Terms and Conditions
1.1 Sale Agreement – an agreement on the sale of Products within the meaning of the Civil Code concluded by means of remote communication between the Customer and Przekrój via the Online Store.
1.2 Electronic Service – all services provided electronically by Przekrój, in particular, presenting Przekrój’s current offer to the Customers, including prices and availability of individual products and making it possible for Customers to buy products, as well as to place an Order and conclude a Sale Agreement for Products.
1.3 Order - a declaration of intent made by a Customer through an Order Form made with a direct purpose of concluding a Sale Agreement.
2. ELECTRONIC SERVICES
2.1 Przekrój provides Electronic Services free of charge, in accordance with the Terms and Conditions, for an indefinite period of time. Przekrój uses its best efforts to provide uninterrupted, top quality and problem-free Services.
3. CONTRACT OF SALE OF PRODUCTS
3.1 Through its Website Przekrój presents the Products, their prices and descriptions, invites the Customer to conclude a Sale Agreement and enables the conclusion of such agreement.
3.2 For the avoidance of doubt, announcements, advertisements, price lists and other information published in the Online Store shall not be considered as an offer but as an invitation to conclude a contract. Neither do they constitute any warranties by Przekrój.
3.3 Photos and descriptions of Products placed in the Online Store are indicative and are intended only to present the Products to the Customer and create a general impression of the appearance and properties of the Products. In particular, the appearance of the Products on photographs presented in the Online Store may differ slightly from the external appearance of Products delivered to the Customer, which differences may result from other settings of the Customer's monitor, lighting conditions and other factors related to the parameters of equipment on which Przekrój Website is displayed. For the avoidance of doubt, this provision does not limit Przekrój’s liability towards Customers.
3.4 An Order can be placed 24 hours a day, 7 days a week.
3.5 Placing an Order constitutes a declaration of will (offer) by the Customer expressing a direct intent to conclude a Distance Selling Agreement via the Online Store.
3.6 An Order is successfully placed, leading to the conclusion and performance of a Sale Agreement, after all of the following stages have been completed:
(a) The Customer chooses Products offered in the Online Store and adds them to an electronic cart;
(b) The Customer fills in the mandatory fields, i.e. first and last name, full address - street, house/apartment number, postcode, city, country, e-mail address; in order to facilitate communication, customers may also provide their phone numbers and add comments to the order;
(c) The Customer accepts the Terms and Conditions, chooses a delivery method and a payment method (PayU or PayPal service);
to complete the Order, the Customer clicks on the “Order and Pay” box (before clicking on the “Order and Pay” functionality, Customers may still change Orders themselves);
(d) after selecting “Order and Pay" the Customer will be redirected to the selected payment services platform to pay for the Products;
(e) after the payment the Customer is redirected back to the Online Store.
(f) in response to an Order Przekrój sends a message to the e-mail address given by the Customer as an Order confirmation and acceptance of the offer submitted by the Customer, as well as confirmation of all material elements of the Order, or a message that it is not possible to accept it;
(g) The agreement will be concluded upon receipt by the Customer of the e-mail message referred to in point f. above.
3.7 The Sale Agreement is concluded by means of remote communication, i.e. the Internet through the Online Store.
3.8 The Sale Agreement is concluded in Polish.
4. PRICE AND PROMOTIONS OF PRODUCTS
4.1 Przekrój reserves the right to update prices of the Products offered in the Online Store, however, the price offered at the time of placing the Order, before making any changes, will be binding for the Customer.
4.2 Prices of the Products offered in the Online Store is given in Polish zlotys (PLN) and includes all applicable taxes. The price of the Products does not include information about shipping costs and custom duties if any. The Customer may find information about shipping costs separate on the Online Store website. Przekrój does not give information about possible customs duties. The Customer is informed about the total price of the Products including taxes.
4.3 Information about the total cost of the Order of Products is presented to the Customer after the Customer chooses the method of delivery and form of payment.
4.4 Promotions in the Online Store for the sale of Products may not be combined unless the rules of a given promotion do provide otherwise.
4.5 Promotions in the Online Store for the sale of Products are available as long as the stocks last.
5.1 Przekrój provides the Customer with two electronic payment systems:
(a) by PayU using one of the four available options: 1) by online or regular transfer; 2) debit or credit card; 3) BLIK – payment by code from Customer’s bank application; 4) electronic wallets of Google Pay, Visa Checkout, Masterpass; more information about PayU payment methods at https://corporate.payu.com/ and https://static.payu.com/sites/terms/files/payu_terms_of_service_single_transaction_pl_pl.pdf (in Polish).
(b) by PayPal.
5.2 The provider of the PayU electronic payment system is PayU S.A. and of the PayPal system is PayPal Polska sp. z o.o.).
