Regulations of the Online Store - www.skarpawarszawska.pl
I. General Provisions
1. These Regulations define the general conditions, the manner of providing Services electronically and sales conducted via the Online Store www.skarpawarszawska.pl. The store is run by the SKARPA WARSZAWSKA PUBLISHING AND ADVERTISING AGENCY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw, at the address Borowskiego 2. lok 24, 03-475 Warsaw, registered by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, KRS 0000407170, NIP 5222993435, REGON 145946880, with a share capital of PLN 100,000.00, hereinafter referred to as the Seller.
2. Contact with the Seller takes place through:
a. e-mail address: firstname.lastname@example.org;
b. by telephone: +48 (22)4161581;
c. the contact form available on the Online Store website.
3. These Regulations are continuously available on the website www.skarpawarszawska.pl, in a way that enables its acquisition, reproduction and recording of its content by printing or saving it on a carrier at any time.
4. The Seller informs that the use of Services provided electronically may involve a threat on the part of every Internet user, consisting in the possibility of introducing malware into the Customer's ICT system and obtaining and modifying its data by unauthorized persons. In order to avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and a firewall.
The terms used in the Regulations mean:
1. Business days - these are days from Monday to Friday, excluding public holidays;
2. Customer - a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, who places Orders within the Online Store or uses other Services available in the Online Store;
3. Civil Code - Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
4. Account - a part of the Online Store assigned to a given Customer, through which the Customer can perform specific activities within the Online Store;
5. Consumer - a customer who is a consumer within the meaning of art. 22 of the Civil Code;
6. Entrepreneur - a customer who is an entrepreneur within the meaning of art. 43 of the Civil Code;
7. Regulations - this document;
8. Paper editions - Goods presented to the Store in the form of a paper publication, the description of which is available with each of the presented products;
9. Digital content - type of Goods, presented in the Store in the form of publications of data generated and delivered in digital form, not fixed on a tangible medium, the description of which is available with each of the presented products
10. Goods - a product presented in the Online Store, the description of which is available next to each of the presented products;
11. Sales Agreement - A contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
12. Contract for the supply of digital content - a contract for the supply of digital content, within the meaning of the Act on consumer rights, concluded between the Seller and the Customer on the terms set out in these Regulations, consisting in granting access to digital content not saved on a tangible medium;
13. Services - services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
14. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
15. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
16. Order - Customer's declaration of will, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and number of Goods.
III. Rules for using the Online Store
1. Using the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
a. a computer or mobile device with Internet access,
b. access to e-mail,
c. Microsoft Edge web browser version 42.x or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera version 50 or newer, Safari version 10.x. or newer,
2. Using the Online Store means any activity of the Customer, which leads to his familiarization with the content contained in the Store.
3. The customer is obliged in particular to:
a. not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
b. use the Online Store in a way that does not interfere with its functioning, in particular by using specific software or devices,
c. not taking actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
d. use the Online Store in a way that is not inconvenient for other Customers and for the Seller,
e. use any content posted as part of the Online Store only for personal use,
f. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.
1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
2. The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form available on one of the pages of the Online Store. The contract for the provision of the Service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account.
3. The customer has the option of sending messages to the Seller using the contact form. The contract for the provision of the Service consisting in providing an interactive form enabling Customers to contact the Seller is concluded for a definite period of time and terminates when the Customer sends a message.
4. The Seller has the right to organize occasional competitions and promotions, the conditions of which will be each time provided on the Store's website. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
5. In the event of a breach by the Customer of the provisions of these Regulations, the Seller, after a prior ineffective request to cease or remove the violations, with an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
V. Agreement for the delivery of Digital Content
1. All Digital Content available in the Online Store is protected by copyright, including proprietary copyrights vested in the Seller, and has been legally introduced to the Polish market.
2. All Digital Content available in the Online Store are works within the meaning of the Act on Copyright and Related Rights, are protected by copyright and have been legally introduced to the Polish market.
3. The Seller declares that, depending on the Digital Content available in the Store, he has the right to grant a license or further license to use the Digital Content, on the terms in accordance with the Act on Copyright and Related Rights.
4. The Seller provides the Digital Content immediately after the Seller receives information from the settlement agent's system about the payment.
5. Digital content available in the form of a subscription is made available to the Customer on dates consistent with the publishing schedule, and in the case of current or archival editions - immediately after paying for the Order.
