REGULATIONS OF THE ROBERTPROCH.ORG ONLINE STORE
§ 1. Definitions
1. The below mentioned terms used in these Regulations are always to be understood as:
Administrator/Seller – Fundacja im. Roberta Procha with its registered office in Aleje Ossolińskich 1 / 8, 85-093 Bydgoszcz, Poland, Fundation under KRS number 0000861617. , NIP number 9671439822. REGON number 387209527owner and administrator of the robertproch.org online store
Store – online store operated by the Administrator, accessible through a dedicated website: robertproch.org
Client – natural person over 13 years of age, where a consent of this person’s legal representative is required in case of not being over 18 years of age, unless the person has full legal capacity, and also a legal person or organisational entity without legal personality on whom applicable laws and regulations confer legal capacity, person or entity which uses the Store, and especially which orders products available in the Store in accordance with the principles specified in these Regulations;
Consumer – Client being a natural person who makes purchases in the Store in the scope not directly related to the person’s business or professional activity (pursuant to Art. 221 of the Act of 23 April 1964 of the Civil Code, Journal of Laws 2014, item 121, uniform text, as amended);
Product – products delivered by the Seller, presented in the Store, which may be the subject of sale agreement;
Account – collection of resources in the information and communication system of the Seller, marked with an individual name (login) and password provided by the Client, where the data provided by the Client and information concerning his/her placed orders in the Store are collected.
Order – customer’s declaration of will expressed with the Store’s functionality, indicating e.g.: type and quality of the Product available in the Store at the time of the Order, price, place of the Product’s delivery, Client’s data. The Order constitutes an offer to enter the agreement on the purchase of the Product of parameters expressed in the Order;
Sale Agreement – agreement on the sale of the Product within the meaning of the regulations of the Civil Code, concluded between the Seller and the Client, with the use of the Store’s website;
Regulations – the Regulations of the robertproch.org online store
§ 2. General information
1. These Regulations define the rules of the Store’s functioning, including the rules for placing orders for the products available in the Store, rights and obligations of the Client and Administrator, terms for the conclusion and termination of the Product Sale Agreements, withdrawal from the Sale Agreement, compliant procedures, and also personal data protection principles. These Regulations are applicable to all Clients, including those placing orders. Every Store user is obliged to become familiar with the Regulations and to comply with their provisions.
2. Every person using the Store has a possibility to contact the Administrator through addresses, including e-mail and/or phone numbers indicated under the “Contact” tab on the website of the Store.
3. Store product browsing does not require registration. Placing orders by the Client for the products available in Store is possible after the registration defined in §3 or by providing necessary personal and address data enabling the order execution without registration;
5. The Client is obliged to use the Store in accordance with legal provisions and good manners, respecting personal goods, copyrights and intellectual property of the Seller and third parties. It is forbidden to undertake any actions which could influence the proper functioning of the Store, including an interference in the Store’s content or its technical elements, and providing unlawful content. It is forbidden to use the Store for other purposes than it was originally created for, especially including spamming, or for example running commercial, advertising, or promotional activities.
6. The sale of the products available in the Store is made through the Internet in a form of Sale Agreement concluded at a distance between the Client and the Seller, in accordance with the Act on Consumer Rights of 30 May 2014 and the Civil Code.
7. The goods visible on the Store’s website at the moment of the order placement are the subject of transaction.
8. Information about the Products available on the Store’s website do not constitute the offer in the meaning of the Civil Code. Information about the Products available in the Store constitute an invitation to conclude an agreement in accordance with Art. 71 of the Civil Code.
9. Order placement is equal to the acceptance of terms introduced in these Regulations.
§ 3. Registration
1. Registration in the Store and also the use of the Store’s functionalities are free of charge.
2. In order to register in the Store (set up the account) the registration form must be completed in a true and complete manner with the name and surname, address of residence, e-mail address, phone number and password, the Client must also accept the Store’s Regulations and express consent for the processing of personal data to the extent necessary for proper provision of services by electronic means and proper execution of the Client’s Orders.
