10 Free services | ||||||||||
| 1. | The Seller provides the following free e-services to Customers: | |||||||||
| a) | Contact form; | |||||||||
| b) | Newsletter; | |||||||||
| c) | Tell a friend; | |||||||||
| d) | Customer Account Management; | |||||||||
| e) | Posting reviews | |||||||||
| 2. | The services indicated in §10.1 are provided 24 hours a day, 7 days a week. | |||||||||
| 3. | The Seller reserves the right to choose and change the type, form, time and method of providing access to some of the above listed services, and should inform the Customer about such changes in a manner applicable in the event of changing the Terms and Conditions. | |||||||||
| 4. | Under the “Contact form” service, the Customer may send a message to the Seller using the form available on the Online Store Website. | |||||||||
| 5. | It is possible to resign from the free “Contact form” service at any time by ceasing to send enquiries to the Seller. | |||||||||
| 6. | The “Newsletter” service is available to any Customer who has specified their email address using the registration form provided on the Online Store Website by the Seller. After sending a filled in registration form, the Customer immediately receives the Seller’s confirmation sent to the e-mail address provided in the registration form. This results in concluding the contract for the provision of the “Newsletter” service. | |||||||||
| The Customer may additionally select an appropriate field in the registration form during the Registration process in order to subscribe to the Newsletter. | ||||||||||
| 7. | The “Newsletter” service involves sending email messages regarding new products or services offered by the Seller to the provided email address. The Newsletter is sent by the Seller to all Customers who have made a subscription. | |||||||||
| 8. | Each Newsletter message sent to the subscribing Customers should particularly include: information about the sender, a filled in subject field specifying the message contents and information about the possibility and method of unsubscribing from the free Newsletter service. | |||||||||
| 9. | The Customer may resign from receiving the Newsletter at any time by unsubscribing from this service using a link provided in each email sent under the Newsletter service or by activating an appropriate field in the Customer Account settings. | |||||||||
| 10. | Under the free service “Tell a friend”, the Seller enables Customers to send an email regarding a Product of their choice to a friend. Before sending the message, the Customer specifies the Product to be recommended and then fills in the form via the “Tell a friend” function, providing their own email address and the email address of a friend to whom they want to recommended the chosen Product. The Customer cannot use this service for any purposes other than recommending a selected Product. The Customer does not receive any remuneration or other benefits for using this service. | |||||||||
| 11. | It is possible to resign from the free service “Tell a friend” at any time by no longer sending product recommendations to the Customer’s friends. | |||||||||
| 12. | The service “Customer Account Management” is available after completing the Registration process in accordance with the provisions of the Terms and Conditions and it involves providing the Customer with a dedicated panel on the Online Store Website, where the Customer can modify the data provided during the Registration process, track order status or see the order history. | |||||||||
| 13. | A Customer who has completed the Registration process may order the Seller to delete the Customer Account and the Seller is obliged to comply with this order within 14 days from the day of receiving the order to delete the Customer Account. | |||||||||
| 14. | Under the service “Posting reviews”, the Seller enables Customers having a Customer Account to post their individual, subjective opinions, particularly regarding the Products, on the Online Store Website. | |||||||||
| 15. | It is possible to resign from the service “Posting reviews” at any time no longer posting content on the Online Store Website. | |||||||||
| 16. | The Seller has the right to block the access to the Customer Account and free services in instances where the Customer acts to the detriment of the Seller or other Customers, violates the law or the provisions of the Terms and Conditions or in instances where blocking the access to the Customer Account and free services is justified by safety reasons, in particular breaching the security features of the Online Store Website by the Customer or other hacking activity. Blocking access to the Customer Account and free services due to the abovementioned reasons will continue for the period necessary to resolve the issue being the reason for blocking access to the Customer Account and free services. The Seller informs the Customer about blocking access to the Customer Account and free services via email sent to the address provided by the Customer in the registration form. | |||||||||
| § 11 The Customer’s liability for their posted content | ||||||||||