6. For the conclusion of the Agreement for the supply of Digital Content, points. VI subpoints 4-8 of the Regulations.
7. The contract for the supply of Digital Content is concluded in Polish with the content in accordance with the Regulations.
8. The contract for the supply of Digital Content is concluded for a definite period of time and terminates upon sending the Customer a message with a hyperlink enabling downloading of the Digital Content.
9. For the purposes of these Regulations, the License is both a license and a further license (sublicense) within the meaning of the Act on Copyright and Related Rights.
10. As part of the conclusion of the Agreement for the supply of Digital Content, the Seller grants the Customer a free-of-charge and non-exclusive License to use the Digital Content for an indefinite period (hereinafter referred to as the "Subject of License"). The Seller grants the Customer a License to use the Subject of the License in the following fields of use :
a. entering into the memory of the Customer's computer;
b. use in any form only for the Customer's own needs.
11. The Customer is not entitled to sublicense the Licenses granted in accordance with this section of the Regulations.
VI. The procedure for concluding a Sales Agreement
1. Information about the Goods provided on the Store's website, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.
2. All Goods available in the Online Store are brand new and have been legally introduced to the Polish market.
3. The condition for placing an Order is to have an active e-mail account.
4. In the case of placing an Order via the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods being the subject of the Order. An offer submitted in electronic form is binding for the Customer if the Seller sends a confirmation of acceptance of the Order to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, a Sales Agreement is concluded.
5. Placing an Order in the Online Store via telephone or by sending an e-mail takes place on Business Days and hours indicated on the Online Store website. For this purpose, the Customer should:
a. provide during a telephone conversation or in the content of an e-mail addressed to the Seller the name of the Good from among the Goods available on the Store's website and its quantity,
b. indicate the method of delivery and form of payment from among the methods of delivery and payment listed on the Store's website,
c. provide the data needed to complete the Order, in particular: name and surname, place of residence and e-mail address.
6. Information on the total value of the Order referred to in the point above is provided each time by the Seller orally after completing the entire Order or by informing by e-mail together with information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, at this moment the Sales Agreement is concluded.
7. In the case of a Customer who is a Consumer, the Seller, each time after placing an Order via telephone or e-mail, sends the Customer a confirmation of the terms of the placed Order.
8. The Agreement is concluded when the Customer who is a Consumer sends (in response to the confirmation of the terms of the Order sent by the Seller) an electronic message to the Seller's e-mail address, in which the Customer: accepts the content of the sent Order and agrees to its implementation and accepts the content of the Regulations and confirms having read the instruction on withdrawal from the Agreement.
9. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer's e-mail address or in writing to the address provided by the Customer.
10. The sales contract is concluded in Polish, with the content in accordance with the Regulations.
1. The delivery of the Goods is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer when placing the Order.
2. The Customer may choose the following forms of delivery of the ordered Goods:
a. via a courier company;
b. via the postal operator;
c. delivered to a Parcel Locker;
d. personal collection at the Seller's personal collection point.
3. On the Store's website, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as about the amount of fees for the delivery of the Goods.
Orders are processed within 1-2 working days, the maximum order processing time is 5 working days.
4. The date of delivery of Paper editions is in accordance with the subscription start date specified by the Customer and the publishing schedule of the title.
5. The date of delivery and execution of the Order is counted in Working Days in accordance with point VII point 2.
6. The Seller provides the Customer with a proof of purchase.
7. If a different delivery period is provided for the Goods covered by the Order, the longest period from among those provided applies to the entire Order.
VIII. Prices and Payment Methods
1. The prices of the Goods are given in Polish zlotys and include all components, including VAT, customs duties and other fees.
2. The customer can choose the following payment methods:
a. bank transfer to the Seller's bank account (in this case, the implementation of the Order will start after the Seller sends the Customer confirmation of the Order, and the shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
b. electronic payment (in this case, the implementation of the Order will start after the Seller sends the Customer confirmation of the Order and after the Seller receives information from the settlement agent's system about the Customer's payment, and the shipment will be made immediately after completing the Order).
3. On the Store's website, the Seller informs the Customer about the date within which he is obliged to make the payment for the Order. In the absence of payment by the Customer within the period referred to in the previous sentence, the Seller, after a prior ineffective request for payment with an appropriate deadline, may withdraw from the Agreement pursuant to art. 491 of the Civil Code.
