§1 GENERAL PROVISIONS AND CONTACT INFORMATION
- The online store is avaible on the domain www.ksspkancelaria.pl and on relevant sub-sites and is operated by the Seller
- In the event of a complaint about a placed Order, please contact the Seller using the following contact details:
– e-mail address: biuro@ksspkancelaria.pl
– contact form available within the Store under the CONTACT tab at www.ksspkancelaria.pl. - The customer can communicate with the Seller using the e-mail address and the contact form available within the Store.
- The rules of use and placing of Orders, conclusion of Contracts for Sale of Products and making complaints within the framework of the Store are defined by these Regulations.
- The Seller shall make the Terms and Conditions available to the Customer or User free of charge before using the Online Store. The Customer may record the content of the Terms and Conditions in a convenient way, e.g. by recording on a permanent carrier or by printing.
- A condition for using the Store and concluding a Sales Contract is acceptance of the provisions of these Regulations. By accepting it, the Customer agrees to all the provisions and undertakes to abide by them.
- The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
- Information about the Products given on the Store’s websites, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, but are only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- In the use of the Store it is prohibited to provide information of an unlawful nature and, in particular, it is prohibited:
a) sending and posting spam within the Store
b) provide and transmit content prohibited by law, in particular within the forms on the Store and its sub-sites; - It is ordered that:
a) Use of the Store in a manner consistent with the Regulations and the law;
b) Use of the Store in a manner that does not interfere with its operation;
c) Use of any content posted on the Store’s subsites for personal use only, in accordance with the license granted (if any). - The customer may not make a purchase anonymously or under a pseudonym or using incorrect personal information.
§2 DEFINITIONS
The terms used in the Regulations mean:
- Seller – KOBĘDZA SZCZEPANKIEWICZ ADVOCATES AND COUNCILS LEGAL PARTNERSHIP, at ul. Starowiślna 1 /4, 31-038 Kraków, NIP: 6762647795 according to the document generated from the National Court Register system.
- Customer or User – a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, placing an Order within the Store and making purchases through the Store.
- Consumer – a natural person concluding a contract with the Seller under the Store, the subject of which is not directly related to its economic or professional activity.
- Entrepreneur on consumer rights – Entrepreneur who orders Products related to his business activity, but not of a professional nature for an entrepreneur, in accordance with Article 38 a of the Law on Consumer Rights and Article 385/5, Article 556/4, Article 556/5 and Article 576/5 of the Civil Code.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing
business activity on its own behalf, which uses the Store - Regulations – these Regulations of the Store.
- Online Store or Store – an online store available at www.ksspkancelaria.pl and its respective subpages through which the Customer may make Orders and purchases of certain Products.
- Product – a product purchased from the Store, available only electronically. Products are sold for a fee, unless expressly stipulated otherwise.
- E-Consultation – a consultation conducted with the client by phone or online.
- Sales Contract – a contract of sale of a Product concluded between the Seller and the Customer through the Store.
- Order – an action, a declaration of will of the Customer aiming directly at the conclusion of a Product Sales Agreement with the Seller and the fulfillment of performance for the Customer, under the terms and conditions indicated in these Regulations.
- Order form – a form of the Store, by means of which, the Customer can place an Order and execute the Sales Agreement.
- Agreement concluded at a distance – an agreement concluded with the Customer within the Store, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement
- Payment operator – Przelewy24 – the company Dialcom24 Sp. z o.o. with its seat in Poznań, ul. Kanclerska 15; 60-327 Poznań, registered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000306513, NIP: 781-173-38-52.
- Proof of payment – invoice or receipt issued in accordance with the Law on Tax on Goods and Services.
on Goods and Services of March 11, 2004 and other applicable laws. - Payment – payment to the Seller’s account via online payment methods available in the Store or payment upon receipt of the Product – depending on the chosen form of payment and the ordered Product.
- System – a set of cooperating IT devices and software, providing processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for the type of network (Internet).
- Working days – days of the week from Monday to Friday, except for public holidays.
- Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.
- Civil Code – the law of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter the Civil Code.
- RODO – means Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
- Personal Data Protection Act – the Act of May 10, 2018 on the protection of personal data (Journal of Laws 2018, item 1000, as amended).
- Telecommunications Law – the law of July 16, 2004. Telecommunications Law ( Journal of Laws 2004 No. 171 item 1800, as amended).
§3 TECHNICAL REQUIREMENTS
- The customer may use the provided functions of the online store in a manner consistent with the Regulations and applicable regulations and in a manner that does not interfere with the operation of the online store and other customers.
