- Bookshop by Museum online store, available at www.bookshop-oswiecim.pl, is run by Timur Edries, Bartosz Strzelec and Michał Postupalski who conduct business activities in a form of a civil low partnership: Catering-Express s.c. B. Strzelec, T. Edries, M. Postupalski, entered into the Central Registration and Information on Business (CEIDG) kept by the minister responsible for economy, NIP (Tax Identification Number) 5492440172, REGON (National Business Registry Number) 360414145
- These Terms and Conditions are addressed at both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store and the rules and procedures for concluding Distance Sales Agreements with the Customer via the Store.
- Consumer – a natural person concluding an agreement with the Seller within the framework of the Store, the subject of which is not directly related to their business or professional activity.
- Seller – Catering-Express s.c. B.Strzelec, T.Edries, M.Postupalski, entered into the Central Registration and Information on Business (CEIDG) kept by the minister responsible for economy, NIP (Tax Identification Number) 5492440172, REGON (National Business Registry Number) 360414145
- Customer – any entity making purchase via the Store.
- Entrepreneur – a natural person, a legal person and an organisational unit that is not a legal person, which is granted legal capacity under a separate act, performing in their own name a business activity which makes use of the Store.
- Store – an online store run by the Seller at the web address www.boookshop-oswiecim.pl
- Distance Agreement – an agreement concluded with the Customer as part of an organised distance agreement system (within the scope of the Store), without simultaneous physical presence of parties, with the sole use of one or more means of distance communication up to and including the moment of Agreement conclusion.
- Terms and Conditions – these Terms and Conditions of the Store.
- Order – Customer’s declaration of intent submitted with the use of Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
- Account – Customer’s account in the Store, which contains data provided by the Customer and information about orders placed by the Customer in the Store.
- Registration Form – a form available in the Store that enables the creation of the account.
- Order Form – an interactive form available in the Store that makes it possible to place an Order, in particular by adding Products to the Basket, and defines the terms of the Sales Agreements, including the method of delivery and payment.
- Basket – an element of the Store’s software in which the Products selected for purchase are visible, and there is also a possibility of determining and modifying the Order data, in particular the quantity of products.
- Product – a movable item available in the Store/a service which is the subject of the Sales Agreement concluded between the Customer and the Seller.
- Sales Agreement – product sales agreement being concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement means also complying with the Product features, an agreement for the provision of services and a specific task contract.
- Working days – all days of the week from Monday to Friday, excluding public holidays.
- Order execution time – time limit for the Store to complete the order and forward it to the carrier making the delivery in the form selected by the Customer.
- Traditional transfer – payment made by the Customer at the bank with the use of an online account or traditional bank account or at the Post Office. Payment to be made before the order is processed (prepayment).
- Electronic transfer – an on-line payment made by the Customer with the use of on-line payment systems. Payment to be made before the order is processed (prepayment).
- Payment by credit card – payment made by the Customer using a credit card by means of on-line payment systems. Payment to be made before the order is processed (prepayment).
- Payment on collection – (cash on delivery) payment made by the customer when receiving the order from the courier or at the pick-up point.
- Moment of Product provision – the moment when the buyer or a third party indicated by the buyer to receive the Product takes the possession of it.
- Physical defect – nonconformity of the Product sold with the agreement, in particular when the Product:
- does not have properties that a Product of this type should have due to the purpose indicated in the agreement or resulting from circumstances or its intended use;
- does not have properties about which the Consumer was ensured by the Seller;
- is not suitable for the purpose of which the Seller was informed by the Consumer at the moment of agreement conclusion, and the Seller did not raise any objections with regard to such intended use;
- has been delivered to the Consumer incomplete;
- Civil Code – the Act of 23 April 1964 (Dz.U. /Journal of Laws/ of 2014, item 121, as amended).
- Consumer Rights Act – the Consumer Rights Act of 30 May 2014 (Dz.U. /Journal of Laws of 2014, item 827).
- Act on Electronic Services – the Act on electronic services of 18 July 2002 (Dz.U. /Journal of Laws of 2013, item 1422, as amended).
Contact with the Store
- Address of the Seller: ul. Więźniów Oświęcimia 20, 32-603 Oświęcim
- E-mail address of the Seller: email@example.com
- Telephone number of the Seller: +48.795136848 / +48.728512927
- Bank account number of the Seller: PL 79 1140 2017 0000 4802 1308 9860
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
- The Customer can contact the Seller by phone from 7 a.m. to 7 p.m.
