Established on 28-10-2017 by the entrepreneur INSTYTUT ADAMOWICZ Anna Adamowicz defines the rules related to shopping in the online store available at https://instytutadamowicz.pl/sklep/
For the sake of greater transparency, the Terms of Sale have been divided into 3 functional sections:
General terms and conditions of sale
Terms and conditions of sale applicable in the Store, in particular information about the rules of ordering and performance of the contract, information about available forms of payment and delivery, as well as about the methods of complaint and resignation from purchases by withdrawing from the contract.
Regulations for the provision of services by electronic means
The rules of the Store’s operation, in particular information about the conditions of using the virtual basket and the form used for placing orders, as well as specification of technical conditions that should be met by the Internet browser and the user’s computer.
Information about your privacy, and in particular what information is stored on your device and about anonymous statistics collected to better understand your needs and optimise the Store.
The Store staff provides comprehensive information in Polish regarding the features of goods available in the Store and issues related to the Terms of Sale. The service is available by phone at +48606859643 from 08-22 on working days, as well as via e-mail at firstname.lastname@example.org, to which the service responds within 72 hours.
General terms and conditions of sale
Seller: entrepreneur operating under the company of INSTYTUT ADAMOWICZ Anna Adamowicz and using Regon number: 145924358 and NIP number: 8392782029, entered in the Central Register and Information on Business Activity of the Republic of Poland kept by the Minister of Economy;
Seller’s registered office: 4/323 Banderia Street, 01-164 Warsaw;
Correspondence address of the Seller: ul. Banderii 4/323, 01-164 Warsaw;
Ordering Party: a person placing an Order in the Store and a party to the Sales Agreement in case of its conclusion with the Seller;
Shop: Internet service available at https://instytutadamowicz.pl/sklep/, through which the Seller provides services specified in the Regulations for the provision of services by electronic means in order to lead to the conclusion of a Sales Agreement;
Order: approval of the order form available in the Store, in which an interactive button or approval link is marked with the words “order with payment obligation” or any other equivalent unambiguous wording;
Consumer : Ordering party who is a consumer as defined in the relevant legislation;
Sales agreement: a sales agreement concluded at a distance between the Seller and the Ordering Party with respect to the items indicated in the Order and under the terms and conditions set out in these General Terms and Conditions of Sale.
CONCLUSION OF A SALES CONTRACT
Information presented in the Store, in particular regarding prices, constitutes an invitation to conclude a sales contract and is not an offer to sell.
In order to purchase items presented in the Shop you need to place an Order.
In addition to the type and number of items and the choice of method of payment and delivery, the Order must include the following information
: a) names and forenames, b
) telephone number
(c) e-mail address
) shipping address
Data entered into the Order by the Ordering Party must be up to date and truthful. The principles of personal data protection provided by the Contracting Authority are specified in chapter 7. Protection of personal data.
The Seller does not provide mechanisms for verifying the correctness of data entered by the Ordering Party, except for mechanisms verifying their completeness. The Ordering Party may at any time correct its errors while entering data into the Order.
The Seller receives information about Orders placed via the Store on working days between 08-22.
Conclusion of the Sales Agreement takes place upon confirmation by the Seller of the acceptance of the Order for execution, which is binding for the Ordering Party if it took place immediately after receipt of the Order. Confirmation of acceptance of the Order for execution is sent by the Seller by e-mail to the Ordering Party’s address given in the Order.
Upon conclusion of the Sales Agreement, the Seller undertakes to transfer ownership of the goods to the Purchaser and hand them over to the Purchaser, while the Purchaser undertakes to collect the goods and pay the Seller the price of the Order.
The total price of the Order shall be binding for the parties to the Sales Agreement and shall be presented to the Principal after he chooses the method of payment and delivery before placing the Order, payable as specified in chapter 3. Payment terms.
The Seller shall carry out the Orders within and outside the territory of Poland. Information about available delivery methods, delivery dates and their costs are presented before placing an Order as specified in chapter 4. Delivery terms and conditions.
The subject of the Sales Agreement are new items which the Seller is obliged to deliver without defects. Complaints, if any, may be submitted in the manner and within the time limit specified in chapter 5. Complaints.
Consumers may cancel their purchases and withdraw from the Sales Agreement without giving any reason in the manner and within the period specified in chapter 6. Withdrawal from the contract. In the case of withdrawal from the contract shall be deemed not concluded, and if the Consumer makes a declaration of withdrawal from the contract before the Seller accepts his offer, the offer ceases to be binding.