5.3 To use the selected electronic payment system, you must first read and accept terms and conditions made available to the Customer by a given electronic payment service provider before making the payment, as well as comply with these terms and conditions.
5.4 Customers must make a payment within 7 days of the date of conclusion of the Sale Agreement. After the expiry of the 7-day deadline, the Przekrój sets an additional 7-day deadline. After the expiry of the prescribed period, the Sale Agreement terminates without separate notices by the Customer or Przekrój.
6.1 Delivery of the Products to the Customer is subject to payment unless the Sale Agreement provides otherwise.
6.2 Przekrój delivers Products as per the Customer's choice made when placing the Order via Poczta Polska - Pocztex or a domestic postal parcel or by courier service via DHL Parcel Polska. The costs of delivery of the Products are each time indicated in the Order Form.
6.3 Products may be delivered to the address indicated by the Customer, both in Poland and abroad.
6.4 The time of execution of the Sale Agreement by Przekrój is counted from the moment of crediting Przekrój’s bank account or settlement account (posting the payment), preparing Products for shipment until the moment of delivery of the Products to the carrier. The indicated period does not take into account the time of delivery of the Products by the carrier, i.e. from the moment of handover of the Products to the carrier until the moment of their delivery to the Customer by the carrier.
6.5 The provisions of the Sale Agreement will be fixed, secured, made available and confirmed to the Customer by sending to the Customer’s e-mail address and by attaching a printout of the confirmation to the shipment containing the Product or Products.
7. COMPLAINT PROCEDURE
7.1 Przekrój is obliged to deliver the Products to the Customer and to provide Electronic Services without defects.
7.2 If it is found that a Product or Digital Service has a physical or legal defect, the Customer is entitled to rights under an implied warranty (Polish: rękojmia) as provided for in art. 556-576 of the Civil Code. Przekrój is responsible for physical defects of the Product or Digital Service if this is found out within two years of the date of delivery of the merchandise to the Customer - then the Customer should make a complaint within one year of the date of discovery of the defect.
7.3 The Customer has the right to file a complaint:
(a) in writing to the following address: Fundacja Przekrój, Aleja Róż 10/12, 00-556 Warszawa;
(b) electronically to the e-mail address: firstname.lastname@example.org;
7.4 In order to make it easier to consider a complaint, it is recommended to include the following in its description:
(a) Customer data;
(b) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the irregularity;
(c) the Customer’s demand;
(d) information about the form of receiving a response to the complaint;
(e) contact details of the complainant - this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements indicated in points (a) to (e) are recommendations only - their absence does not affect the effectiveness of the complaint.
7.5 Przekrój will respond to the Customer's complaint immediately, not later than within 30 calendar days of its submission. If Przekrój does not respond within the above period, this will mean that the complaint was accepted.
7.6 Customers who exercise rights under an implied warranty (Polish: rękojmia) are required to deliver the defective Products at Przekrój’s expense to the following address: Fundacja Przekrój Aleja Róż 10/12, 00-556 Warszawa.
8. THE RIGHT TO WITHDRAW FROM A CONTRACT OF SALE
8.1 A consumer who has concluded a distance selling contract has the right to withdraw from it within 14 calendar days without giving any reason and without incurring any costs. In order to meet the deadline, it is sufficient for the Customer to send a notice to Przekrój before its expiry. The notice of withdrawal from the Sale Agreement may be made:
(a) in writing to the following address: Fundacja Przekrój, Aleja Róż 10/12, 00-556 Warszawa;
(b) in an electronic form to the e-mail address: email@example.com
8.2 Such a declaration may be made using a form of notice of withdrawal from the Sale Agreement (in accordance with the statutory form referred to in Article 30(1) of the Act on Consumer Rights), constituting (Appendix No. 1) to these Terms and Conditions. This does not limit the Consumer's right to submit any other clear statement to informs about his/her decision to withdraw from the Sale Agreement.
8.3 The period for withdrawal from the contract expires after 14 days from the date of delivery of the Products to the Consumer or a third party indicated by him/her, other than the carrier.
8.4 In the event of withdrawal from a distance selling contract, the contract shall be deemed not to have been concluded.
8.5 Przekrój is obliged to immediately, no later than within 14 calendar days of the date of receipt of the Consumer's notice of withdrawal, return all payments made by the Consumer, including the costs of delivery of the Products (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery available in the Online Store). Przekrój will make the refund by the same means of payment as used by the Consumer unless the Consumer has expressly agreed to another method of refund which does not involve any costs for the Consumer.
8.6 Przekrój may withhold the return of payments received from the Consumer until the receipt of the Products or until the receipt of proof of return of the Products by the Consumer, depending on which of the events occurs earlier, unless Przekrój has proposed the personal collection of the Products from the Consumer.
