Relax, your data is safe with us
Legal notice

Recommended products

TERMS AND CONDITIONS OF THE www.5zywiolow.com/shop ONLINE STORE

Date of publication: 24.05.2018
Date of update: 15.10.2018

The online store available at the internet address www.5zywiolow.com/shop is run by DOMINIK WAWRZYNIAK running a business under the name 5 Żywiołów DOMINIK WAWRZYNIAK entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the Minister responsible for economy, address of the place of business : Powstańców 34; 48-250 Głogówek and the address for postal service: Powstańców 34; 48-250 Głogówek, Tax Identification Number: 755-190-24-23, REGON: 360946089, e-mail address: [email protected], telephone number: 660207606.

Contact with the seller is possible via traditional mail, electronic mail and by calling the telephone number indicated above.

 

The online store www.5zywiolow.com/shop cares for the rights of consumers. The Consumer may not waive the rights conferred on him by the Act on Consumer Rights. The provisions of the contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place the provisions of the Consumer Rights Act apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the Consumer. In the event of any non-compliance of the provisions of these Regulations with the provisions of the above Act or the Civil Code, these provisions shall prevail and should be applied.

 

§ 1. Definitions.

1 WORKING DAY - one day from Monday to Friday, excluding public holidays, in accordance with the Labor Code.

2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.

3. ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.

4. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

5. CUSTOMER – an individual with full legal capacity, and in cases provided for by generally applicable regulations also an individual with limited legal capacity; a legal person or an organizational unit without legal personality, which the law grants legal capacity, and which intends to conclude or has concluded a Sales Agreement or an Agreement for the provision of Electronic Services.

6. ACCOUNT (CUSTOMER ACCOUNT) - a subpage of the Store, within which, among others, information about the Customer's Orders in the Online Store is collected.

7. NEWSLETTER – the newsletter is understood as the electronic form of the information bulletin, which is sent by e-mail to subscribers. Subscribing to the newsletter and its subsequent subscription is completely free and it covers only those users who have voluntarily expressed their willingness to receive it.

8. PRODUCT - a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller. The product is also understood as an entry ticket to events organized by the 5 Żywiłów Agency, available for purchase via the online store www.5zywiolow.com/shop.

9. TERMS AND CONDITIONS - these terms and conditions of the Online Store.

ONLINE STORE, STORE - online store available at the Internet address: www.5zywiolow.com/shop.

11. SELLER; SERVICE PROVIDER - DOMINIK WAWRZYNIAK running a business under the name Przedsiębiorstwo Handlowo-Usługowe 5 Żywiołów entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, with the address of the place of business: Powstańców 34; 48-250 Głogówek and the address for postal service: Powstańców 34; 48-250 Głogówek, Tax Identification Number: 755- 190-24-23, REGON: 360946089, e-mail address: [email protected], telephone number: 660207606

12. SALES AGREEMENT - a Product sales agreement being concluded or concluded between the Customer and the Seller via the Online Store.

13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store. Electronic services include: account, order form, newsletter.

14. SERVICE RECIPIENT – an individual with full legal capacity, and in cases provided for by generally applicable provisions also an individual with limited legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity - using or intending to use the Electronic Service.

15. CONSUMER RIGHTS ACT, ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).

16. ORDER - Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

17. CONSUMER – an individual making purchases in the Online Store in the scope not directly related to its business or professional activity.

 

§ 2. Introductory provisions.

1. The Seller conducts retail sales via the Online Store. Through the Store, the Customer may purchase products displayed on the Store's website.

2. The Terms and Conditions constitute an integral part of the sales contract concluded between the Customer and the Seller.

3. All product prices listed on the Store's websites are gross prices.

4. Products available on the Store's website are new products, unless the product description clearly indicates that they were used.