THE PAYMENT TERMS
For the performance of the Sales Agreement, the Ordering Party is obliged to pay the Seller the total price of the Order, which consists of the gross prices of the ordered items and the cost of their delivery in force in the Store at the time of placing the Order.
Gross prices are expressed in Polish zlotys and include all applicable taxes, including VAT.
The Seller provides the following forms of payment in the Store:
a) for downloads,
b) other forms of payment
(e.g. PayPal, Google Wallet)
Before placing an Order, the Ordering Party shall be informed what forms of payment are available due to the nature and value of the ordered items.
Payment of the price of the Order is made in the form chosen before placing the Order.
The payment term results from the form of payment chosen by the Ordering Party. In addition to cash on delivery, payment shall be made after the conclusion of the Sales Agreement and before delivery and handover of the goods.
THE DELIVERY TERMS
Due to the performance of the Sales Agreement, the Seller shall be obliged to deliver the goods subject to this agreement to the address indicated in the Purchase Order, and the Ordering Party shall be obliged to collect the goods.
The Seller is obliged to deliver the goods immediately after the conclusion of the Sales Agreement, but not later than within 7 days, unless the parties to the Sales Agreement have made another individual agreement in this respect.
Delivery date, readiness for shipment or other dates presented in the Store for ordered items are indicative dates and do not bind the Seller.
The Seller shall carry out the Orders in the order in which they are received.
The Seller provides the following forms of delivery in the Store:
a) delivery to the recipient’s address
b) personal collection from the seller
c) online availability
Before placing the Order, the Ordering Party shall be informed what forms of delivery are available due to the nature and value of the ordered items and about their costs.
The Ordering Party has the right to check the condition of the shipment after its delivery to the place indicated in the order and before its collection from the carrier.
The seller is liable to the purchaser if the item sold has a physical or legal defect (warranty).
In the event of a defect, the Customer may take advantage of the warranty and lodge a complaint or take advantage of the guarantee in accordance with the guarantee agreement.
A complaint should be submitted in writing to the Seller’s mailing address and should include at least the Buyer’s name, surname, postal address, e-mail address, telephone number, and in the case of legal persons, the name, registered office address and contact details of the person authorised to handle matters related to the complaint and a description of the defect being the basis for the complaint.
The Seller will consider the complaint immediately, however, not later than within 14 days from its receipt and will notify the complainant of the result of the complaint in writing or by e-mail to the e-mail address given in the complaint.
The Ordering Party who exercises warranty rights shall be obliged to deliver defective goods at the Seller’s expense to the Seller’s mailing address.
WITHDRAWAL FROM THE CONTRACT
The consumer may withdraw from the contract within 14 days without giving any reason and without incurring any costs.
The consumer may withdraw from the contract by submitting to the Seller a statement of withdrawal from the contract. The declaration may be made on a form, the specimen of which is provided by the Seller, but it is not obligatory. To meet the deadline it is sufficient to send a statement to the Seller’s mailing address before its expiry.
The withdrawal period begins with the taking possession of the goods by the consumer or a third party other than the carrier indicated by the consumer or, in the case of a contract which covers several items delivered separately, in lots or pieces, the taking possession of the last item, lot or piece.
The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivery of goods.
The seller shall reimburse the payment by the same means of payment as the consumer, unless the consumer has expressly agreed to another method of reimbursement which does not involve any costs to the consumer.
If the Seller has not offered to collect the item from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he has received the item back or until the Consumer has provided evidence of sending it back, whichever is the earlier.
If the consumer has chosen a delivery method other than the cheapest normal delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by him.
The consumer is obliged to return the item to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the day on which he withdrew from the Sales Agreement, unless the Seller has offered to collect the item himself. In order to meet the deadline it is sufficient to send the goods back before the expiry of the deadline.
The consumer only bears the direct cost of returning the goods. If, due to their nature, these items cannot normally be returned by post, the cost of returning the item to the Consumer shall be equal to the cost of delivering the item to the Consumer.
The consumer shall be liable for any diminished value of the item resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the item.