8.7 No later than 14 calendar days after withdrawal from the contract, the Consumer is obliged to return the Products to Przekrój or hand them over to a person authorized by Przekrój to collect them unless Przekrój has offered to collect the Product itself. In order to meet the deadline it is sufficient to send the Products back before its expiry. The Consumer may return the Product to the address: Fundacja Przekrój, Aleja Róż 10/12, 00-556 Warszawa.
8.8 The Consumer shall only be liable for any diminished value of the Products as a result of using them in a manner beyond what is necessary to determine the nature, characteristics and functioning of the Products.
8.9 Consumer may not exercise their right of withdrawal from a distance contract in the case of contracts: (1) for the provision of services if Przekrój has fully performed the services with the express consent of the consumer, who has been informed prior to the commencement of the services that after the Seller's performance he will lose the right to withdraw from the contract; (2) for the provision of the Product not manufactured, manufactured to the consumer's specifications or to meet his individual needs; (3) for the provision of Products which, after delivery, due to their nature, are inseparably combined with other items; (4) where the performance involves audio or visual recordings or computer software delivered in a sealed package if the package has been opened after delivery; (5) for the delivery of newspapers, periodicals or magazines, except for a subscription agreement; (6) concluded by a public auction; (7) for the delivery of digital content which is not recorded on a tangible medium if the performance commenced with the express consent of the consumer before the expiry of the withdrawal period and after the Seller has informed the consumer of the loss of the right to withdraw from the contract.
9. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
9.1 Detailed information on how a Customer who is a Consumer may use out-of-court complaint and claim handling procedures and the rules of access to these procedures are available at the offices and on the websites of powiat (municipal) consumer ombudsmen, consumer protection organizations, Voivodship Trade Inspection Office and at the following web addresses of the Office of Competition and Consumer Protection:
9.2 A Customer who is a Consumer has, for instance, the following possibilities of out-of-court complaint handling and claim enforcement.
9.2.1 The Customer has the right to approach the permanent arbitration consumer tribunal, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Dz.U.2001.25 as amended) for settlement of a dispute arising from the Services agreement. The regulations on the organization and operation of permanent arbitration courts at Voivodship trade inspection officers are laid down in the Regulation of the Minister of Justice of 6 July 2017 on the rules of organization and operation of permanent arbitration consumer tribunals at Voivodship trade inspection officers (Journal of Laws of 2017, item 1356).
9.2.2 The Customer has the right to apply to the Voivodship Trade Inspection Officer, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Dz.U.2001.4.25 as amended), for the initiation of mediation proceedings for an amicable settlement of a dispute between the Customer and Przekrój. Information on the principles and procedure of mediation conducted by the Voivodship Trade Inspection Officer is available at its offices and on the websites of individual Voivodship Trade Inspection Offices.
9.2.3 The Customer may obtain free aid in resolving a dispute between the Customer and Przekrój, using also free aid of a powiat (municipal) consumer ombudsman or consumer protection organizations (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumers' Federation at firstname.lastname@example.org and by the Polish Consumers' Association and the Consumers' Foundation at the free consumer helpline 800 889 866.
9.3 The online dispute resolution platform between consumers and traders at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sale or service contract.
10. PROVISIONS RELATING TO BUSINESS UNDERTAKINGS
10.1 This section of the Terms and Conditions and the provisions contained here apply only to Customers who are not Consumers, i.e. business undertakings.
10.2 Przekrój shall have the right to withdraw from the Sale Agreement concluded with a Customer who is not a Consumer within 14 calendar days from the date of its conclusion - in which case the withdrawal from the Sale Agreement may take place without giving a reason and shall not give rise to any claims against the Customer who is not a Consumer in relation to Przekrój.
10.3 In the case of Customers who are not Consumers, Przekrój has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sale Agreement.
10.4 As soon as the Products are handed over to the carrier by the Seller, all benefits and burdens associated with the Products and the danger of accidental loss or damage to the Products shall pass to the Customer who is not a Consumer. In such a case, Przekrój shall not be liable for loss, decrement or damage to the Products, which occurred from the moment of accepting the Products for transport until the handover of the Products to a Customer who is not a Consumer, and for the delay in transport of the shipment.
10.5 Pursuant to Article 558.1 of the Polish Civil Code, Przekrój's liability under the an implied warranty (Polish: rękojmia) for the Products towards a Customer who is not a consumer is excluded.
10.6 In the case of Customers who are not Consumers who use Electronic Services, Przekrój may terminate the contract for the provision of an Electronic Service with immediate effect and without indicating the reasons, by sending a relevant statement to the Customer who is not a Consumer.
10.7 Przekrój’s liability towards a Customer who is not a consumer, regardless of whether he uses an Electronic Service or concludes a Sale Agreement and regardless of its legal basis, shall be limited both within the scope of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the Sale Agreement. Przekrój shall be liable towards a Customer who is not a Consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits towards a Customer who is not a Consumer.