3. Administrator does not control or verify identification data of the Clients included in the registration form. Data indicated in the registration form as obligatory are necessary to create the Account and for proper execution of the Order. After the completed registration form is sent, the Client will receive a registration confirmation with the password on the indicated by the Client e-mail address. Than it is possible to activate the Account. The registration procedure is finished when the Administrator receives proper activation of the Account.
4. Along with the registration, the Client accepts all provisions of these Regulations and makes a declaration of will and knowledge concerning the contents of these Regulations and fulfillment of all specified in the Regulations requirements and conditions concerning the Client. The Client declares that the data provided during the registration process are true. The Administrator may condition the Client’s registration on the authentication of the provided data in duly justified cases when suspicions that the data is false exist.
5. As a result of correct registration, a free of charge Agreement between the Administrator and the Client on the provision of services by electronic means provided by the Administrator to the Client is concluded in terms of the creation and usage of the Client’s Account on the Store’s website.
6. After the registration in the Store, every logging is made with the use of the data provided in the registration form. The Client gains access to the Account which is assigned to him/her in the registration form after the provision of e-mail address and password in the Store (while logging). The access to the Client’s account is protected with an individually chosen password.
7. The Account includes the Client’s data provided in the registration form. In case of further amendments of the data, the Client should update his/her profile on the Account, however the data indicated in the registration form as obligatory cannot be removed by the Client while using the Store’s services, and in such situation the Client may remove the entire Account.
9. Every person/entity can open only one Account, and it is unacceptable to derogate from, share, sell or dispose the account in any other way to other persons or to provide the password to the Account to other persons. The password constitutes a protection against possible hacking attempt of third parties. In order to protect the Account against hacking attempts, the Client should not use words or information related to the Account in the password. The password should include letters and numbers for safety reasons. If the Client logs in to the Store using the computer of third parties, he/she should not save the access password to the Store.
10. The Client is obliged to use the Store’s website, including the created Account, in a manner consistent with the applicable law, moral and social norms, and provisions of these Regulations.
11. The Administrator reserves the right to use the provided by the Client e-mail as means of communication with the Client in order to verify the status of the Account, and also in other matters related to the functioning of the Store and/or provision of services by the Administrator to the Client within the framework of the Store (especially for sending notifications concerning relevant changes in the Store or notifications about the technical condition of the Store) and for purposes related to the Order placed by the Client.
12. The user has the right to terminate the Agreement on the provision of services by electronic means in terms of creation and usage of the Client’s Account at any time. The termination of the Agreement takes place without any additional costs and without notification of reasons. The termination of the Agreement can be performed by sending proper declaration to the Store’s e-mail address indicated under the “Contact” tab on the Store’s website or in a written form at the address of the Seller provided in §1 hereinabove. The termination and dissolution of the Agreement does not involve the loss of already acquired rights by the Clients using the Store. Termination of the Agreement on the provision of services concerning the Client’s Account will result in blocking and deletion of the Client’s Account in the Store.
13. The Administrator has the right to delete the Client’s Account (termination of the Agreement on the provision of services by electronic means in terms of creation and usage of the Client’s Account) if: a) The Client undertakes actions (or uses the Account) contrary to the applicable provisions of law and/or provisions of these Regulations; b) the safety of the Account is endangered. In such a situation the Administrator may also temporarily restrict the access to chosen services provided by the Administrator and condition further use of the Account by the Client on the password change for this Account. After the password is changed, the Client recovers the access to the original Account.