- To use the Store, including browsing the Store’s assortment and placing orders for Products, you need:
a) Internet access from an enabling device;
b) A properly configured, up-to-date version of a web browser that supports cookies, such as Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, Microsoft Edge;
c) An active and properly configured e-mail account. - The Seller shall provide technical measures to prevent the acquisition, modification or distortion of personal data and information by Customers and by unauthorized third parties.
- The Seller takes appropriate measures to ensure the proper functioning of the Store.
§4 PRODUCTS AVAILABLE IN THE STORE
- The following Products are available in the Store:
a) E-books,
b) Documents
c) Online training
d) Webinars - The specifics of each Product, its composition and characteristics can be found in the descriptions of the Product in the Store.
- The vendor also includes in its offer the possibility of conducting an E-Advice:
a) By telephone,
b) online, - E-Advice is provided on the basis of information sent by the customer electronically to the e-mail address biuro@ksspkancelaria.pl or through the contact form located on the subpages at www.ksspkancelaria.pl.
- In order to develop a comprehensive E-Consultation, the Vendor will interview the Client, including electronically (e.g., by email). The Client should send a description of the problem that is the subject of the consultation at least 48 hours before the date of the consultation.
- E-consultations are carried out within 7 working days after the Client sends an email or confirms the selected consultation date in the provided electronic calendar (if any) or by email.
- E-consultation is carried out by establishing a phone call, internet connection or sending an email to the client, depending on the arrangement.
§5 PLACING AND PROCESSING ORDERS, PRE-SALES OF PRODUCTS
- The Customer may purchase a Product by selecting it from the appropriate subpage of the Store. The Customer can choose among different variants of the Product at different prices (if such a possibility is clearly indicated in the Product description).
- After selecting a Product, in order to make a purchase, the Customer should take the next steps according to the messages displayed on the Store’s pages. The Customer should first click on the “Add to Cart” button shown with the price and product description, as a result of which the selected Product will be added to the shopping cart. Then, he can make further purchases or click on the “Proceed to Checkout” button and finalize the purchase on the next page.
- The customer has the option to enter the discount code, if he has one, in the field named “Coupon Code”. Then, after entering the discount code and clicking on the “Apply Coupon” button, the price will be modified accordingly. The customer can also enter the discount code in the next step, i.e. placing the order, by clicking on the “Have a coupon? Click here to add the code.”
- In order to place an Order, it is necessary for the Customer to provide the indicated data in the forms, depending on the selected option (individual/company):
a) names and surnames,
b) company names (optional)
c) address (street, building number, apartment number, postal code, city, country),
d) email address,
e) Company Tax ID,
f) enter any comments on the Order,
g) acceptance of the Terms and Conditions by checking the box marked “I have read and accept the Terms and Conditions and Privacy Policy”. Acceptance is necessary to complete and finalize the Order.
h) consent to the delivery of digital content before the withdrawal period (mandatory),
i) consent to the processing of personal data for the purpose of sending the newsletter (voluntary),
j) agreeing to the execution of the order by the Store by clicking on the “Buy and pay” button, which indicates the need to pay for the order.
Mandatory data to be entered are marked with an asterisk *. - In the process of placing the Order, the Customer is also obliged to make a choice as to the form of payment for the ordered Products, from those currently available in the Store.
- During the process of placing an Order – until the moment of clicking on the “Buy and pay” button. – The Customer has the possibility to modify the personal data he/she has provided and the data in terms of the Products he/she has selected, as well as in terms of the form of payment.
- The customer, when clicking on the “I buy and pay” button, is aware that the conclusion of the contract is associated with the obligation to pay the payment due to the Seller.
- Sending an Order by the Customer constitutes a declaration of the Customer’s will to conclude a Sales Agreement with the Seller, in accordance with the content of these Regulations.
- The customer makes payment by selecting one of the payment methods available in the Store, and then makes the payment.
- The fact that a purchase has been made is confirmed by an e-mail sent to the e-mail address provided by the Customer in the Order form.
- The Sales Agreement shall be considered concluded upon receipt by the Customer of the e-mail message referred to in paragraph 10 of this section. The Sales Agreement shall be concluded in the Polish language in accordance with the Terms and Conditions.
- The Seller reserves the right not to process the Order in case of:
a) incorrect/incomplete filling of the Order form (lack of all data needed to complete the Order),
b) Failure to receive payment within 3 days of placing the Order (in the case of choosing the transfer payment option). - The Seller may also conduct pre-sales of selected Products.
- Pre-order allows you to order a Product before its release at a special price.
- Pre-sale may include Products that are new and characterized by low availability, Products that are yet to be released in the Store.
- The date of availability of Pre-Order Products can be found in the Product description.
- Pre-sales cannot be combined with other promotions, unless something else is indicated in the description of the pre-sale offer.