| 1. | By posting content and sharing it, the Customer voluntarily engages in content distribution. The posted content does not reflect the Seller’s views and should not be identified with his activity. The Seller is not a provider of content but only a provider of appropriate information and communication technology resources for this purpose. | |||||||||
| 2. | The Customer declares that: | |||||||||
| a) | they are entitled to use proprietary copyrights, industrial property rights and/or related rights to – respectively – the works, items subject to industrial property rights (e.g. trademarks, and/or items subject to related rights under the posted content; | |||||||||
| b) | the provision and sharing of personal data, image and information regarding third parties under the services mentioned in §10 of these Terms and Conditions was done legally, voluntarily and with the consent of the relevant persons; | |||||||||
| c) | they give consent for the posted content to be accessed by other Customers and the Seller, and grant the Seller the right to use it at no charge in accordance with the provisions with these Terms and Conditions; | |||||||||
| d) | they give consent for processing the works within the meaning of Act on Copyright and Related Rights. | |||||||||
| 3. | The Customer is not entitled to: | |||||||||
| a) | publish personal data of third parties or image of third parties without an authorisation required by the law or a consent of the relevant third party under their use of the services mentioned in §10 of these Terms and Conditions. | |||||||||
| b) | publish advertising and/or promotional content under their use of the services mentioned in §10 of these Terms and Conditions. | |||||||||
| 4. | The Seller is liable for the content posted by the Customers in instances where he receives a notification described in §12 of these Terms and Conditions. | |||||||||
| 5. | Under their use of the services mentioned in §10 of these Terms and Conditions, the Customers must not post content that could in particular: | |||||||||
| a) | be posted with malicious intent, e.g. to infringe personal rights of third parties; | |||||||||
| b) | infringe any rights of third parties, including the rights associated with the protection of copyrights and related rights, protection of industrial property rights, business secrets or related to confidentiality obligations; | |||||||||
| c) | be insulting or constitute a threat addressed to other parties, or contain wording that would violate commonly acknowledged rules of conduct (e.g. by using vulgar words or words commonly regarded as offensive); | |||||||||
| d) | act against the interest of the Seller; | |||||||||
| e) | in any other way violate the provisions of these Terms and Conditions, commonly acknowledged rules of conduct, the provisions of law or social norms. | |||||||||
| 6. | If the Seller receives a notification described in §12 of these Terms and Conditions, he reserves the right to modify or remove the content posted by the Customer under their use of the services mentioned in §10 of these Terms and Conditions, particularly with regard to content that has been deemed as violating these Terms and Conditions or the existing provisions of law based on information provided by third parties or appropriate bodies. The Seller does not examine the posted content on a regular basis. | |||||||||
| 7. | The Customer gives consent for the content posted by them on the Online Store Website to be used at no charge by the Seller. | |||||||||
| § 12 Reporting infringement of rights | ||||||||||
| 1. | If the Customer or other person or subject believes that the content published on the Online Store Website infringes their rights, personal rights, commonly acknowledged rules of conduct, feelings, morality, beliefs, rules of fair competition, know-how, secrets protected by the law or under a certain obligation, they may inform the Seller about a possible infringement. | |||||||||
| 2. | After receiving information about a possible infringement, the Seller immediately takes measures in order to remove the infringing content from the Online Store Website. | |||||||||
| § 13 Protection of personal data | ||||||||||
| 1. | The Seller is the controller of personal data of the Customers provided by them voluntarily to the Seller upon placing a single-time order or under the provision of e-services by the Seller or other circumstances specified in these Terms and Conditions. | |||||||||
| 2. | The Seller processes personal data of the Customers for the purpose of order completion, provision of e-services and for other purposes specified in the Terms and Conditions. The data are processed only in accordance with the provisions of law or the consent given by the Customer according to the existing provisions of law. | |||||||||
| 3. | The Seller notifies the Inspector General for Personal Data Protection about the personal data file consisting of data submitted to the Seller. | |||||||||
| 4. | The Customer makes a voluntary decision to submit their own personal data to the Seller, provided, however, that non-submission of the data specified in the Terms and Conditions makes it impossible to place and complete the Customer’s order if the order is placed without registering the Customer Account. | |||||||||
