Terms and conditions of the store Kindle Faith online shop
defining, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store and the Consumer's rights
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the seller
§ 3 Technical requirements
§ 4 Shopping at the Store
§ 5 Payments
§ 6 Order processing
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal information
§ 11 Reservations
Appendix 1: Model withdrawal form
§ 1 DEFINITIONS
Working days - days from Monday to Friday except for public holidays in Poland.Consumer - A buyer who is an individual, buying from the Store or taking steps to make a purchase, without direct connection with his business or professional activity.
Account - regulated by separate regulations, a digital service within the meaning of the Law on Consumer Rights, through which the Buyer can use additional features in the Store free of charge.
Buyer - any entity purchasing from the Store or taking steps to make a purchase.
Preferred buyer - Consumer or Business Privileged.
Privileged entrepreneur - A buyer who is a natural person, concluding or intending to conclude a contract with the Seller under the Regulations directly related to his business, but not of a professional nature for him.
Regulations - these regulations.
Store - Rozpal Wiarę online store run by the Seller at sklep.rozpalwiare.pl.
Seller - MARCIN ALEKSANDER ZIELIŃSKI, entrepreneur conducting business under the firm Marcin Zielinski "Słowo z Mocą", entered in the Central Register and Information on Business Activity maintained by the minister competent for economy and keeping the Central Register and Information on Business Activity, NIP 8361825335, REGON no. 368351898, ul. Ryszarda Kaczorowskiego 18/79, 96-100 Skierniewice.
Digital Content - Data produced and delivered in digital form.
Consumer Rights Act - Polish law of May 30, 2014 on consumer rights.
The provisions of the Terms and Conditions regarding products apply to both movable things (goods) and Digital Content.
§ 2 CONTACTING THE SELLER
- Postal address: Ryszarda Kaczorowskiego Street 18/79, 96-100 Skierniewice
- E-mail address: sklep@rozpalwiare.pl
- Phone: +48 794 224 031
- Address to return the goods (in case of withdrawal from the contract): 1B/211 Mazowiecka Street, 96-100 Skierniewice.
- Address for sending the advertised goods: 1B/211 Mazowiecka Street, 96-100 Skierniewice.
- The cost of a telephone call or data transmission made by the Buyer is based on the basic tariff of the telecommunications operator or Internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or ISP used by the Buyer.
§ 3 TECHNICAL REQUIREMENTS
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For the proper functioning of the Store you need:
- device with internet access
- A web browser that supports JavaScript and cookies.
- For placing an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.
§ 4 SHOPPING IN THE STORE
- Product prices shown in the Store are the total prices for the product.
- The Seller notes that the total price of an order consists of the price indicated in the Store for the product and, if applicable, the cost of delivery of the goods.
- The product selected for purchase should be added to the shopping cart in the Store.
- The buyer then chooses the method of delivery of goods and payment method for the order from among the options available in the Store, as well as provide the data necessary to complete the placed order.
- The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
- Placing an order is the same as concluding a contract between the Buyer and the Seller.
- Buyers can register with the Store, i.e. create an Account with it, or make purchases without registration by providing their data with each possible order.
§ 5 PAYMENTS
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The following payment methods are available in the Store:
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via a payment platform:
- Przelewy24
- Stripe
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via a payment platform:
- If the Buyer chooses to pay in advance, the order must be paid for within 1 Business Day after placing the order.
- By purchasing from the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.
§ 6 ORDER EXECUTION
- The lead time of the order is indicated in the Store.
- If the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after its payment.
- In a situation where the Buyer has purchased products with different lead times within one order, the order will be fulfilled within the time limit applicable to the product with the longest lead time.
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States on the territory of which delivery is made:
- Poland
- Czech Republic
- Germany
- Lithuania
- Ukraine
- Slovakia
- United Kingdom
- Hungary
- Spain
- Italy
- Other countries within the EU
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The following delivery methods are available in the Store:
- via courier service to the address specified by the Buyer;
- To the parcel machine;
- To the collection point;
- To InPost parcel machines;
- electronically, to the e-mail address provided by the Buyer when placing the order - in the case of Digital Content.