§ 4. Orders
1. The Client may place an Order for chosen Products 24 (twenty four) hours a day and 7 (seven) days per week.
2. In order to place the order, it is necessary to log into the Store using the created Account (concerns persons who registered themselves in the Store and created the Account) or to use the possibility to place the Order without registration, and proceed as follows:a) indicate the Products available in the Store the Client is interested in purchasing by using the option “ADD TO BASKET” (or equivalent); b) choose the way of delivery; c) provide, in a complete and true manner, the data of the Order’s recipient and the address where the Products are to be delivered or check the option of personal collection, and also provide the contact phone number; d) provide data for invoicing if these are different than the data provided for the Order’s delivery, if the Client needs the VAT invoice to be issued; e) choose the method of payment; f) confirm the Order, including the total price of the Order with delivery and possible additional costs (if such would occur), and the fact of familiarization with these Regulations by clicking the option “Order now and pay” (or other equivalent). Until the moment of the Order placement confirmation – clicking the option „Order now and pay” (or other equivalent) – the Client has the possibility to modify the Order.
3. The Order placement by the Client constitutes an offer for the Seller to enter the Sale (purchase) Agreement of the ordered Product/Products.
4. After placing the Order, an automatic e-mail will be sent to the e-mail address of the Client provided on the Client’s Account or during the process of Order placement for purchases without registration confirming that the Client’s Order placement is received by the Seller. This e-mail is not equal to the statement on the offer acceptance, mentioned in section 3 hereinabove, and the conclusion of the Sale Agreement. If the Order’s execution is possible, an e-mail will be sent to the Client’s e-mail address with a confirmation of the Order acceptance for execution. At the moment of the Order acceptance by the Seller, the Sale Agreement between the Seller and the Client is concluded having as its object the ordered Products and is executed under conditions determined by these Regulations.
5. The Sale Agreement concluded between the Client and the Seller concerning the purchase of given Product from the Store is subject to time-limits and lasts throughout the period of the Order execution. The place of performance connected with the Product purchasing in the Store is the delivery address indicated by the Client, with the reservation of products collected personally by the Clients, where the place of performance is the personal collection point chosen by the Client.
6. The Administrator neither controls nor verifies the identification data of the Clients provided by the Clients during the Order placement process. The Client declares, that the data provided during the Order placement process are true. The Administrator may condition the Client’s Order acceptation on the authentication of the provided data in duly justified cases when suspicions that the data is false exist. The Client is obliged to update the data necessary for the Order execution and to immediately inform the Seller about each change of the data which has an influence on the proper execution of the Order.
7. The availability of the Product chosen by the Client is the condition of the Order’s execution. If the chosen Product and/or part of the Products included in the Order would not be available, the Seller must immediately inform the Client about the fact with a request to make decision concerning further proceedings in case of the Order’s execution. The lack of the Client’s decision concerning the way of the Order’s execution or lack of possibility to contact the Client caused by circumstances beyond the control of the Seller, after 7 days of receiving the above mentioned information from the Seller, is equal to the Client’s withdrawal from the execution of the Order, and the Order is automatically cancelled. If the Client has already paid for the Product – the Seller will reimburse the amount paid for the Order including paid delivery costs within 14 (fourteen) days from the Order cancellation. If the Order would be executed partially because of the lack of Products ordered by the Client, the Client bears the costs only for the delivery of the first consignment. The delivery costs of other consignments resulting from additional orders arising from the division of the original Order are borne by the Seller. Regardless of the Client’s rights described hereinabove, when the ordered Products are unavailable and there is no possibility to execute the Order placed by the Client, the Seller has the right to cancel the Order, and also must promptly inform the Client about the undertaken actions. If the Client has already paid for the Products – the Seller will reimburse the amount paid for the Order including paid delivery costs within 14 (fourteen) days from the Order cancellation.
§ 5. Prices of the products and payments
1. Prices provided next to the Products available in the Store are prices expressed in Euro and US Dollar including VAT in the statutory binding rate. The prices provided in the Store are binding at the moment of the Order placement by the Client. The cost of the Product delivery chosen by the Client of a value indicated in the Order will be added to the amount of the Order. The information concerning the total amount of the Order, including the cost of all products and their delivery in accordance with the method of delivery chosen by the Client, is introduced to the Client within the frameworks of the Client’s “Shopping basket”, placed order and in the e-mail concerning the Order acceptance for execution sent by the Seller.