| 5. | Any person who submits their personal data to the Seller has the right to access this data, correct it, to demand their removal or, in instances stipulated by the provisions of law, demand to cease processing their personal data. | |||||||||
| 6. | The Seller guarantees the possibility to remove personal data from the managed data file, especially in instances where the Customer Account is removed. The Seller may refuse to remove personal data if the Customer has not made all payments due to the Seller or has violated any existing provisions of law, and keeping the personal data is necessary to explain the circumstances and determine the liability of the Customer. | |||||||||
| 7. | The Seller protects the submitted personal data and makes every effort in order to secure it against unauthorized access or use. | |||||||||
| 8. | The Seller transfers the Customer’s personal data to the Carrier within the scope necessary for the Delivery. | |||||||||
| 9. | If the Customer selects to make the payment via the PayU system, their personal data is transferred within the scope necessary for payment processing to PayU S.A. with its registered office in Poznań (60-166), ul. Grunwaldzka 182, entered into the Register of Entrepreneurs kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS No.: 0000274399. | |||||||||
| 10. | If the Customer selects to make the payment via the BlueMedia system, their personal data is transferred within the scope necessary for payment processing to Blue Media S.A. with its registered office in Sopot (81-718 Sopot, ul. Powstańców Warszawy 6), entered into the Register of Entrepreneurs kept by the District Court of Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under the KRS No.: 0000320590. | |||||||||
| § 14 Termination of the contract (does not apply to Sales Contracts) | ||||||||||
| 1. | Both the Customer and the Seller may terminate the contract for the provision of e-services at any time and without stating reasons, subject to the preservation of rights acquired by the other party before the termination of the above-mentioned contract and the provisions below. | |||||||||
| 2. | If the Customer has completed the Registration process, they terminate the contract for the provision of e-services by sending an appropriate statement of will to the Seller using any means of long distance communication enabling the Seller to read it. | |||||||||
| 3. | The Seller terminates the contract for the provision of e-services by sending an appropriate statement of will to the email address provided by the Customer during the Registration process. | |||||||||
| § 15 Final provisions | ||||||||||
| 1. | The Seller is liable for non-performance or improper performance of the contract, however in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only for deliberate damage and within the limits of losses actually suffered by the Customer who is an Entrepreneur. | |||||||||
| 2. | The contents of these Terms and Conditions may be recorded by printing, copying to a storage device or downloading a file from the Online Store Website at any time. | |||||||||
| 3. | In the event of a dispute regarding the concluded Sales Contract, the parties will seek to resolve it amicably. With respect to any disputes arising under these Terms and Conditions, the law of the Republic of Poland shall respectively apply. | |||||||||
| 4. | The Seller informs the Customer who is a Consumer about the possibility to use out-of-court methods of handling complaints and pursuing claims. The provisions regulating access to these procedures are available in the offices or websites of the entities entitled to provide out-of-court dispute resolution methods. They are in particular consumer advocates or Voivodeship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at the following address: http://www.uokik.gov.pl/spory_konsumenckie.php. The Seller informs that the online platform for out-of-court dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at the address: http://ec.europa.eu/consumers/odr/ | |||||||||
| 5. | The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller prior to the entry of the new Terms and Conditions into force shall be performed according to the Terms and Conditions in force at the date of placing the order by the Customer. A change made in the Terms and Conditions in shall enter into force within seven days from the day of its publication on the Online Store Website. The Seller will inform the Customer about the change in the Terms and Conditions seven days before the entry of the new Terms and Conditions into force via email, also including a link to the amended Terms and Conditions. If the Customer does not accept the new Terms and Conditions, they are obliged to notify the Seller about this fact, which will result in the termination of the contract in accordance with the provisions of §14 of the Terms and Conditions. | |||||||||
| 6. | The Terms and Conditions shall come into force on 10.01.2017. | |||||||||
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