Regulations of the Pilecki Institute Online Shop

Regulations of the Pilecki Institute Online Shop
determining, among others, the principles of concluding contracts of sale through the Shop, and containing the most important information about the Seller, the Shop, and the rights of Consumers

Provisions concerning Privileged Entrepreneurs are applicable to contracts concluded from 1 January 2021.

TABLE OF CONTENTS
§1 Definitions
§2 Contact with the Seller
§3 Technical requirements
§4 Making purchases at the Shop
§5 Payments
§6 Fulfillment of orders
§7 Right to withdraw from a contract
§8 Exceptions to the right to withdraw from a contract
§9 Complaints
§10 Personal data
§11 Additional stipulations
Attachment No. 1: Specimen contract withdrawal form


§1 DEFINITIONS
Business Day – every day from Monday through Friday with the exception of public holidays.
Consumer – a consumer in the meaning of the provisions of the Civil Code.
Buyer Account – a gratuitous functionality of the Shop subject to separate regulations (a service provided through electronic means), which allows Buyers to create individual accounts at the Shop.
Buyer – each single entity that makes purchases at the Shop.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a natural person who concludes with the Seller a contract which, although directly connected with their business activities, is not professional in nature for said person (this definition applies to contracts concluded from 1 January 2021).
Regulations – the present regulations.
Shop – the online shop of the Pilecki Institute, the business of which is conducted by the Seller at the address: https://www.sklepinstytutpileckiego.pl.
Seller – the WITOLD PILECKI INSTITUTE OF SOLIDARITY AND VALOR with its seat at 17 Foksal Street, 00-372 Warsaw, entered in the National Court Register, register of entrepreneurs, by the REGIONAL COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, XIITH ECONOMIC AFFAIRS DIVISION OF THE NATIONAL COURT REGISTER, under KRS No. 0000713483, holder of NIP tax identification number 5252735962 and of REGON statistical identification number 36923654400000.


§2 CONTACT WITH THE SELLER
Postal address: ul. Foksal 17, 00-372 Warszawa
E-mail address: sklep@instytutpileckiego.pl
Telephone: 538626237
Address for returns of goods (in the event of contract withdrawal): ul. Sienna 82, 00-815 Warszawa
Address for returns of defective goods: ul. Sienna 82, 00-815 Warszawa


§3 TECHNICAL REQUIREMENTS
Access to and proper functioning of the Shop requires:
- a device with internet access,
- a web browser supporting JavaScript and cookie files.
In addition to the requirements specified in Subparagraph 1, an active e-mail account is necessary to place orders.


§4 MAKING PURCHASES AT THE SHOP
The stated prices of goods at the Shop are complete prices.
The Seller would like to note that the final price of an order includes the stated price(s) of goods and, whenever applicable, the costs of delivery of goods.
Please select goods and add them to the shopping cart.
Next, select a delivery option and a method of payment, and also provide the data necessary for fulfillment of your order.
An order is placed once its contents are confirmed and the Regulations are accepted by the Buyer.
Placement of an order is tantamount to the conclusion of a contract of sale between the Buyer and the Seller.
The Seller will provide a Privileged Buyer with confirmation of contract conclusion on a permanent data carrier upon delivery of goods at the latest.
A Buyer may register at the Shop, that is create a Buyer Account, or make purchases without registration, which requires the resubmission of data when making subsequent orders.


§5 PAYMENTS
Buyers may choose from among the following payment options:
regular transfer to the bank account of the Seller;
payment platform:
Shoper Payments;
cash on delivery, that is payment by credit card or cash upon delivery of goods to the Buyer;
credit card or cash upon personal pickup of goods.
Online payments made through the Shoper Payments platform are handled by Blue Media S.A.
If a Buyer selects payment in advance, the order must be paid for within 3 Business Days of the date of placement.
The Seller would like to inform that due to their specificity, certain methods of payment may be used only after placement of an order.
By making purchases at the Shop, Buyers accept Seller’s usage of electronic invoices. Buyers are entitled to withdraw their acceptance.


§6 FULFILLMENT OF ORDERS
The Seller is obligated to deliver goods that are free of defects.
The order fulfillment time is given on the Shop’s website.
If the Buyer selects payment in advance for an order, the Seller shall commence fulfillment of the order once payment is made.
If the Buyer purchases goods with different delivery dates under a single order, the order will be fulfilled in accordance with the longest delivery date.
Goods can be delivered only on the territory of the Republic of Poland, USA, Great Britain and European Union countries.
Goods purchased at the Shop are delivered using the method of delivery selected by the Buyer:
- Courier
- Polish Post (Poczta Polska)
- InPost parcel lockers
- Buyers may pick up goods in person from the seat of the Institute during normal business hours.
If the Buyer selects personal pickup, goods will be ready for pickup on the indicated order fulfillment date, while if the Seller has provided a goods dispatch date – then in keeping with that date.