2. The entity providing online payment services in the field of card payments is Blue Media S.A.
Available payment methods: Credit cards: * Visa * Visa Electron * Mastercard * MasterCard Electronic * Maestro
3. The Client does not have the possibility to pay for the part of the Order upfront and then for the part of the Order on delivery. The payment method may depend on the type of the product and/or the place of the Order’s collection.
4. The Client shall provide the name and surname/company name and the Order number in the transfer title. The lack of any of the abovementioned elements in the transfer title may extend the period of Order execution or cause a complete lack of possibility to execute the Order.
5. The Seller issues and provides the sales note (VAT invoice) to the Client after the Order execution.
6. If the payment for the ordered Products is not credited to the Seller’s account within 7 days from the Order acceptance for execution, the Order is automatically cancelled.
7. The Seller reserves the right to implement changes in the offer of his Products, especially in terms of the quantity and price of the sold Products, adding and removal of Products from the offer, and carrying out and cancelling promotion actions and sales. The right mentioned in the former statement does not influence the Order placed by the Client before the effective date of the change, especially the price, established rules of promotion actions or sales, which are to be executed under the same conditions.
8. The promotional offers available in the Store shall not be combined or mixed, unless the regulations of the given promotional offer or information provided in the Store state otherwise.
9. As far as the given Products available in the store are under the warranty, this information, including the detailed contents of the warranty, is provided with the description of this type of the Product.
§ 6. Delivery costs and delivery
1. The sending of the ordered Products is performed in a specific way indicated in the Order, within up to 14 working days from the Order acceptance for execution, where the delivery time declared by the carrier within Poland equals for the courier services approx. 20 working days.
2. The Ordered products will be delivered via Internationa Parcel Service (UPS) to the appointed in the Order postal address.
3. The delivery costs of the ordered products are borne by the Client and are added to the total value of the Order, where the delivery costs indicated every time in the Store are applied, considering the carriers’ tariffs.
§ 7. Withdrawal from the Sale Agreement and the products’ return
1. In accordance with the Act on Consumer Rights of 20 May 2014, the Client being a Consumer has the right to withdraw from the Sale Agreement concluded with the Seller within 14 days, without a justified reason in this regard, by submitting suitable statement. Consumer may submit the statement on a template of the form constituting an Appendix no. 2 to these Regulations, however it is not obligatory. In order to meet the withdrawal deadline, it is sufficient to send the statement before the deadline’s expiry.
2. The time to withdraw from the Sale Agreement starts for the Sale Agreement for which the entrepreneur forwards the product – from the moment when the Consumer, or other designated by the Consumer third party other than the carrier, takes possession of the product; and in case where the Sale Agreement covers many products which are provided separately, in batches, or in parts – from the moment when the Consumer takes possession of the last product, batch, or part.
3. The condition to withdraw from the Sale Agreement, in accordance with the section 1 hereinabove, is to send the ordered Products back to the Seller’s address provided in § 1. The Product return should be performed immediately, not later than 14 days from the day of the Consumer’s withdrawal from the Sale Agreement. In order to meet the withdrawal deadline, it is sufficient to send the Products back to the Seller’s address before the deadline’s expiry. The costs for the ordered Products’ return to the Seller are borne by the Consumer.
4. The reimbursement of the amount due resulting from the withdrawal from the Sale Agreement (such as all payments made by the Consumer, including delivery costs, with the reservation of section 5 hereinbelow) is performed using the same method of payment as the method used by the Consumer, unless the Consumer agrees to another method of reimbursement of the amount due, which does not generate any additional costs for the Consumer, immediately, not later than 14 days from the date when the statement concerning the withdrawal from the Sale Agreement is received. However, the Seller may suspend the reimbursement of payments received from the Consumer until the ordered Products are returned to the Seller, or until the proof of the Products’ dispatch is provided, whichever is the sooner.
5. If the Consumer chose a method of the Products’ delivery other than the least expensive type of standard delivery offered by the Seller, the Seller is not obliged to reimburse additional costs borne by the Consumer.