- Products or bonuses purchased during the pre-sale, are fulfilled (e.g., added to the Customer Account) in the order of the Orders made and in accordance with the description of the offer.
§6 PRODUCT PRICES AND PAYMENT METHODS
- The prices of the Products posted on the Store’s website are gross prices and include all taxes required by applicable laws (including VAT).
- The Seller reserves the right to change prices of Products presented in the Store, introduce new Products, withdraw Products, conduct promotions and give discounts, as well as temporarily offer Products free of charge. The above entitlement does not affect Orders that were placed before the effective date of any of the changes. Details and duration are always included in the description of the Product in question.
- The duration of each promotion is limited. Discounts and promotions do not add up.
- The Customer may choose the following forms of payment for the ordered Products:
a) by bank transfer – paid directly to the Seller’s account. For this purpose, please contact the Seller at the contact details provided in the Terms and Conditions;
b) by electronic transfer – paid directly to the Seller’s account via the Przelewy24 system on the transfer in the field “Title”, please specify at least the Order number; - In the case of electronic payment, the product will be shipped after the transfer is received and credited to the Seller’s bank account.
- Each Order is accompanied by an invoice (by name or for the company, if company details are provided) in electronic version, which is sent to the Customer automatically, to which the Customer hereby agrees.
§7 PRODUCT DELIVERY – COSTS, FORMS AND DEADLINES
- The Products will be shipped within 24 hours from the time the Order is accepted for processing to the e-mail address that the Customer indicated in the Order form except for the Products referred to in paragraphs 2-3.
- In the case of consultations, training courses or other individual services ordered by the Customer and available in the Store – the service will be provided on a date individually agreed by the parties, on the date selected by the Customer in the online calendar (if available) or on the date indicated in the description of the Product in question or individually agreed by e-mail.
- In the case of Electronic Products, e.g., online courses or e-books, shipment of the downloadable Product or access to the relevant online course usually occurs immediately after payment is made and credited, unless otherwise indicated in the description of the relevant Electronic Product (especially in the case of pre-sales of the relevant Electronic Product). Access may also be granted on a recurring basis, in accordance with the course program and dates indicated in the description of the course or other Electronic Product.
- W If the Customer chooses to pay by prepayment, the Product shipping time is calculated from the date of crediting the payment to the Seller’s bank account.
- If, at the time of purchase, the Customer chooses to pay by prepayment, he/she undertakes to pay the funds immediately into the Seller’s bank account. If the payment to the Seller’s bank account is not made within 3 working days from the date of placing the Order in the Store (excluding Saturdays, Sundays and other public holidays), the Order is cancelled.
- It is understood that the day of payment, is the day of crediting the Seller’s bank account.
§8 ELECTRONIC SERVICES
- Through the Store, the Seller provides electronic services to the Customer.
- The basic service provided electronically to the Customer by the Seller is to enable the Customer to conclude a contract with the Seller electronically. The service
is provided free of charge, within the price paid for placing an Order. - The creation of an Individual Customer Account is not a prerequisite for placing an order in the Store.
- The Seller also provides a service to the Customer in the form of sending a newsletter, if the Customer has agreed to it. Details of the newsletter dispatch, subscription, cancellation are described in the privacy policy..
- In order to ensure the security of the Customer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures to prevent the acquisition and modification of personal data by unauthorized persons.
- The Seller takes measures to ensure the full proper functioning of the Store. The Customer is entitled to inform the Seller about any irregularities or interruptions in the functioning of the Store.
§9 COMPLAINTS
- The Seller shall be liable to the Customer, who is a consumer within the meaning of Article 221 of the Civil Code, for non-compliance with the Contract of Sale of the Products purchased by the Customer (warranty), and in accordance with the provisions of the Law on Consumer Rights and Article 556 et seq. of the Civil Code.
- The Seller is obliged to deliver the Product free of defects.
- The Seller is responsible to the Customer under the warranty for defects to the extent specified in the Civil Code, if the Product has a physical or legal defect.
- The Product complaint should contain data enabling the Customer to be identified (name, mailing address, e-mail address), the subject of the complaint (e.g. type and date of the defect) and the demands related to the complaint. If an incomplete complaint is received, the Seller will call the Customer to supplement it.
- The complaint should be sent to the e-mail address of the Seller specified in these Terms and Conditions.
- The Seller will respond to the complete complaint within 14 days of receipt of the complaint and will inform the Customer of further proceedings at the e-mail address of the complainant.
- The seller will process the customer’s personal data in order to process the complaint.
- The Customer may use the complaint form attached to these Terms and Conditions, and may also contact the Seller by e-mail to report a complaint and obtain information on the process of its processing.