The consumer shall not have a right of withdrawal in respect of contracts:
(a) where the price or remuneration depends on fluctuations in the financial market over which the trader does not exercise control and which may occur before the expiry of the withdrawal period; (b) where the consideration is provided for an item which is not manufactured, manufactured to the consumer’s specifications or intended to meet his personalised needs; (c) where the consideration is provided for an item which is liable to deteriorate rapidly or has a short shelf life; (d) in which the goods are supplied in sealed packaging which, when the packaging is opened, cannot be returned for health or hygiene reasons if the packaging is opened after delivery; (e) in which the goods are inseparably combined with other goods after delivery; (f) where the consumer has expressly requested the trader to come to him for urgent repair or maintenance; where the trader provides services other than those for which the consumer has requested performance or delivers goods other than replacement parts necessary for the performance of the repair or maintenance, the right of withdrawal shall apply to the consumer in respect of the additional services or goods; (g) in which the subject of performance are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (h) for the delivery of newspapers, periodicals or magazines, with the exception of an agreement on subscription; (i) concluded by public auction; (j) for the delivery of digital content which is not recorded on a tangible medium, if performance began with the express consent of the Consumer before the expiry of the deadline for withdrawal and after the trader has informed him of the loss of the right to withdraw from the contract; (k) for the supply of accommodation other than for residential purposes, transport of goods, car rental, catering, leisure, entertainment, sporting or cultural events, where the contract specifies the date or period of the supply;
PROTECTION OF PERSONAL DATA
The Administrator of personal data processed in connection with the actions taken by the Ordering Party to conclude the Sales Agreement and in connection with its implementation, is the Seller.
Processing of personal data takes place in accordance with the principles specified in the Personal Data Protection Act.
The provision of personal data by the Ordering Party is voluntary, but necessary to place an Order and perform the Sales Agreement, and their processing takes place:
a) in order to conclude and perform the Sales Agreement,
b) for the purposes of direct marketing of the Seller’s products and services.
The legal basis for the processing of personal data in the case referred to in point (a) of the Act on Personal Data Protection and in the case referred to in point (b) of the Act on the Protection of Personal Data. 3 letter a) is the statutory authorisation to process data necessary to establish, shape the content, change or terminate the legal relationship between the Ordering Party and the Seller, as well as due to the nature of the Sales Agreement, and in the case referred to in point A) above, to process the data necessary to establish, shape, change or terminate the legal relationship between the Ordering Party and the Seller, as well as due to the nature of the Sales Agreement, and in the case referred to in point B) above; (b) the statutory authorisation to process personal data where this is necessary for the fulfilment of the legitimate purposes pursued by the controller.
Personal data collected by the Seller may be made available to:
a) relevant state authorities at their request on the basis of relevant legal regulations,
b) other persons and entities in cases provided for by legal regulations.
The scope of processed data includes in particular the following personal data:
a) surnames and forenames,
b) telephone number,
c) e-mail address.
d) address of residence or stay
e) address for dispatch
f) Tax Identification Number
g) date of birth
The Ordering Party may voluntarily provide its e-mail address in order to be used by the Seller for the purposes of marketing activities of the Seller, consisting mainly in sending the Ordering Party commercial information concerning the Seller’s products and services.
The Seller shall ensure appropriate technical and organisational measures to ensure the security of personal data made available by the Ordering Party, in particular preventing access to them by third parties or their processing in violation of the law, preventing loss of data, their damage or destruction.
The ordering party shall be entitled to do so: a) access to their personal data provided to the Seller, the right to supplement, correct and update the content of the data by way of communication with the Seller; b) request temporary or permanent suspension of the processing of personal data or their removal, if they would turn out to be incomplete, outdated, untrue or collected in violation of the law – for this purpose, please send a letter, registered mail, to the Seller’s mailing address; c) objection to the processing of their personal data and the right to demand their deletion if they become unnecessary for the purpose for which they were collected – for this purpose, please send a letter, registered letter, to the Seller’s mailing address.
Within a reasonable time after the conclusion of the Sales Agreement, but at the latest at the time of delivery of the goods, the Seller shall provide the Consumer with a confirmation of the conclusion of this agreement on a durable medium, which may in particular be an electronic message sent to the Consumer’s e-mail address provided by him in the Order.
The confirmation of the conclusion of the Sales Agreement referred to above contains at least information about:
a) main features of provision;
b) data identifying the Seller, in particular the company, the body which registered the business activity, as well as the number under which it was registered;
c) the address of the Seller, electronic mail address and telephone numbers under which the Consumer can quickly and effectively contact the Seller;
d) address at which the Consumer may lodge complaints;
e) total price of the Order together with taxes and fees for transport;
f) method and time limit for payment;
g) method and time limit for performance by the Seller and the complaint handling procedure applied by the Seller;
h) method and time limit for exercising the right to withdraw from the contract without giving any reason, as well as adum withdrawal form;
i) the cost of returning the goods in the event of withdrawal, which is to be borne by the consumer if, by their nature,
they cannot normally be returned by post;
(j) the absence of a right of withdrawal under the rules and circumstances in which the consumer loses the right of withdrawal;
(k) the trader’s obligation to deliver the goods without defects;
(l) the existence and content of guarantees and after-sales services and the manner in which they are provided;
m) the code of good practices to which the Seller has voluntarily committed to apply and the manner of becoming familiar with it;
n) functionalities of digital content and technical measures to protect it;
o) relevant interoperability of digital content with computer hardware and programming of which the trader is or should have been aware;
p) the possibility of using out-of-court complaint handling and redress procedures and the rules of access to these procedures.