§ 7 RIGHT OF WITHDRAWAL
- A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Regulations. Regulations, within 14 days without giving any reason.
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The deadline for withdrawal expires after 14 days
from the date:
- in which the Priority Buyer took possession of the goods or in which a third party other than the carrier and designated by the Priority Buyer took possession of the goods;
- on which the Priority Buyer took possession of the last good, lot or part, or on which a third party, other than the carrier and designated by the Priority Buyer, took possession of the last good, lot or part, in the case of a contract obligating the transfer of ownership of multiple goods that are delivered separately, in lots or in parts;
- conclusion of the contract - in the case of a contract for the delivery of Digital Content.
- In order for a privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (for example for example, a letter sent by mail or e-mail).
- A privileged buyer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.
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In order to observe the deadline for withdrawal from the contract, it is sufficient for the privileged buyer to send information on the exercise of the
his right to withdraw from the contract before the expiration of the withdrawal period.
CONSEQUENCES OF WITHDRAWAL - In case of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all received from him payments, including the costs of delivering the goods (except for additional costs resulting from the privileged Buyer's choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the decision of the Preferred Buyer to exercise its right of withdrawal.
- The Seller will refund the payment using the same means of payment as were used by the Privileged Buyer used in the original transaction, unless the Privileged Buyer agrees otherwise solution, in any case the Priority Buyer will not incur any fees in connection with this return.
- If the Seller has not offered to collect the goods itself from the privileged Buyer, it may withhold the refund of the payment until it has received the goods or until it has been provided with the proof of its return, whichever event occurs first.
- The Seller asks to return the goods to the address: Mazowiecka 1B/211 Street, 96-100 Skierniewice immediately, and in any case no later than 14 days from the day on which the Buyer privileged to inform the Seller of withdrawal from the sales contract. The deadline is met if the privileged buyer sends back the goods before the expiration of the 14-day period.
- The privileged buyer shall bear the direct costs of returning the goods.
- The privileged buyer is liable only for the diminution in value of the goods resulting from the use of the goods in a manner other than was necessary to ascertain the nature, characteristics and functioning of the goods.
- If the goods, due to their nature, cannot be returned by ordinary mail, the Buyer privileged will also have to bear the direct costs of returning the goods. The estimated amount of these costs costs the privileged Buyer will be informed by the Seller in the description of the goods in the Store or when placing the order. placing the order.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
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The right of withdrawal from a contract concluded remotely, referred to in § 7 of the Regulations, does not apply to the following
the contract:
- in which the object of performance is a non-refabricated good, produced to the specifications of the privileged buyer or serving to meet his individualized needs;
- in which the subject of the performance is goods that are perishable or have a short shelf life shelf life;
- in which the subject of the service is goods delivered in sealed packaging, which, once opened packaging cannot be returned for health or hygiene reasons, if the the package has been opened after delivery;
- In which the object of performance is goods which, after delivery, due to their nature, become inseparably connected with other things;
- in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
- for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not controls, and which may occur before the expiration of the deadline for withdrawal from the contract;
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for the provision of Digital Content for which the Preferred Buyer is obliged to pay the price, if all of the following conditions are met:
- The Seller has commenced performance with the express and prior consent of the Preferred Buyer;
- The privileged buyer was informed prior to the performance that after the Seller's performance, he would lose his right to withdraw from the contract and acknowledged this;
- The seller provided the privileged buyer with a lawful confirmation of the conclusion of the remote contract, including information on the above-mentioned consent, on a durable medium within a reasonable time after the conclusion of the contract, at the latest before the start of performance.
§ 9 COMPLAINTS
I GENERAL PROVISIONS
- The Seller shall be liable to the privileged Buyer for the compliance of the performance with the contract, as provided by generally applicable laws, including in particular the provisions of the Law on Consumer Rights.
- The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
- If the product has a warranty, information about it, as well as its conditions, is available in the Store.
- The seller will respond to the complaint within 14 days of receipt.
II PREFERRED BUYERS
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Goods
- In the event of non-conformity of the goods with the contract, the privileged buyer has the option of exercising the rights set forth in Chapter 5a of the Law on Consumer Rights.