5. Technical requirements for using the Store, including the use of electronic services, necessary for cooperation with the ICT system used by the Service Provider:
- computer, laptop or other multimedia device with Internet access;
- access to e-mail;
- Internet browser: Mozilla Firefox version 3.0 and higher or Internet Explorer version 7.0 and higher, Google Chrome 8 and higher;

- minimum recommended screen resolution: 1024x768;

- wenabling cookies and Javascript support in the web browser.

6. Agreements in the Online Store are concluded in Polish, and in the case of Customers from outside Poland, in English, in accordance with the Extract from the Online Store Regulations, constituting an Annex to these Regulations.

 

§ 3. Electronic services in the Online Store.

1. The following Electronic Services are available in the Online Store: Account, Order Form, Newsletter..

2. Account - using the Account is possible after completing three consecutive steps by the Customer - (1) completing the Registration Form, (2) clicking the "Create an account" field and (3) confirming the willingness to create an Account by clicking on the confirmation link sent automatically to the provided e-mail address. In the Registration Form, it is necessary for the Service User to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.

3. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) themselves by submitting such an instruction using the options within the Account.

4. Order Form - in order to conclude a Product Sales Agreement using an interactive form, go to the website of the Online Store, select the Product and submit an Order using the interactive form based on the messages and information displayed to the Customer. When placing the Order, the following data necessary to place the Order should be provided: name and surname, address (street, house number, town and postcode), contact telephone number, Product, Product quantity, place and method of Product delivery, method of payment. Placing an Order via the interactive form takes place when you click on the CONFIRM THE ORDER field in the form. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate message to the e-mail address provided when placing the Order. When placing an Order using the interactive form - until the Order is placed - the Customer may modify the entered data. For this purpose, follow the displayed messages and information available on the website of the Online Store.

5. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer stops placing the Order through it.

6. Newsletter - The user subscribes to the mailing list by: entering the e-mail address in the appropriate registration form on the www.5zywiolow.com/shop website, activating the link contained in the e-mail sent automatically to the e-mail address provided, in order to check and confirm the information provided during registration. By accepting the terms of the Newsletter Regulations, the user agrees to the processing of his personal data for purposes related to the newsletter service.

The e-mail address provided by the user will not be used for purposes other than those presented above, and it will not be further processed and transferred to third parties.

7. The content provided to users via the newsletter will be legal. Each newsletter contains: information about the 5 Żywiołów Online Store as the sender, the filled "subject" field, information on how to unsubscribe from the newsletter. The user may at any time unsubscribe from the newsletter and remove their e-mail address from the database.

8. Technical requirements necessary for cooperation with the ICT system used by the Service Provider are included in §2 point 5 of these Terms and Conditions.

9. The Service Recipient is obliged to use the electronic services of the Online Store in a manner consistent with the law and morality, with respect for personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The recipient is prohibited from providing illegal content.

10. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure) may be submitted by the Service Recipient, in particular in electronic form via e-mail to the following address: [email protected], as well as in writing to the address: Powstańców 34, 48 - 250 Głogówek with a note: Internet shop 5 Żywiołów.

11. It is recommended to provide in the description of the complaint as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of irregularities and contact details - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

12. The Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission.

 

§ 4. Conditions for concluding a sales contract.

1. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. After selecting the appropriate option in the tab in the upper right corner of the Online Store, the price of the Product shown on the Online Store website is given in EURO and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs (and if the amount of these fees cannot be determined - about the obligation to pay them) the Customer is informed on the website of the Online Store when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.

2. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with §3 point 4 of the Regulations.

3. After placing the Order, the Seller confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement.

4. The conclusion of the Sales Agreement between the Customer and the Seller takes place upon receipt by the Customer of the above e-mail containing confirmation of receipt of the order if the Customer selects cash on delivery and personal collection.

5. The conclusion of the Sales Agreement between the Customer and the Seller takes place when the payment is credited to the Seller's bank account if the Customer selects payment by bank transfer to the Seller's account number.

6. If the Customer chooses to pay by bank transfer to the Seller's account number, the Seller shall send the Customer confirmation of acceptance of the Order via e-mail within 48 hours of the payment being credited to the account.