To use the Store, including viewing the assortment of the Store and placing Product orders, the following requirements need to be met:
- terminal device with access to the Internet and a web browser of……………… type
- active e-mail account,
- cookies enabled,
- FlashPlayer installed.
- To the fullest extent permitted by applicable law, the Seller is not responsible for disruptions, including stoppages in the functioning of the Store caused by force majeure, unlawful activities of third parties or incompatibility of the Online Store with technical infrastructure of the Customer.
- An account is not required for browsing the assortment of the Store. The Customer can order Products available from the Store either after creating an Account in accordance with the provisions of § 6 hereof or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
- Prices in the store are given in Polish zloty and euro and are gross amounts (including VAT).
- The final amount to be paid by the Customer consists of the price for the Product and shipping cost (including the costs of transport, delivery and postal services), of which the Customer is informed on the website of the Store when placing the Order, and also at the time of expressing the will to be bound by the Sales Agreement.
- In the case of an Agreement that covers a subscription or provision of services for an indefinite period, the final price is the total price including all payments for the settlement period.
- When the nature of the subject of the Agreement does not enable, judging reasonably, the advance calculation of the final price, information on the calculation method together with the charges for transport, delivery, postal services and other costs will be provided in the Product description of the Store.
Creating an Account in the Store
- To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data:
- name and surname
- e-mail address
- Creation of the Account in the Store is free.
- You can log in into the Account by entering the login and password provided in the Registration Form.
- The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the address provided in § 3.
Rules for placing an Order
To place an Order, the following steps need to be taken:
- log into the Store (optional);
- select the Product that is the subject of the Order, and then click “Add to basket” (or equivalent);
- log in or use the option of placing an Order without registration;
- if you have selected to place an Order without registration – fill out the Order Form by entering the details of the Order recipient and the address where the Product delivery is to be made, select the type of delivery (method of Product delivery), enter the invoice data if different from the Order recipient’s details,
- click the “Order and pay” button,
- select one of the available payment methods and, depending on the method selected, make a payment for the order within a specified time.
- The expected processing time before shipping is specified with each product.
- The order processing time is the time that passes from the moment of acceptance of the order for processing to the moment of forwarding the order from the Store to the carriers performing the delivery – only Working Days are taken into account. An Order for products with different processing times is sent after completing all available products included in the order. The deadline for completing the parcel is determined based on the product with the longest processing time.
- The current status of the order is available after logging into the Customer Account in the “order history” tab.
- The Customer shall check the parcel and determine the nature of damage or destruction of the packaging in the presence of a courier or postal employee, including the preparation of a damage report, in order to help the Store to process the complaint.
Delivery and payment methods offered
- The customer can use the following methods of delivery or collection of the product ordered:
- postal parcel, COD postal parcel;
- courier delivery, COD courier delivery;
- personal collection available at the following address: ul.Więźniów Oświęcimia 20, 32-603 Oświęcim;
- The customer can use the following payment methods:
- payment on collection;
- cash on delivery;
- payment by bank transfer to the account of the Seller;
- electronic payments;
- payments by credit card;
- Detailed information on delivery methods and accepted payment methods can be found on the website of the Store.
Execution of Sales Agreement
- The Sales Agreement is concluded between the Customer and the Seller after placing the Order by the Customer with the use of the Order Form in the Online Store in accordance with § 7 hereof.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. The Seller shall confirm the Order receipt and accept it for processing by sending an appropriate message to the Customer’s e-mail address provided at the moment of placing the Order, which contains at least the Seller’s statement about the receipt of the Order and its acceptance for processing and confirmation of the Sales Agreement conclusion. Upon receipt of the above-mentioned e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
- If the Customer chooses:
- payment by bank transfer, electronic payment or payment by credit card – the Customer is obliged to make payment within 7 calendar days from the date of the Sales Agreement conclusion, otherwise the order will be canceled.
- payment on delivery – the Customer is obliged to make a payment at the moment of delivery.
- cash payment on personal collection of the parcel – the Customer is obliged to make a payment on collection within 10 days after receiving the information that parcel is ready to be picked up.
- If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description in a manner selected by the Customer at the moment of placing the Order.