§7 RIGHT TO WITHDRAW FROM A CONTRACT
Privileged Buyers are entitled to withdraw from a contract concluded with the Seller through the agency of the Shop, subject to the provisions of §8 of the Regulations, within 14 days and without having to provide any reason for their decision.
The deadline for withdrawal from a contract expires within 14 days of that:
on which a Privileged Buyer entered into possession of goods or on which a third person other than the carrier and indicated by the Privileged Buyer entered into possession of goods;
on which a Privileged Buyer entered into possession of the final item or on which a third person other than the carrier and indicated by the Privileged Buyer entered into possession of the final item in the event of a contract transferring the ownership of many items which are delivered separately.
In order for a Privileged Buyer to be able to avail themselves of the right to withdraw from a contract, said Buyer must inform the Seller using the contact data provided under §2 of the Regulations of their decision to withdraw from the contract through an unequivocal declaration (for example, by means of a letter sent by conventional mail or of a notification submitted by e-mail).
The Privileged Buyer may use the specimen contract withdrawal form attached to the Regulations, however this is not obligatory.
In order to ensure that the deadline for withdrawal from a contract is kept, it will be sufficient for the Privileged Buyer to send information notifying that they have exercised their right to withdraw from the contract before expiry of the deadline for withdrawal from a contract.

EFFECTS OF WITHDRAWAL FROM A CONTRACT
In the event of withdrawal from a concluded contract, the Seller shall return to the Privileged Buyer the entirety of payments received therefrom – including the costs of delivery of goods (with the exception of additional costs due by way of the method of delivery selected by the Privileged Buyer, that is other than the lowest cost method of delivery offered by the Seller) – immediately, and in any event not later than 14 days of that on which the Seller was informed of the Privileged Buyer’s decision to exercise their right to withdraw from the contract.
The Seller shall reimburse the payment through the same method of payment that was used by the Privileged Buyer in the initial transaction, unless the Privileged Buyer shall consent to a different option, whereas in no instance will the Privileged Buyer incur any additional charges in connection with said reimbursement.
The Seller may withhold reimbursement until they receive the goods or are provided with proof of dispatch thereof by the Buyer, depending on which shall be the earlier.
The Seller requests that goods be returned to the following address: ul. Sienna 82, 00-815 Warszawa forthwith, and in any event not later than within 14 days of that on which the Privileged Buyer informed the Seller of their withdrawal from the contract of sale. The deadline shall be deemed kept if the Privileged Buyer shall return the goods within said period of 14 days.
The Privileged Buyer shall incur costs directly connected with the return of goods.
The Privileged Buyer shall be liable solely for any decrease in the value of goods ensuing from usage thereof in a manner and to an extent exceeding that which was necessary to ascertain the nature, features and functionalities of the goods.
If due to their nature goods cannot be ordinarily returned by post, the Privileged Buyer will also incur the costs directly connected with returning said goods. The Privileged Buyer shall be informed by the Seller of the estimated return costs thereof through the description of the goods given on the Shop’s website, or when placing their order.
In the event that it will become necessary to reimburse monies initially expended by the Privileged Buyer on goods to their credit card, the Seller will effect reimbursement to the bank account associated with said credit card.


§8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM A CONTRACT
The right to withdraw from a distance contract, referred to in §7 of the Regulations, does not apply to contracts:
wherein the subject of the performance are non-prefabricated items manufactured according to a specification provided by the Privileged Buyer or serving to satisfy their specific needs;
wherein the subject of the performance are quickly perishable items or ones having a short shelf life;
wherein the subject of the performance are items that are delivered in a sealed packaging, which, once opened, cannot be returned for reasons of health protection or hygiene;
wherein the subject of the performance are items that, once delivered, become inseparably connected with other items due to their very nature;
wherein the subject of the performance are sound or visual recordings or computer programs delivered in a sealed packaging, if the packaging has been opened following delivery;
for the delivery of daily papers, periodicals or magazines, with the exception of subscription contracts for such daily papers, periodicals or magazines;
pursuant to which the price or remuneration depends on fluctuations on financial markets, which are outside the control of the Seller and which may occur before expiry of the deadline for withdrawal from the contract.