6. The Consumer bears responsibility for the decrease of the value of the Products resulting from the usage of the Products in a way that extends beyond the necessary manner to state the character, features and functioning of the Product.
7. In case of valid withdrawal from the Sale Agreement, the Sale Agreement is considered as not concluded.
8. Specific information concerning the exercise of the right to withdraw from the Sale Agreement, and also cases where the right to withdraw from the Sale Agreement is not applicable, are included in the Appendix no. 1 to these Regulations.
§ 8. Complaints
1. All products available in the Store are brand new, free of physical and legal flaws, and have been legally introduced into the Polish market.
2. The Seller is obliged to deliver the products to the Clients without physical or legal flaws. The physical flaw of the Products is the nonconformity of the delivered Products with the Sale Agreement. The Seller bears responsibility towards the Consumers for the flaws of the Products in accordance with the provisions of the Act of 23 April 1964 of the Civil Code and other generally applicable law regulations. In case of sales which are not consumer sales, in accordance with the Art. 558 item 1 of the Civil Code, the regulations of the Civil Code concerning the warranty are excluded.
3. Complaints concerning especially the Order’s execution and purchased Products, including the nonconformity of the Product with the Order, and also complaints concerning the Store’s provision of services by electronic means, should be reported via e-mail to the following address: firstname.lastname@example.org, or by letter to the Seller’s address provided in § 1. The complaint should include at least the name, surname, address, date of the Sale Agreement’s conclusion which constitutes a basis for the complaint, subject of the complaint with the indication of claim, e-mail or correspondence address, and a description of reported issues, and also a Product being the subject to the complaint with the proof of purchase in case of complaint concerning a Product, in order to allow the Seller to investigate the case and state the opinion concerning the validity of the reported claim or submitted statement.
4. If the data or information provided in the complaint require supplementing, the Seller will contact the person who reported the complaint to ask for supplementing in the required scope before the compliant is investigated.
5. Proper complaints will be investigated by the Seller within up to 14 days from the moment of the complaint’s receipt and sent to the e-mail address provided in the complaint, or correspondence address if the e-mail address is not provided by the person who reported the complaint. If the Seller does not comply with the Client’s claims within 14 days, it will mean that the complaint has been accepted.
6. If the complaint is investigated for the benefit of the Client – the Seller will immediately replace the defective Product for the Product which is free of flaws, or will remove the flaw. It does not influence the possibility for the Client to submit a statement concerning the reduction of the price or withdrawal from the Sale Agreement in accordance with the applicable provisions. In case of the lack of possibility to replace the Product, remove the flaw or reduce the price, the Seller will reimburse the amount due immediately in accordance with the applicable provisions of law.
7. The repaired or replaced Product is re-sent to the Client at the Seller’s expense.
8. The complaint investigation is performed in accordance with the provisions of the Civil Code of 27 July 2002 (Journal of Laws 2002, No. 141, item 1176) and other generally applicable regulations of law.
9. The Seller’s decision concerning the reported complaint is final, which does not exclude the Client’s right to pursue claims through legal proceedings in the court.
§ 9. Personal data
1. While performing the Account’s registration or placing the Order, the Client expresses the consent for the processing of data (including personal data) included in the entire registration form and Order by the Seller in the scope of the granted authorisation, especially within the scope of the execution of the Order placed in the Store and provision of services by electronic means performed by the Seller.
2. Personal data administrator is the Seller. Every Client has the right to access and update the data concerning the Client, and also has the right to demand the data removal. Personal data may be corrected or removed after logging into the Client’s Account or by a notification reported to the Seller.
3. The Seller processes personal data in order to provide services by electronic means, conclude and perform Sale Agreements on the Products ordered by the Client in the Store, perform the complaint investigation process, execute the procedure of the reimbursement of amount due in case of the withdrawal from the Sale Agreement, and if the Client consents to receive commercial information by electronic means in accordance with § 10 hereinbelow – also to send the Store Newsletter to the Client and other commercial information by electronic means to the provided e-mail address, including the information concerning the Administrator, Store, available products, offer, sales, and also information concerning the products and services of entities cooperating with the Administrator.