10.8 Any disputes arising between Przekrój and a Customer who is not a consumer shall be settled by the court having jurisdiction over the registered office of Przekrój, and the law applicable to agreements concluded with Customers who are not consumers, i.e. business undertakings, shall be Polish law.
11. PERSONAL DATA PROTECTION
11.1 Personal data is processed in accordance with the Act of 10 May 2018 on personal data protection (Dz.U.2018.1000), and GDRP – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (EU Official Journal L 119, p. 1), as well as other legal acts supplementing or replacing the above mentioned regulations.
11.2 Personal data controller
The controller of personal data is Przekrój Foundation with its registered office in Warsaw, Aleja Róż 10/12, 00-556 Warsaw.
11.3 Purpose of personal data processing
The data is processed for the purpose of the conclusion and performance of the Sale Agreement and provision of Electronic Services by Przekrój.
11.4 Acquisition of data by Przekrój
Personal data is collected directly from the User.
11.5 Type of data to be processed
(a) first and last name;
(b) mailing address;
(c) the e-mail address to which messages will be sent;
(d) contact number (if any);
(e) Internet behavior data - time spent on the Controller’s websites and visits to particular websites.
12. FINAL PROVISIONS
12.1 The content of the Terms and Conditions is free of charge, without any time limits, made available to Customers at the following address: www.przekrój/shop/regulamin. You may also print out the Terms and Conditions.
12.2 When using the Online Store the Customer must comply with law and good practices, having regards to personal rights, copyrights, and intellectual property rights made available on the Przekrój Website and of third parties, must not provide unlawful content. The Customer is obliged to enter data in accordance with the actual state of affairs.
12.3 The court competent to settle disputes arising from the Electronic Service or the Sale Agreement shall be a common court of substantive and local jurisdiction unless otherwise required by law.
12.4 The law applicable to the conclusion of the Sale Agreement is Polish law.
12.5 Agreements concluded through the Online Store are concluded in Polish.
12.6 The choice of Polish law on the basis of these Terms and Conditions does not deprive the Customer of the protection granted to him under the provisions which cannot be excluded by agreement between Przekrój and the Customer, and which could be applicable.
12.7 Przekrój reserves the right to modify the Terms and Conditions by making changes or additions in situations necessary to maintain the safety of the concluded Sale Agreements in the Online Store, in the event of changes affecting the implementation of the provisions of the Terms and Conditions, changes in legal regulations, changes in the method of payment or delivery and in the event of a change in the offer of the Online Store affecting its functioning.
12.8 The Przekrój shall inform the Customers about the planned change of the Terms and Conditions by providing relevant information on the main page of the Online Store and its maintenance for a period of at least 14 calendar days, while the Customers holding an Account shall also be notified about the planned changes via e-mail to the e-mail address indicated by the Customer.
12.9 The Customer is not obliged to accept the updated Terms and Conditions, however, the condition of using Electronic Services and the possibility of concluding a Sale Agreement is the acceptance of the Terms and Conditions of the Online Store.
12.10 In the event of concluding, on the basis of these Terms and Conditions, contracts of a continuous nature, the amended Terms and Conditions shall be binding on the Customer provided that the requirements specified in Article 384 and Article 3841 of the Civil Code have been observed, i.e. the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. However, the Customer who is a Consumer has the right to withdraw from the contract in the event that the change in the Regulations results in the introduction of any new fees or increase in the current ones.
12.11 In the event of concluding contracts of a different nature than continuous contracts on the basis of these Terms and Conditions (e.g. Sale Agreement), amendments to the Terms and Conditions shall in no way infringe the rights of acquired Customers who were Consumers before the date of entry into force of amendments to the Terms and Conditions, in particular amendments to the Terms and Conditions shall have no impact on Orders already placed or submitted and Sale Agreements concluded, executed or performed.
12.12 In the event that a particular provision of the Regulations is deemed invalid or ineffective, the invalidity or ineffectiveness of that provision shall not affect the validity or effectiveness of the remaining provisions of the Regulations. Przekrój will endeavor to replace an invalid or ineffective provision with a new, legally non-defective provision.
12.13 The Regulations shall enter into force on 22.05.2019.
Appendix no 1
FORM OF NOTICE OF WITHDRAWAL FOR THE TERMS AND CONDITIONS OF PRZEKRÓJ ONLINE STORE
(this form must be completed and returned only if you wish to withdraw from the contract)
Addressee [here the business undertaking's name, full postal address and, where available, fax number and e-mail address should be GIVEN].
I/We(*) hereby inform you(*) of my/our withdrawal from the contract of sale of the following products(*) from the contract of delivery of the following products(*) from the contract to perform a specific task(*)/provide the following services(*)
Date of contract execution(*)/collection(*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if the form is sent on paper)
(*) Delete as appropriate.