- The Seller shall be liable for the lack of conformity of the goods with the contract, existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
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Under the provisions of the Law on Consumer Rights, in case of non-conformity with the contract, the privileged Buyer may demand:
- exchange of goods,
- repairs to goods.
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In addition, the Preferred Buyer may make a statement about:
- price reduction,
- withdrawal
- The seller refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Law;
- The seller failed to bring the goods into conformity with the contract in accordance with Article 43d (4-6) of the Law on Consumer Rights;
- the lack of conformity of the goods with the contract continues, despite the fact that the Seller tried to bring the goods into conformity with the contract;
- the lack of conformity of the goods with the contract is so significant that it justifies either a reduction in price or withdrawal from the contract without first taking advantage of the protections set forth in Article 43d of the Consumer Rights Act;
- it is clear from the Seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the privileged Buyer.
- In the case of goods subject to repair or replacement, the Preferred Buyer shall make the goods available to the Seller. The Seller shall collect the goods from the privileged Buyer at his own expense.
- A privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
- In case of withdrawal from the contract referred to in this section (concerning goods), the privileged Buyer shall immediately return the goods to the Seller at his expense, to the address Mazowiecka 1B/211 Street, 96-100 Skierniewice. The Seller shall return the price to the privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
- The Seller shall refund to the privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the privileged Buyer's statement on price reduction.
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Digital Content
- In the event of inadequate performance by the Seller of the contract for the provision of Digital Content, the privileged Buyer has the opportunity to exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
- If the Seller has not delivered the Digital Content, the Privileged Buyer may call upon the Seller to deliver it. If the Seller nevertheless fails to deliver the Digital Content immediately or within an additional period of time expressly agreed upon by the Privileged Buyer and the Seller, the Privileged Buyer may rescind the contract.
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The privileged buyer may withdraw from the contract without calling for delivery of the Digital Content if:
- It is clear from the Seller's statement or from the circumstances that it will not provide Digital Content or
- The Priority Buyer and the Seller agreed, or it is clear from the circumstances of the conclusion of the contract, that the specified date of delivery of the Digital Content was of material importance to the Priority Buyer, and the Seller failed to deliver the Digital Content by that date.
- The Seller shall be liable for the lack of conformity of the Digital Content with the contract, which existed at the time of delivery and became apparent within two years from that time.
- If the Digital Content is not in conformity with the contract, the privileged Buyer may demand that it be brought into conformity with the contract.
- In the event that the Digital Content does not conform to the contract, the Preferred Buyer shall have the obligation to cooperate with the Seller, to a reasonable extent and with the least burdensome technical means, to determine whether the Digital Content's failure to conform to the contract in a timely manner is due to the characteristics of the Preferred Buyer's digital environment.
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In addition, if the Digital Content is not in compliance with the contract, the Privileged Buyer may make a statement:
- price reduction,
- withdrawal from the contract,
- bringing the Digital Content into conformity with the contract is impossible or requires excessive costs pursuant to Article 43m (2) and (3) of the Consumer Rights Act;
- The Seller has failed to bring the Digital Content into conformity with the contract within a reasonable time from the moment the Seller was informed by the Priority Buyer of the non-conformity with the contract, and without undue inconvenience to the Priority Buyer, taking into account its nature and the purpose for which it is used;
- the lack of conformity of the Digital Content with the contract continues to exist, despite the fact that the Seller has tried to bring the Digital Content into conformity with the contract;
- the lack of conformity of the Digital Content with the contract is so significant that it justifies either a price reduction or withdrawal from the contract without first using the measure of protection specified in Article 43m of the Consumer Rights Law (i.e., demanding that the Digital Content be brought into conformity with the contract);
- it is clear from the Seller's statement or circumstances that it will not bring the Digital Content into conformity with the contract within a reasonable time or without undue inconvenience to the Preferred Buyer.
- The privileged buyer may not withdraw from the contract on the basis of the preceding provision if the Digital Content is provided in exchange for payment of the price, and the lack of conformity of the Digital Content with the contract is immaterial.