- In case of ordering Products with different delivery times:
- delivery time is the longest time limit provided;
- The Customer can make a request for the delivery of part of Products or of all Products after completing the entire order.
- The commencement of the time limit for the delivery of Product to the Customer shall be calculated as follows:
- if the Customer chooses to pay by bank transfer, electronic payment or by payment card – from the date of crediting the Seller’s bank account;
- if the Customer chooses to pay on delivery – from the date of concluding the Sales Agreement;
- If the Customer selects a personal collection of the Product, the Product will be ready for collection by the Customer within the time specified in the Product description. The Seller shall additionally send an appropriate e-mail to the Customer’s e-mail address provided when placing the Order to inform the Customer that the Product is ready for collection.
- The Products can delivered worldwide.
- The Product delivery to the Customer is chargeable, unless the Sales Agreement provides otherwise. The costs of Product delivery (including charges for transport, delivery and postal services) are specified on the Online Store website in the “Delivery costs” section and during the Order placement, including the moment of expressing the will by the Customer to be bound by the Sales Agreement.
- The personal collection of the Product by the Customer is free of charge.
Right of withdrawal
- The Customer may withdraw from the Sales Agreement within 14 days without providing reasons.
- The period referred to in point 1 shall start at the moment of Product delivery to the Consumer or to a person designated by them, other than the carrier.
- In the case of an Agreement that cover several Products which are delivered separately, in lots or parts, the period referred to in point 1 shall be calculated from the moment of delivery of the last item, lot or part.
- In the case of an Agreement which covers a regular delivery of a Product for a specified period of time (subscription), the period indicated in point 1 starts from the moment of taking possession of the first item.
- The Consumer may withdraw from the Agreement by submitting a statement on withdrawal from the Agreement to the Seller. To comply with the time limit for withdrawal from the Agreement, it is enough for the Consumer to send a statement before the expiry of that period.
- The statement may be sent via traditional mail or e-mail by sending a statement to the Seller’s e-mail address or by submitting it on the Seller’s website – the Seller’s contact details are specified in § 3.
- When the Consumer sends the statement by electronic means, the Seller shall immediately send to the Consumer’s e-mail address the confirmation of receipt of the statement on withdrawal from the Agreement.
- Effects of withdrawal from the Agreement:
- In the case of withdrawal from the Distance Agreement, the Agreement shall be considered void.
- In the case of withdrawal from the Sales Agreement, the Seller shall immediately, not later than within 14 days from the date of receiving the Consumer’s statement of withdrawal from the Agreement, reimburse the Customer for all payments made by them, including the costs of item delivery, with the exception of additional costs resulting from the method of delivery selected by the Consumer other than the cheapest usual delivery method offered by the Seller.
- The reimbursement shall be made by the Seller with the use of the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agrees to another solution which will not entail any costs on them.
- The Seller may withhold the reimbursement of payment until the moment they receive the Product that was sent back to them or they are provided with the proof that the Product was sent back, depending on which of those events occurs first.
- The Consumer shall return the Product to the Seller’s address specified in these Terms and Conditions immediately, not later than 14 days from the day on which they informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the time limit of 14 days.
- The Consumer shall bear direct costs of returning the Product, including the costs of returning the Product, if the Product, due to its type, could not be sent back by regular mail.
- The Consumer is liable only for a decrease in the value of the Product resulting from using it in a different way than it was necessary to establish the type, characteristics and functioning of the Product.
- If the Product, due to its type, cannot be sent back by means of regular mail, information about this fact as well as about the cost of returning the Product will be included in the Product description in the Store.
- The Consumer is not entitled to withdraw from a distance Agreement in relation to the Agreement:
- the subject of which is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy their individual needs.
- the subject of which is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging is opened after delivery.
- the subject of which is an item liable to deteriorate rapidly or having a short shelf-life.
- on the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who was informed before the beginning of the service provision that they would lose the right to withdraw from the Agreement after the services are provided by the Seller.
- in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control, and which may occur during the time limit to withdraw from the Agreement.
- the subject of which are items that after delivery, due to their nature, are inseparably connected with other items.
- the subject of which are alcoholic beverages, the price of which was agreed on at the moment of Sales Agreement conclusion and which may be delivered not earlier than after 30 days and the value of which depends on fluctuations on the market over which the Seller has no control.