7. Consolidating, securing and providing the Customer with the content of the concluded Sales Agreement takes place by providing these Regulations on the Online Store website and sending the Customer an e-mail message referred to in § 4 point 3 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

 

§ 5. Methods and terms of payment for the product.

1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

a. Cash on delivery.

b. Payment in cash upon personal collection.

c. Payment by bank transfer to the Seller's bank account:

 Bank: Alior Bank Głogówek

 Account number: 60 2490 0005 0000 4600 7991 3475

2. If the Customer chooses to pay by bank transfer, the Customer is obliged to make the payment within 7 calendar days from the date of sending the Order Form to the Seller. If the payment is not made, the sales contract will not be concluded. 

3. If the Customer selects the cash on delivery option, the Customer is obliged to make the payment on delivery.

4. If the Customer chooses to pay upon personal collection, the Customer is obliged to make the payment upon receipt of the product from the Seller.

 

§ 6. The cost, methods and date of delivery and collection of the product

1. Product delivery is available on the territory of the Republic of Poland and abroad.

2. The delivery of the Product to the Customer is payable, unless the Sales Agreement states otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the "Delivery costs" tab and when placing the Order, including when the Customer expresses they will to be bound by the Sales Agreement.

3. Personal collection of the Product by the Customer is free of charge.

4. The Seller provides the Customer with the following methods of delivery or collection of the Product:

a. Courier delivery.

b. Courier delivery with cash payment.

c. Personal pickup available at: Głogówek, Powstańców 34 - on Working Days, from 09:00 to 17:00.

5. The date of delivery of the Product to the Customer is from 21 to 28 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, may not exceed 28 Business Days. The period for delivery of the Product to the Customer starts to run from the date the Customer receives the confirmation of receipt of the Order sent by the Seller.

6. The deadline for the Product to be picked up by the Customer - if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 28 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest term provided, which, however, may not exceed 28 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order.

 

§7.  Product complaint.

1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code.

2. The Seller is obliged to provide the Customer with a Product without defects.

3. The complaint may be submitted by the Customer in writing to the following address: Powstańców 34, 48-250 Głogówek, or in electronic form via e-mail to the following address: [email protected]. The complaint must be accompanied by a proof of purchase of the Product, e.g. a receipt, order number, order transfer confirmation. The complaint must be accompanied by a proof of purchase of the Product, e.g. a receipt, order number, order transfer confirmation.

4. It is recommended that the Customer provide in the description of the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint, as long as the content of the complaint allows to establish the Customer's allegations towards the goods. provided that the content of the complaint allows to determine the objections of the Customer towards the goods.

4a. If the Customer reports a given defect for the first time and chooses to withdraw from the contract or submit a price reduction statement as a way to remedy the defect, the Seller has the right to resolve the selected claim by immediately replacing a product with a defect -free one or remove the defect.

5. The Seller will respond to the Customer's complaint immediately, no later than within 14-30 calendar days from the date of its submission, while the deadline is kept when the Customer has the first time to read the reply to the complaint (e.g. the date of the first notification correspondence with the customer, date of dispatch of e-mail correspondence). Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.

wherein the deadline is met when the customer has the first opportunity to read the content of the response to the complaint (e.g. the date of the first notification of correspondence at the Customer, the day of sending the e-mail correspondence).

6. If in order to resolve the Customer’s complaint or to exercise the Customer's rights under the warranty it is required to deliver the Product to the Seller, the Customer will be asked by the Seller to deliver the Product at the expense of the Seller to the address: Powstańców 34, 48-250 Głogówek. If, however, due to the type of defect, the type of the Product or the method of its installation, the delivery of the Product by the Customer would be impossible or excessively difficult, the Customer will be asked to make the Seller's Product available at the place where the Product is located after prior appointment.