§9 COMPLAINTS
In the event of it being determined that goods are defective, the Buyer may lodge a complaint concerning said goods on the basis of the guarantee or warranty provisions of the Civil Code, provided a guarantee has been granted therefor.
Citing warranty, the Buyer may, acting in accordance with the principles and deadlines set forward in the Civil Code:
submit a declaration for a reduction of the price,
if the defect is significant – submit a declaration of withdrawal from the contract,
demand that the item be replaced with one free of defects,
demand elimination of the defect.
The Seller hereby requests that warranty complaints be sent to the postal or electronic address indicated in §2 of the Regulations.
If it shall transpire that in order for the complaint to be considered it will be necessary to return the defective goods to the Seller, the Buyer will be obligated to send said goods, at the Seller’s expense in the event of a Privileged Buyer, to the address: ul. Sienna 82, 00-815 Warszawa.
If goods have also been provided with a guarantee, information about the guarantee and the terms and conditions thereof shall be available in the product description on the Shop’s website.
Complaints concerning the functioning of the Shop should be sent to the e-mail address indicated in §2 of the Regulations.
Complaints shall be considered by the Seller within 14 days.

THE EXTRAJUDICIAL CONSIDERATION OF COMPLAINTS AND PURSUIT OF CLAIMS
In the event that the complaints procedure does not bring about the outcome expected by the Consumer, the Consumer may avail themselves among others of the following:
mediation conducted by the territorially competent Provincial Inspectorate of the Trade Inspection, to which it is necessary to submit an application for mediation. Such proceedings are in principle free of charge. A list of Inspectorates is available on the following website: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
assistance of the territorially competent standing consumer arbitration court at the relevant Provincial Inspectorate of the Trade Inspection, to which it is necessary to submit an application for consideration of a case before said arbitration court. Such proceedings are in principle free of charge. A list of courts is available on the following website: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
assistance of the municipal or county consumer ombudsman, which is provided free of charge;
the ODR internet platform, which is available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.


§10 PERSONAL DATA
The Seller is the controller of the personal data submitted by the Buyer while using the Shop. Detailed information about the processing of personal data by the Seller – among others about other objectives of processing, the bases upon which personal data are processed, and the recipients of personal data – may be found in the Privacy Policy available on the Shop’s website, this in line with the principle of transparency set forward in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 – “the GDPR Regulation”.
The personal data provided by the Buyer while making purchases at the Shop are processed by the Seller for the purpose of fulfillment of orders. In this regard, personal data are processed on the basis of the following:
contract or actions undertaken at the request of the Buyer with the intention of concluding a contract (Article 6, Subparagraph 1, Letter b of the GDPR),
legal obligation incumbent upon the Seller and concerning bookkeeping (Article 6, Subparagraph 1, Letter c of the GDPR), and
legally justified interests of the Seller, consisting in the processing of personal data for the purpose of determining the existence of, pursuing, or defending possible claims (Article 6, Subparagraph 1, Letter f of the GDPR).
The provision of personal data by the Buyer is voluntary, however it is required for the purpose of concluding the contract. The non-provision of personal data shall render impossible the conclusion of a contract at the Shop.
The personal data of the Buyer provided in connection with their purchases at the Shop shall be processed until:
the contract concluded by the Buyer and the Seller expires;
the Seller ceases to be legally bound to process the personal data of the Buyer;
the Buyer or the Seller shall no longer be able to pursue claims in connection with the contract concluded through the Shop;
the Buyer’s objection to the processing of their personal data is accepted – when personal data were processed on the basis of the legally justified interests of the Seller
– depending on what shall be applicable in a given case and what shall be the latest to occur.
The Buyer is entitled to request:
access to their personal data,
the correction of their personal data,
the deletion of their personal data,
that the processing of their personal data be limited,
the transferral of their personal data to a different personal data controller, and also to:
lodge a complaint, this at any time, against the processing of their personal data on the grounds of the particular circumstances of the Buyer – when the processing of their personal data is conducted pursuant to the provisions of Article 6, Subparagraph 1, Letter f of the GDPR (that is on the basis of the legally justified interests pursued by the personal data controller).
In order to enforce their rights, the Buyer should contact the Seller using the data set forward in §2 of the Regulations.
Should the Buyer consider that their personal data are being processed contrary to the provisions of law, the Buyer may lodge an appeal with the President of the (Polish) Personal Data Protection Office.