- the subject of which are sound or visual recordings or computer software delivered in a sealed package, if the packaging is opened after delivery.
- on delivery of journals, periodicals or magazines, with the exception of a subscription agreement.
- on delivery of digital content that is not recorded on a tangible medium, if the service provision commenced with the Consumer’s express consent during the time limit for withdrawal from the Agreement and after informing the Seller of the loss of the right to withdraw from the Agreement.
- Acting pursuant to Article 558 §1 of the Polish Civil Code, the Seller completely excludes liability towards customers due to physical and legal defects (warranty).
- The Seller shall be liable to the Consumer for defects (warranty), pursuant to the terms provided for in Article 556 of the Polish Civil Code and subsequent Articles thereof.
- In the event of an agreement with a Consumer, if a physical defect has been found within one year of the date of the release of the Product, it shall be assumed that it existed at the time of passing the risk onto the Consumer.
- If the Product sold is defective, the Consumer may:
- submit a request to reduce the price;
- submit a declaration of withdrawal from the Agreement,
unless the Seller, acting immediately and without excessive inconvenience for the Consumer, replaces the Product with the one free from defects, or if they remove the defect. However, if the Product has already been replaced or repaired by the Seller, or if the Seller has failed to fulfil the obligation to replace the Product with the one that is free from defects, or to remove the defect, they shall not be entitled to Product replacement or defect removal.
- Instead of having the defect removed as offered by the Seller, the Consumer may request replacement of the Product with the one that is free from defects, or instead of having the Product replaced, they may request removal of the defect unless bringing the Product to compliance with the Agreement in the manner selected by the Consumer is impossible or would require excessive costs as compared to the manner offered by the Seller. At the same time, the valuation of the excess of costs shall allow for the value of the Product free from defects, the type and severity of the defect found, and the inconvenience whereto the Consumer would otherwise be exposed if a different manner of redress were applied.
- The Consumer may not withdraw from the Agreement if the defect is irrelevant.
- If the Product sold is defective, the Consumer may also:
- request that the Product be replaced with the one free from defects;
- request that the defect be removed.
- The Seller shall replace a defective Product with the one free from defects, or they shall remove the defect within a reasonable time and without excessive inconvenience to the Customer.
- The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the Product to comply with the Agreement in the manner selected by the Buyer, or if it would require excessive costs as compared to the costs of the other possible manner of bringing it to comply with the Agreement.
- A Consumer exercising rights under the warranty shall deliver the defective Product to the Seller’s address at the expense of the latter.
- The cost of repair or replacement shall be incurred by the Seller.
- The Seller shall accept the defective Product from the Consumer in the event of replacing it with a Product free from defects or withdrawal from the Agreement.
- Within 14 days, the Seller shall respond to the following:
- request to reduce the price;
- declaration of withdrawal from the Agreement;
- request to replace the Product with the one free from defects;
- request that the defect be remove;
otherwise, it shall be deemed that the Consumer’s declaration or request has been found justified.
- The Seller shall be liable under the warranty if a physical defect is found within two years of the date of release of the Product to the Consumer.
- The Consumer’s claim for removing a defect or replacing a Product sold with the one free from defects shall expire after one year, counting from the date of finding the defect, however, not earlier than within two years of the date of release of the Product to the Consumer.
- Within the time limits set out in § 12 (14)-(15), the Consumer may submit a declaration of withdrawal from the Agreement or reduction of the price due to a physical defect of the Product sold; if the Consumer has requested Product replacement with the one free from defects or removal of the defect, the time limit for submitting the declaration of withdrawal from the Agreement or price reduction shall commence upon ineffective expiry of the period for replacing the Product or removing the defect.
- In the event of asserting claims regarding a right under the warranty before a court of law or a court of arbitration, the time limit for exercising other rights vested in the Consumer under the said warranty shall be suspended until the final conclusion of the proceedings. The foregoing shall also apply to mediation proceedings, while the time limit for exercising other rights vested in the Consumer under the warranty shall commence upon the court’s refusal to approve the settlement before the mediator, or upon ineffective conclusion of the mediation.