- The Seller is obliged to refund to the Preferred Buyer the price due as a result of exercising the right of cancellation referred to in this section (regarding Digital Content), or reduce the price, immediately, no later than within 14 days from the date of receipt of the Preferred Buyer's statement of cancellation or price reduction.
- The Seller shall refund the price using the same method of payment used by the Preferred Buyer, unless the Preferred Buyer has expressly agreed to a different method of refund that does not incur any costs for him.
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Out-of-court ways of dealing with complaints and redress of grievances
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The Seller shall inform the Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized for out-of-court dispute resolution.
Among other things, a consumer can use the assistance of the relevant European Consumer Center from the Network of European Consumer Centers. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centers is, as a rule, free of charge. For a list of country-specific Consumer Centers, see: https://konsument.gov.pl/eck-w-europie/
In addition, the following forms of support are available in the Commonwealth:- mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
- assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
- The preceding provision is for informational purposes and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution.
- The use of out-of-court means of handling complaints and claims is voluntary for both the Seller and the Consumer.
- The consumer can additionally take advantage of free assistance from the city or county consumer ombudsman.
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The Seller shall inform the Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized for out-of-court dispute resolution.
III BUYERS OTHER THAN PREFERRED BUYERS
- For the avoidance of doubt, the Seller notes that the provision of § 11.7 shall apply to the Seller's liability to a Buyer other than a privileged Buyer related to a complaint.
§ 10 PERSONAL DATA
- The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information about the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as about the recipients of the data - can be found in the privacy policy available at the Store. privacy policy - due to the principle of transparency, contained in the General Regulation of the European Parliament and Council (EU) on data protection - "RODO".
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The purpose of processing Buyer's data by the Seller, provided by the Buyer in connection with purchases in the
Store, is to process orders. The basis for processing personal data in this case is:
- contract or actions taken at the request of the Buyer, aimed at its conclusion (art. 6 paragraph 1(b) of the RODO),
- Vendor's legal obligation, related in particular to accounting and product safety (Article 6(1)(c) of the RODO) and
- Vendor's legitimate interest in processing data to establish, pursue or defense of possible claims (Article 6(1)(f) RODO).
- Provision of data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will make it impossible to conclude a contract in the Store.
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Buyer's data provided in connection with purchases in the Store will be processed until:
- the contract concluded between the Buyer and the Seller will cease to be in force;
- the Seller will cease to be under a legal obligation, obliging him to process the Buyer's data;
- the possibility of asserting claims by the Buyer or Seller, related to the contract concluded by the Store will cease;
- the Buyer's objection to the processing of his personal data is accepted - in the case where the basis of data processing was the legitimate interest of the Seller
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The buyer is entitled to demand:
- Access to their personal data,
- their correction,
- removals,
- processing restrictions,
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transfer of data to another controller
As well as the law: - to object at any time to the processing of data for reasons related to the Buyer's particular Buyer's situation - against the processing of personal data concerning him, based on Article 6(1). lit. f RODO (i.e. on legitimate interests pursued by the Seller).
- In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations. Regulations.
- If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the authority competent for the protection of personal data. In Poland, this is the President of the Office for Personal Data Protection.
§ 11 RESERVATIONS
- It is prohibited for the Buyer to provide unlawful content.
- Each time an order is placed in the Store, it constitutes a separate contract and requires separate acceptance of the Regulations. The contract is concluded for the time and for the purpose of fulfilling the order.
- All contracts concluded under these Regulations shall be governed by Polish law, subject to paragraph 4.
- The choice of Polish law for contracts concluded under these Terms and Conditions with a Consumer does not abrogate or limit the rights of that Buyer under mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if national regulations applicable to a given Consumer provide for protection broader than that provided under these Regulations or Polish law - the broader protection shall apply.
- Contracts concluded on the basis of the Regulations are concluded in the Polish language.
- In case of a possible dispute with a Buyer who is not a privileged Buyer, related to a contract concluded through the Store, the competent court will be the court of competent for the registered office of the Seller.
- Any liability of the Seller to a Buyer who is not a Priority Buyer, under a contract concluded through the Store - within the limits allowed by law - is excluded.
- With regard to the use of the Store's website and the functions available on it, the Terms and Conditions of the website, available at the Store, shall apply.