§11 ADDITIONAL STIPULATIONS
It is prohibited for the Buyer to provide content that is illegal in nature.
Each order placed with the Shop constitutes a separate contract of sale and requires separate acceptance of the Regulations. The contract is concluded for the purpose of fulfilling the order and for the duration of the order fulfillment process.
Contracts concluded on the basis of the present Regulations are drawn up in Polish.
Any dispute with a Buyer who is not a Privileged Buyer shall be recognized by the court exercising ratione loci competence with respect to the seat of the Seller.

Attachment No. 1 to the Regulations
Hereunder please find a specimen contract withdrawal form which may – but does not have to be – used by a Consumer or a Privileged Entrepreneur:

SPECIMEN CONTRACT WITHDRAWAL FORM
(the form should be completed and sent only if it is the Buyer’s intention to withdraw from a contract)
INSTYTUT SOLIDARNOŚCI I MĘSTWA IMIENIA WITOLDA PILECKIEGO
ul. Foksal 17, 00-372 Warszawa
e-mail address: sklep@instytutpileckiego.pl
– I/we(*) ..................................................................... hereby inform of my/our(*) withdrawal from the contract of sale concerning the following items(*)/for the provision of the following service(*):

...........................................................................................................................................................................

...........................................................................................................................................................................

...........................................................................................................................................................................

– Date of conclusion of the contract(*)/of receipt(*)

...........................................................................................................................................................................

– Name and surname of the Consumer(s)/Privileged Entrepreneur(s):

...........................................................................................................................................................................

– Address of the Consumer(s)/Privileged Entrepreneur(s):

...........................................................................................................................................................................

...........................................................................................................................................................................

.............................................................................................
Signature of the Consumer(s)/Privileged Entrepreneur(s)
(only if the form is to be sent as printout)

Date ............................................
(*) Delete as appropriate.


Regulations Governing the Functioning of Buyer Accounts at the Pilecki Institute Shop

Provisions concerning Privileged Entrepreneurs are applicable to contracts concluded from 1 January 2021.

TABLE OF CONTENTS
§1 Definitions
§2 Contact with the Seller
§3 Technical requirements
§4 Buyer Account
§5 Complaints
§6 Personal data
§7 Additional stipulations


§1 DEFINITIONS
Consumer – a consumer in the meaning of the provisions of the Civil Code.
Buyer Account – a gratuitous functionality of the Shop which is subject to the Regulations (a service) and which allows Buyers to create individual accounts at the Shop.
Buyer – each single entity that makes purchases at the Shop.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a natural person who concludes with the Seller a contract which, although directly connected with their business activities, is not professional in nature for said person (this definition applies to contracts concluded from 1 January 2021).
Regulations – the present Buyer Account Regulations.
Shop – the online shop of the Pilecki Institute, the business of which is conducted by the Seller at the address: https://www.sklepinstytutpileckiego.pl.
Seller – the WITOLD PILECKI INSTITUTE OF SOLIDARITY AND VALOR with its seat at 17 Foksal Street, 00-372 Warsaw, entered in the National Court Register, register of entrepreneurs, by the REGIONAL COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, XIITH ECONOMIC AFFAIRS DIVISION OF THE NATIONAL COURT REGISTER, under KRS No. 0000713483, holder of NIP tax identification number 5252735962 and of REGON statistical identification number 36923654400000.

§2 CONTACT WITH THE SELLER
Postal address: ul. Foksal 17, 00-372 Warszawa
E-mail address: sklep@instytutpileckiego.pl
Telephone: 538626237


§3 TECHNICAL REQUIREMENTS
The creation and proper functioning of a Buyer Account requires:
an active e-mail account,
a device with internet access,
a web browser supporting JavaScript and cookie files.


§4 BUYER ACCOUNT
The creation of a Buyer Account is voluntary and dependent wholly on the will of the Buyer.
A Buyer Account provides the Buyer with additional functionalities, such as: reviewing the history of orders placed with the Shop, checking order status, and freely editing their personal data.
In order to create an Account, the Buyer must complete the appropriate form on the Shop’s website.
The creation of a Buyer Account is tantamount to the conclusion between the Buyer and the Seller of a contract for the administration of a Buyer Account for an indefinite period of time and in accordance with the terms and conditions set forward in the Regulations.
The Buyer may close their Buyer Account at any time without incurring any additional costs.
In order to close their Buyer Account, the Buyer must send their notice of resignation to the Seller to the following e-mail address: sklep@instytutpileckiego.pl, which shall result in the immediate deletion of the Buyer Account and termination of the contract for the administration of said Buyer Account.