The Seller applies the Code of Good Practice in eCommerce Fair Play, the content of which is available at http://safebuy.pl/ecommerce-fair-play.
In the event of a dispute with the Seller, the Consumer has the opportunity to use out-of-court means of complaint handling and claiming claims. The consumer may, inter alia:
a) apply to the permanent amicable consumer court operating at the Commercial Inspectorate for settlement of a dispute arising from the concluded Sales Agreement, b) apply to the provincial inspector of the Commercial Inspectorate for initiation of mediation proceedings for amicable settlement of a dispute with the Seller,
c) obtain free assistance in resolving a dispute using the free assistance of a poviat or municipal consumer ombudsman or a social organisation whose statutory tasks include consumer protection, such as the Federation of Consumers or the Polish Consumers’ Association,
d) file their complaint via the EU ODR internet platform, available at the address: http://ec.europa.eu/consumers/odr/.
Any disputes arising between the Seller and the Buyer who is not also a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
The contract of sale is concluded in accordance with Polish law and in Polish language.
Regulations for the provision of services by electronic means
Pursuant to Article 8, paragraph 1, point 1 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), the service provider INSTITUTE ADAMOWICZ Anna Adamowicz hereby establishes the regulations for the provision of electronic services available in the Store (hereinafter referred to as the “Regulations”), which defines in particular: a) the types and scope of services provided by electronic means; b) the conditions for the provision of electronic services; c) the conditions for conclusion and termination of contracts for the provision of electronic services; d) procedure for complaints concerning the provision of services by electronic means; e) protection of personal data; f) protection of intellectual property rights; g) liability of the parties.
For the purposes of these regulations, the terms contained below will have the following meanings: a) Service Provider – entrepreneur operating under the business name INSTITUTE ADAMOWICZ Anna Adamowicz and using the Regon number: 145924358 and NIP number: 8392782029, entered in the Central Register and Information on Business Activity of the Republic of Poland kept by the Minister of Economy, with its registered office at ul. Banderii 4/323, 01-164 Warsaw and the correspondence address at ul. Banderii 4/323, 01-164 Warsaw; b) Service Recipient – anyone who uses the services or in any other lawful manner uses the Site made available by the Service Provider; c) Site – a system of websites made available at the Internet address https://instytutadamowicz.d)
Services – services provided by electronic means, i.e. without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the Customer, transmitted and received by means of devices for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or transmitted by means of a telecommunications network within the meaning of the Act of 16 July 2004. Telecommunications law;
and scope of services provided by electronic means
The Service Provider provides Services within the Service in order to lead to the conclusion of a Sales Agreement, and in particular the
following Services: a) information services, b) communication services, c) sales organisation services.
Information services consist in making available, at the Customer’s individual request, information placed on the website by displaying a page with a specific URL address.
Communication services consist in enabling, at the individual request of the Service Recipient, communication with the relevant department or contact persons of the Service Provider.
Sales organisation services consist in enabling the Customer to place orders and conclude a distance sales contract. In particular, as part of this service, the Service Provider provides a virtual basket mechanism and an order form with a button clearly marked “order with an obligation to pay”, as well as a registration service on the Website.
Conditions for the
provision of services by electronic means
Technical requirements for using the service: a) connection to the Internet, b) electronic means of communication enabling the display of hypertext documents in HTML 5 and CSS 3 standard, connected in the Internet through HTTP network service with Java Script support and support for cookies and a monitor with a resolution of at least 1024×768.
It is forbidden for the Client to provide illegal content or to take any action that could cause disruption or damage to the website.
The recipient may use the services anonymously or with the use of a pseudonym, unless the nature of the service requires the provision of specific personal data.
The services specified in § 3 of these Regulations are provided free of charge.
concluding and terminating contracts for provision of services by electronic means
The contract for the provision of electronic services referred to in these Regulations shall be concluded by the commencement of use of a given service by the Customer. The use of a given service by the Service Recipient shall be in accordance with the rules set out in these Regulations.