7. The request to deliver the Product referred to in § 7 point 6 of the Terms and Conditions does not affect the deadline for the Seller to respond to the Customer's complaint referred to in § 7 point 5 of the Terms and Conditions and does not infringe the Customer's right to request the Seller to disassemble the defective Product and re-install the Product after replacing it with a non- defective one or remove the defect referred to in art. 5611 of the Civil Code. In the event that the Customer is a Consumer, he bears part of the costs related to disassembly and reassembly to the extent that these costs exceed the price of the item sold. If the Customer is the Consumer, he bears part of the costs related to disassembly and reassembly to the extent that these costs exceed the price of the item sold.1

§8. Out-of-court methods of dealing with complaints and redress as well as rules of access to these procedures.

1. Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.php.

2. The Customer who is a Consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:

a. The customer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer courts of arbitration are specified in the ordinance of the Minister of Justice of September 25, 2001 on the rules of organization and operation of permanent consumer courts of arbitration. (Journal of Laws 2001, No. 113, item 1214).

b. The customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of the Trade Inspection.

c. The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007707 and by the Polish Consumers Association at the email address [email protected]

 

§ 9. The right to withdraw from the contract

1. A Consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in § 9 point 8 of the Terms and Conditions. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted in writing to the following address: Powstańców 34, 48-250 Głogówek or in electronic form via e-mail to the following address: [email protected]

2. An example of a withdrawal form is included in Annex 2 to the Act on Consumer Rights.

3. The Customer who is a Consumer has the right to withdraw from the contract concluded with the Seller within 14 days from the date of the contract conclusion. To exercise the right to withdraw from the contract, the User must inform the Seller about his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or e-mail). In order to meet the deadline to withdraw from the contract, it is enough for the User to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.

4. In the event of withdrawal from a distance contract, the contract is considered void.

5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the Consumer's statement on withdrawal from the contract, return to the Consumer all payments made by them, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themself, they may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of his return, depending on which event occurs first.

6. The Customer is obliged to immediately, no later than within 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product themself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Powstańców 34, 48-250 Głogówek.

7. The Consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8. Possible costs related to the Consumer's withdrawal from the contract, which the Consumer is obliged to bear:

a. The Consumer bears the direct costs of returning the Product.

b. In the case of a Product which is a service, the performance of which - at the express request of the Consumer - began before the deadline to withdraw from the contract, the Consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract.

9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:

a. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, they will lose the right to withdraw from the contract;

b. in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy their individual needs;

c. for the provision of accommodation services, other than for residential purposes, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision.

 

§ 10. Provisions relating to entrepreneurs

1. This section of the Terms and Conditions and the provisions contained therein apply only to Customers and Service Users who are not Consumers.

2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a Consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

3. In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

4. Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer, and for delay in transporting the shipment.

5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the parcel upon receipt. If they find that the Product has been lost or damaged during transport, they are obliged to perform all actions necessary to determine the carrier's liability.

6. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.

7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Customer an appropriate statement.

8. The liability of the Service Provider / Seller towards the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement, however not more than up to the amount of PLN 1,000. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Service User / Customer who is not a consumer.

9. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.

 

§ 11. Personal data in the online store

1. The administrator of personal data of the Service Users / Customers collected via the Online Store is the Seller.

2. Personal data of the Service Users / Customers collected by the administrator via the Online Store are collected - in accordance with the will of the Service User / Customer - in order to implement the Sales Agreement or contract for the provision of Electronic Services.

3. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.

4. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer's collected personal data to the selected entity servicing the above payments in the Online Store.

5. Service Recipient / Customer has the right to access their data and correct them. A request in this regard may be submitted in writing to the following address: Powstańców 34, 48-250 Głogówek or in electronic form via e-mail to the following address: [email protected]

6. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement or contract for the provision of Electronic Services results in the inability to conclude this contract. The data necessary to conclude a Sales Agreement or contract for the provision of Electronic Services are also indicated each time on the website of the Online Store before concluding a given contract.