§5 COMPLAINTS
Complaints concerning the functioning of a Buyer Account are to be sent to the e-mail address: sklep@instytutpileckiego.pl.
Complaints shall be considered by the Seller within 14 days.

THE EXTRAJUDICIAL CONSIDERATION OF COMPLAINTS AND PURSUIT OF CLAIMS
In the event that the complaints procedure does not bring about the outcome expected by the Consumer, the Consumer may avail themselves among others of the following:
mediation conducted by the territorially competent Provincial Inspectorate of the Trade Inspection, to which it is necessary to submit an application for mediation. Such proceedings are in principle free of charge. A list of Inspectorates is available on the following website: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
assistance of the territorially competent standing consumer arbitration court at the relevant Provincial Inspectorate of the Trade Inspection, to which it is necessary to submit an application for consideration of a case before said arbitration court. Such proceedings are in principle free of charge. A list of courts is available on the following website: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
assistance of the municipal or county consumer ombudsman, which is provided free of charge;
the ODR internet platform, which is available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.


§6 PERSONAL DATA
The Seller is the controller of the personal data submitted by the Buyer while using the Buyer Account. Detailed information concerning the processing of personal data by the Seller – among others about the other objectives of processing, the bases upon which personal data are processed, and the recipients of personal data – may be found in the Privacy Policy available on the Shop’s website, this in line with the principle of transparency set forward in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 – “the GDPR Regulation”.
The personal data provided by the Buyer are processed for the purpose of administrating their Buyer Account. In this regard, the basis of processing of personal data is the contract for the provision of a service or actions undertaken at the request of the Buyer with the intention of concluding said contract (Article 6, Subparagraph 1, Letter b of the GDPR), and also the legally justified interests of the Seller, consisting in the processing of personal data for the purpose of determining the existence of, pursuing, or defending possible claims (Article 6, Subparagraph 1, Letter f of the GDPR).
The provision of personal data by the Buyer is voluntary, however it is required for the purpose of administrating the Buyer Account. The non-provision of personal data shall render it impossible for the Seller to provide the service consisting in the administration of a Buyer Account.
The personal data of the Buyer shall be processed until:
the Buyer Account is deleted by the Buyer or by the Seller acting on the request of the Buyer;
the Buyer or the Seller shall no longer be able to pursue claims in connection with the Buyer Account;
the Buyer’s objection to the processing of their personal data is accepted – when personal data were processed on the basis of the legally justified interests of the Seller
– depending on what shall be applicable in a given case and what shall be the latest to occur.
The Buyer is entitled to request:
access to their personal data,
the correction of their personal data,
the deletion of their personal data,
that the processing of their personal data be limited,
the transferral of their personal data to a different personal data controller,
and also to:
lodge a complaint, this at any time, against the processing of their personal data on the grounds of the particular circumstances of the Buyer – when the processing of their personal data is conducted pursuant to the provisions of Article 6, Subparagraph 1, Letter f of the GDPR (that is on the basis of the legally justified interests pursued by the personal data controller).
In order to enforce their rights, the Buyer should contact the Seller.
Should the Buyer consider that their personal data are being processed contrary to the provisions of law, the Buyer may lodge an appeal with the President of the (Polish) Personal Data Protection Office.


§7 ADDITIONAL STIPULATIONS
It is prohibited for the Buyer to provide content that is illegal in nature.
Contracts for the administration of Buyer Accounts are drawn up and concluded in Polish.
The Seller is entitled to modify the Regulations for the important reasons referred to in Subparagraph 4.
The following are the important reasons mentioned in Subparagraph 3:
necessity of adapting the Shop to the provisions of law governing the activities of the Shop;
improving the security of service provision;
changes of Buyer Account functionalities requiring a modification of the Regulations.
The Buyer shall be informed of any planned modification of the Regulations no later than 7 days before such modifications enter into force by means of an e-mail communication sent to the e-mail address associated with the Buyer Account.
In the event that the Buyer shall not accept the planned modifications, they must inform the Seller thereof by sending the requisite notification to the e-mail address of the Seller: sklep@instytutpileckiego.pl, which shall result in termination of the contract for administration of a Buyer Account upon entry into force of the planned modification or earlier, if the Buyer so requests.
In the event that the Buyer shall not express their opposition to the planned modifications before the said come into force, it shall be understood that the Buyer accepts the said, which shall in no way hinder the possible termination of the contract in future.
Any dispute with a Buyer who is not a Privileged Buyer shall be recognized by the court exercising ratione loci competence with respect to the seat of the Seller.

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