The recipient may terminate the use of the selected service at any time. If the Client leaves the website, the contract for the provision of electronic services, noncontinuous services, and in particular those referred to in § 3.1(a) and (b), shall be terminated automatically without the need to submit additional declarations by the parties. In other cases, a declaration of intent is sufficient to terminate the contract. The legal consequences of the termination of the service shall be determined by the mandatory provisions of the law applicable to the legal nature of the service provided and the factual circumstances.
Complaint procedure for the provision of electronic services
Customers have the right to lodge complaints about services.
Complaints should be submitted in writing, by registered letter to the correspondence address of the Service Provider.
A properly submitted complaint should contain at least the following data: a) the Customer’s identification (including his name and surname, postal address, e-mail address, telephone number, and in the case of legal persons – the name, registered office address and contact details of the person authorised to handle matters related to the complaint); b) a detailed description of the problem giving rise to the complaint.
Service Provider will consider complaints within 14 days of receiving them.
The Service Provider shall immediately notify the complainant of the outcome of the complaint in writing or by e-mail to the e-mail address provided in the complaint.
Personal data protection
The personal data of the Service Recipients is administered by the Service Provider.
Processing of personal data takes place in accordance with the principles specified in the Personal Data Protection Act, the Act on rendering services by electronic means and the provisions of the Regulations.
The provision of personal data is voluntary, but necessary for the provision of electronic services in the scope of service sales organisation, and their processing takes place: a) in order to provide the service, b) for the purposes of direct marketing of products and services of the Service Provider.
The legal basis for the processing of personal data in the case referred to in paragraph 3(a) shall be the statutory authorisation to process data necessary to establish, formulate, amend or terminate the legal relationship between the Service Provider and the Service Recipient, as well as with regard to the nature of the services provided by the service provider or the method of their settlement, and in the case referred to in paragraph 3(b), the statutory authorisation to process personal data where this is necessary to fulfil the legitimate purposes pursued by the data controller.
Personal data collected by the Service Provider may also be made available to: a) relevant state authorities at their request on the basis of relevant provisions of law, b) other persons and entities in cases provided for by law.
The scope of processed data includes in particular the following personal data of the Service Recipient: a) surnames and forenames, telephone number, e-mail address, address of residence or stay, address for dispatch, b) Tax Identification Number, date of birth
The Service Recipient may voluntarily provide his e-mail address also for the purpose of its use by the Service Provider for the purpose of marketing activities of the Service Provider, consisting mainly in sending commercial information to the Service Recipients concerning the Service Provider’s products and services.
The Service Provider shall ensure appropriate technical and organisational measures to ensure the security of personal data made available by the Clients, in particular preventing access to them by third parties or their processing in violation of the law, preventing loss of data, their damage or destruction.
Customers have the right to do so: a) access to their personal data provided in order to use services provided electronically by the Service Provider, the right to complete, correct and update the content of data by way of communication with the Service Provider; b) request temporary or permanent suspension of the processing of personal data or their deletion, if they would turn out to be incomplete, outdated, untrue or collected in violation of the law, for this purpose a letter, registered letter, registered letter, to the correspondence address of the Service Provider should be sent; c) objection to the processing of their personal data and the right to demand their deletion if they become unnecessary for the purpose for which they were collected – for this purpose, a letter should be sent, by registered mail, to the correspondence address of the Service Provider.
After the end of continuous use of the services by the Service Recipient, the Service Provider will not process the personal data listed in section 6, except for those data which are: allowed to be processed on the basis of law or contract, necessary to clarify the circumstances of unauthorised use of the services. In such a case, the Service Provider shall remove all designations identifying the Service Recipient and the termination of the telecommunications network and IT system used by the Service Recipient (anonymisation of data), unless the Service Recipient consents not to the removal of these designations.
intellectual property rights
The Service Provider declares that in connection with the provision of services it makes available to the Service Recipient content protected by intellectual property law, in particular works protected by copyright and materials bearing trade marks.
The Customer is obliged to comply with the provisions of intellectual property law. In particular, any copying, introduction of changes, as well as public reproduction of the provided content without the written consent of the Service Provider is prohibited, unless it results from separate agreements or mandatory provisions of law.
In matters not regulated in the Regulations, the provisions of Polish law, including the Civil Code Act and the Act on the declaration of services by electronic means, shall apply accordingly.
These Terms and Conditions are made available free of charge via the website, which provides Service Providers with an opportunity to get acquainted with its content before concluding a contract for the provision of services. The regulations are made available in a form which enables their downloading, recording, saving and printing.