IX. Right to withdraw from the Agreement
1. The Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting a relevant statement within 14 days. To meet this deadline, it is enough to send a statement before its expiry.
2. The customer may formulate a statement on his own or use the model statement provided by the Seller on the Store's website.
3. The 14-day period is counted from the date on which the Goods were delivered or, in the case of a Service Agreement, from the date of its conclusion.
4. Upon receipt of the Consumer's declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from the Agreement to the Consumer's e-mail address.
5. The right to withdraw from the Agreement by the Consumer is excluded in the case of:
a. provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement;
b. Agreements in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawing from the Agreement;
c. An agreement in which the subject of the service is a non-prefabricated Good, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
d. Agreements in which the subject of the service is Goods that deteriorate quickly or have a short shelf life;
e. An agreement in which the subject of the service is Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
f. Agreements in which the subject of the service are products that, after delivery, due to their nature, are inseparably connected with other items;
g. An agreement in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control;
h. An agreement in which the Consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to additional services or Goods;
i. Agreements in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement;
j. An agreement concluded by way of a public auction;
k. Contracts for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
l. Agreements for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline for withdrawing from the Agreement and after informing him by the Seller about the loss of the right to withdraw from the Agreement.
6. In the event of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded. What the parties have provided is returned unchanged, unless the change was necessary to determine the nature, characteristics and functionality of the Goods. The return should take place immediately, not later than within 14 days. The purchased Goods should be returned to the Seller's address.
7. The Seller shall promptly, but not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller returns the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not involve any cost for the Consumer. The Seller may withhold the reimbursement of payments received from the Customer until the item is returned or the Customer provides proof of its return, depending on which event occurs first, unless the Seller has offered to collect the item from the Customer himself.
8. If the Consumer has chosen a method of delivering the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
9. The Customer bears only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
X. Complaints regarding the Goods under warranty
1. The Seller undertakes to deliver the Goods without defects.
2. The Seller is liable to the Customer who is a Consumer under the warranty for defects on the terms set out in art. 556 - 576 of the Civil Code.
3. Complaints arising from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent to the following address: AGENCJA WYDAWNICZO - REKLAMOWA SKARPA WARSZAWSKA SPÓŁKA Z LIMITED ODPOWIEDZIALNOŚCIĄ, ul. Borowskiego 2/24, 03-475 Warsaw, to the e-mail address: email@example.com, telephone number +48 (22) 4161581.
4. In order to consider the complaint, the Customer should send or deliver the complained Goods, if possible, attaching the proof of purchase to it. The goods should be delivered or sent to the address indicated in point 3.
5. The Seller undertakes to consider each complaint within 14 days.
6. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary immediately, but not later than within 7 days from the date of receipt of the request by the Customer.
XI. Complaints regarding the provision of electronic services
1. The Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints can be submitted in writing to the following address: AGENCJA WYDAWNICZO - REKLAMOWA SKARPA WARSZAWSKA SPÓŁKA Z LIMITED ODPOWIEDZIALNOŚCIĄ, ul. Borowskiego 2/24, 03-475 Warsaw, to the e-mail address: firstname.lastname@example.org, telephone number +48 (22) 4161581.
2. In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
3. The Seller undertakes to consider each complaint within 14 days, and if it was not possible, to inform the Customer within this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Customer.
1. The goods may have a manufacturer's or Seller's warranty.
2. In the case of Goods covered by the guarantee, information on the existence and content of the guarantee and the time for which it was granted is each time presented in the description of the Good on the Store's website.
XIII. Out-of-court methods of settling complaints and pursuing claims
1. The Customer who is a Consumer has e.g. the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
a. is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement;
b. is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
c. may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at the email address: email@example.com;
d. submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XIV. Personal data protection
XV. Final Provisions
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Online Store website, as well as forms and logos belong to the Seller, and they may only be used in the manner specified and in accordance with the Regulations.
2. The provisions regarding the Consumer contained in these Regulations, regarding withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting from in particular, from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Provisions on out-of-court methods of settling complaints and pursuing claims shall not apply.
3. Settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
4. Settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court competent for the seat of the Seller.
5. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
6. Each Customer will be informed about any changes to these Regulations through information on the home page of the Online Store containing a list of changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address indicated by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer with a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact within 14 days from the date of notification of the change in the Regulations. Notifying the Seller of the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.