5. Personal data processing and protection is performed in accordance with applicable regulations, especially with the Act on Personal Data Protection (Journal of Laws of 1977, No. 133, item 883 as amended).
§ 10. Newsletter
1. The Client may consent to receive commercial information, including commercial information by electronic means, by checking appropriate option in the registration form or at a later time by entering e-mail address in the “Newsletter” form and clicking on the “Sign in” option. If such consent is provided, the Client will receive the Store Newsletter on the provided e-mail address and also other commercial information sent by the Seller, including information about the Administrator, Store, available products, offer and sales, and also information concerning products and services of entities cooperating with the Administrator. The Agreement on the provision of Newsletter services is concluded for an indefinite time.
2. The Client may resign from receiving the abovementioned commercial information individually, by unchecking the proper option on the Account or by reporting such request to the Seller.
§ 11. Out-of-court complaint and claim procedures
1. Client, being a Consumer, has the following possibilities to use the out-of-court complaint and claim procedures:
a) The Consumer has the right to request the permanent consumer arbitration court of the Trade Inspection to resolve the dispute resulting from the Sale Agreement concluded with the Seller;
b) The Consumer has the right to request the Voivodship Inspectorate for Trade Inspection to conduct a mediation procedure on the amicable settlement of the dispute between the Consumer and the Seller;
c) The Consumer may obtain free assistance on the settlement of the dispute between the Consumer and the Seller, also taking advantage of free assistance of the Poviat (municipal) Consumer Ombudsman or social organisation whose statutory activities cover the protection of consumers (e.g. The Consumers’ Association, The Association of Polish Consumers).
2. Detailed information concerning the possibility to use out-of-court complaint and claim procedures by the Consumer and the rules to access those procedures are available in the head offices or on the webpages of the Poviat (municipal) Consumer Ombudsmen, social organisations whose statutory activities cover the protection of consumers, Voivodship Inspectorate for Trade Inspection and on the following webpages: http://www.uokik.gov.pl and http://www.rzu.gov.pl.
3. The Consumer has the possibility to settle consumer disputes by electronic means of EU-wide online platform (ODR platform): http://ec.europa.eu/consumers/odr. The ODR platform is a multilingual, interactive webpage providing services to the consumers and entrepreneurs seeking to settle the disputes resulting from sale agreements concluded at a distance, or the agreements on the provision of services, in an out-of-court way.
§ 12. Final provisions
1. Any disputes between the Seller and the Client, who at the same time is not a Consumer, shall be settled by a competent court with respect to the Sellers head office.
2. Matters not covered by these Regulations shall be governed by applicable provisions of law in force on the territory of the Republic of Poland, including the Civil Code, Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended), Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014, item 827) and other applicable provisions of the Polish law.
3. The Seller makes every effort to provide services within the scope of the Store on the highest quality level, whereas the Seller reserves the right of temporary suspension of the Store’s availability, especially in case of the necessity to perform maintenance works, inspection, replacement of equipment, modernisation, or Store’s extension. Possible suspension of the Store’s availability does not influence the execution of placed Orders.
4. The Seller reserves the right to change the provisions of these Regulations, provided that it would not prejudice the already acquired by the Client rights (unless the changes result from the applicable provisions of law). The Seller will inform the Client about every change at least 30 days before the implementation by the publication of contents of new Regulations on the start page of the Store and additionally sending them to the e-mail address of the registered Client. The previous provisions of these Regulations will be applied to the Orders placed before the effective date of the change. If the Client does not accept the changes of the Regulations, he/she should discontinue using the Store and delete the Account.
5. The Regulations shall enter into force on 23th of May 2022.
6. The recognition of specific provisions of these Regulations in compliance with the law as null or ineffective does not affect the validity or effectiveness of other remaining provisions. The invalid provision will be replaced with another valid one that comes as close as possible to the invalid provision concerning its purpose and the purpose of all these Regulations.