 

Moreover, we inform that:

1. The administrator of the data indicated in the consent to the processing of personal data expressed above is 5 Żywiołów Agencja Artystyczno-Eventowa Dominik Wawrzyniak with its registered office at Powstańców 34, 48-250 Głogówek.

2. The purpose of collecting data is to process the order.

3. You have the right to access the data and rectify, delete or restrict its processing, as well as the right to object, request the cessation of processing and data transfer, as well as the right to withdraw consent at any time. In order to exercise your right, please contact the administrator by e-mail at: ___________________ or by phone at ___________. The customer also has the right to lodge a complaint with the supervisory authority - President of the Personal Data Protection Office.

4. Providing data is voluntary, but necessary to complete your order. If the data is not provided, it will not be possible to implement it.

5. The data provided by you may be made available to the following third parties: internet payment operators, buyers of the Seller's receivables, entities authorized under applicable law (in particular courts and state authorities), business information bureaus, entities providing payment, accounting and financial services, audit and control, debt collection, printing, document destruction, postal, courier.

6. The data provided by you will not be subject to automated decision making, including profiling.

automated decision making, including profiling.

7. The data controller does not intend to transfer personal data to a third country or an international organization.

8. Personal data will be stored for the period necessary to perform the order and the warranty for the Products sold or resulting from legal provisions, from the day on which consent to the processing of personal data was expressed.

and validity of the warranty for the Products sold

9. Personal data may be processed on the basis of art. 6(1)(f) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC in situations where the processing is necessary for the purposes of the legitimate interests pursued by the administrator or by a third party, except where these interests are overridden by the interests or fundamental rights and freedoms of the data subject, which require protection of personal data, in particular when the data subject the data subject is a child. In particular, such processing may take place in the event of suspicion that the Customer has committed a prohibited act, the need to protect the life or health of the Customer or a third party, if data processing is necessary to achieve the purpose resulting from the legitimate interest of the administrator or a third party. As regards the admissibility of such processing, the controller will follow the conditions set out in Art. 6(4) of the above-mentioned regulation.

10. The club undertakes to process personal data to the extent indicated in this paragraph in accordance with the principles and requirements set out in Regulation (EU) 2016/679 of the European Parliament and of the Council.

11. In order to exercise your right, please contact the administrator by e-mail at: ___________________ or by phone at ___________.

§ 12. Cookies

1. The Seller uses cookies, i.e. small text information, stored on the Customer's end device (e.g. computer, tablet, smartphone). Cookies can be read by the Seller's IT system.

2. The Seller stores cookies on the Customer's end device and then gains access to the information contained therein for statistical purposes and to ensure the proper functioning of the purchasing process referred to in the Terms and Conditions.

3. The Seller informs customers that it is possible to configure the web browser in such a way that it prevents the storage of cookies on the customer's end device

4. The Seller indicates that cookies may be deleted by the Customer after they have been saved by the Seller, through the appropriate functions of the web browser, programs designed for this purpose or using appropriate tools available under the operating system used by the Customer.

5. The Seller informs that changing the configuration of the web browser that prevents or restricts the storage of cookies on the Customer's end device may cause irregularities in the purchasing process referred to in the Terms and Conditions.

 

§ 12. Final Provisions

1. Agreements concluded via the Online Store are concluded in Polish.

2. Agreements concluded via the Online Store with Customers residing abroad are concluded in English on the basis of the Extract from these Online Store Regulations translated into English, constituting an appendix to these Terms and Conditions.

3. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, that is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Terms and Conditions.

4. In the event of concluding continuous contracts on the basis of these Terms and Conditions (e.g. the provision of Electronic Services - Account), the amended regulations bind the Service Recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.

5. In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Terms and Conditions, amendments to the Terms and Conditions will not in any way infringe the acquired rights of Service Recipients / Customers who are consumers before the effective date of the amendments to the Terms and Conditions, in particular no amendments to the Terms and Conditions impact on already placed or placed Orders and concluded, implemented or performed Sales Agreements

6. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827 as amended); and other relevant provisions of generally applicable law.