- If, due to a defect in the Product, the Consumer has submitted a declaration of withdrawal from the Agreement or request to reduce the price, they may request compensation for damage they have suffered through entering into the Agreement without knowing of the defect, even if the damage has resulted from circumstances the Seller shall not be held liable for; in particular, they may request reimbursement of costs of entering into the Agreement, the costs of collection, transportation, storage and insurance of the Product, or reimbursement of expenditures to the extent that they have not benefitted therefrom, and they have not received any reimbursement thereof from a third party and reimbursement of the costs of legal proceedings. The foregoing shall be without prejudice to the obligation to redress damage in line with generally applicable regulations.
- No expiry of time limit for ascertaining a defect shall exclude the exercise of rights under the warranty if the Seller has fraudulently concealed the defect.
- The Seller, if obligated to provide the Consumer with services or financial considerations, shall fulfil the same without undue delay, not later than within the time stipulated by the law.
Complaints and guarantees
- New Products shall be covered by Sales Agreements.
- The Seller shall provide the Buyer a product which is free from defects.
- In the event that a defective product is purchased from the Seller, the Customer shall have the right to make a complaint based on the provisions of the Polish Civil Code regarding the warranty.
- Complaints shall be sent in writing or electronically to the Seller’s addresses provided herein.
- It is recommended that the complaint include, inter alia, a brief description of the defect, circumstances (including the date) of its occurrence, information about of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the product.
- The Seller shall respond to the complaint request immediately, not later than within 14 days; if they fail do to so, the Customer’s request shall be deemed justified.
- The Products to be sent back under the complaint procedure shall be sent to the address provided in § 3 hereof.
- If a product has been granted a guarantee, information thereon and content thereof shall be included in the description of the Product in the Store.
Out-of-court complaint and redress procedures
- Detailed information on the Consumer’s right to seek of out-of-court complaint and redress procedures and the rules of access to those procedures are available in the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory responsibilities include consumer protection, Voivodeship Inspectorates of Trade Inspection, and at the following website addresses of the Office of Competition and Consumer Protection:
- The Consumer shall have the following exemplary possibilities to seek out-of-court complaint and redress procedures:
- The Consumer shall have the right to request the permanent consumer arbitration court provided for in Article 34 of the Act dated 15 December 2000 on Trade Inspection (Dz.U. /Journal of Laws/ of 2014, item 148, as amended) to settle a dispute arising from the Agreement concluded with the Seller.
- The Consumer shall have the right to request the Voivodeship inspector of Trade Inspection, acting pursuant to Article 36 of the Act dated 15 December 2000 on Trade Inspection (Dz.U. /Journal of Laws/ of 2014, item 148, as amended) to initiate mediation proceedings aimed at an amicable settlement of a dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance in settling the dispute between the same and the Seller, also using assistance from the poviat (municipal) consumer ombudsman or a social organisation whose statutory responsibilities include consumer protection (inter alia, Consumer Federation, Association of Polish Consumers).
Personal data in the Online Store
- The Seller is the administrator of the Customers’ personal data collected via the Online Store.
- Customers’ personal data collected by the administrator via the Online Store shall be collected for the purpose of performance of the Sales Agreement and for marketing purposes if the Customer consents thereto.
- Online Store Customers’ personal data recipients may include:
- in the case of a Customer choosing to use the postal or courier mail delivery option, the Administrator shall provide the Customer’s personal data to the selected carrier or intermediary carrying out shipments commissioned by the Administrator.
- in the case of a Customer choosing to use an electronic or card payment method, the Administrator shall provide the Customer’s personal data to the selected entity servicing the above payments in an Online Store.
- The Customer shall have the right to access and modify personal data thereof.
- Provision of personal data shall be voluntary; however, non-provision of personal data, as specified in the Terms and Conditions, required to enter into the Sales Agreement, shall result in the ability to enter into the same.
- The Agreements entered into via the Online Store shall be concluded in Polish.
- The Seller hereby stipulates the right to amend the Terms and Conditions for significant reasons, namely: amendments to the law, changes in methods of payment and delivery – to the extent that the said amendments and changes affect performance of the provisions hereof. The Seller shall notify the Customer of any such amendments and changes minimum 7 days in advance.
- Matters not provided for herein shall be subject to generally applicable laws of Poland, in particular: the Polish Civil Code, the Act on provision of services by electronic means, the Act on consumer rights, and the Act on personal data protection.
- The Customer shall have the right to seek out-of-court complaint and redress procedures. To that end, they may file a complaint via the EU ODR online platform available at: https://ec.europa.eu/consumers/odr