- In the case of a Customer who is a Consumer, the costs of complaint shall be borne by the Seller, in particular the cost of delivering the Product to the Seller, as well as the cost of sending it back to the Customer by the Seller.
- In the case of a complaint about electronic Products or in connection with the use of free services provided electronically by the Seller, the Customer may report it electronically to the e-mail address indicated in these Regulations. In the notification, he should indicate a description of the problem that occurred and other data allowing identification of the problem. For this purpose, he may use the form attached to these regulations. The Seller shall promptly, but no later than within 14 days, consider and provide the Customer with an answer.
§10 WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
- The consumer has the right to withdraw from the contract within 14 days without giving any reason, subject to paragraph 7.
- The period for withdrawal from the contract for electronic products begins from the date of conclusion of the contract, as referred to in §5 paragraph 11.
- In order to exercise the right of withdrawal, the Consumer must inform the Seller of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by e-mail or through the contact form available on the Website). In order to meet the deadline for withdrawal, it is sufficient for the Consumer to send information regarding the exercise of his/her right to withdraw from the Contract before the expiry of the deadline for withdrawal.
- An example of the content of the statement (form) on withdrawal from the contract can be found in the appendix to these regulations.
- The Seller is obliged to immediately, no later than within 14 days of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivery of the Product.
- The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer.
- The right of withdrawal from a contract concluded at a distance does not apply to the consumer in the following cases:
a) for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the entrepreneur will lose the right to withdraw from the contract; - By accepting these Terms and Conditions and placing an Order for an Electronic Product, the Customer agrees to access the Electronic Product before the expiration of the deadline for withdrawal from the Sales Agreement and is aware that by doing so he/she forfeits the right to withdraw from the Agreement.
- If a corrective invoice is issued, the invoice will be issued by the Store at the time of refund to the Customer’s account. The invoice will be sent to the Customer electronically to the e-mail address provided when placing the Order, to which the Customer agrees.
§11 PROVISIONS FOR ENTREPRENEURS
- The provisions of this paragraph apply to Customers of the Store who are Entrepreneurs.
- In the case of sales of the Product in trade between entrepreneurs under Article 558 § 1 of the Civil Code, the parties exclude the liability of the Store under the warranty for physical and legal defects.
- In the case of Clients who are not Consumers, the Seller may terminate the contract for electronic services consisting in maintenance of the Client’s account with immediate effect and without indicating reasons by sending the Client a relevant statement, also electronically to the e-mail address provided by the Client for Account registration. This does not give rise to any claims against the Seller.
- The Seller has the right to withdraw from a contract concluded with a Customer who is not a Consumer without giving any reason, within 14 calendar days from the date of its conclusion, by sending the Customer a relevant statement, also electronically to the e-mail address provided by the Customer for Account registration. This does not give rise to any claims against the Seller.
- In relation to Customers who are Entrepreneurs, the Seller has the right to independently indicate and limit the available payment methods and require prepayment in full or in part, regardless of the payment method chosen by the Entrepreneur or the conclusion of the sales contract.
- The total liability of the Seller in relation to the Entrepreneur (Customer) for non-performance or improper performance of the sales contract, is limited to the amount of the paid price of the Product and the submitted Order, in case of intentional damage. The Seller shall not be liable for lost profits in relation to the Entrepreneur.
- Settlement of any disputes between the Seller and the Customer, who is not a consumer within the meaning of Article 221 of the Civil Code, shall be submitted to the court having jurisdiction over the seat of the Seller.
§12 PROVISIONS FOR ENTREPRENEURS ON CONSUMER RIGHTS
- Entrepreneur on the rights of a consumer, is such a businessman who makes purchases in the Store that are related to his business, but do not have a professional character for him, arising in particular from the subject of his business activity on the basis of the provisions of the Central Register and Information on Business Activity, in accordance with Article 38a of the Law on Consumer Rights.
- The Entrepreneur referred to in the first paragraph of this section will be affected by the provisions of these Regulations that apply to the Consumer, i.e., among other things:
a) Services provided electronically
b) Withdrawal from the contract by the Consumer
c) Complaints and Warranty,
to the limited extent of Article 38 a of the Consumer Rights Act and Articles 385/5, 556/4, 556/5 and 576/5 of the Civil Code. For the rest, the provisions of the Regulations on Entrepreneurs shall apply. - A businessman on the rights of a consumer, accepting these regulations during the purchasing process and then exercising his rights listed in this paragraph, should complete the appropriate form of complaint or withdrawal from the contract, in particular, the data confirming the circumstances supporting his status in accordance with Article 38a of the Law on Consumer Rights, or provide this information in other ways.
- The Entrepreneur referred to in the paragraph above declares in the form sent to the Seller or otherwise that the purchased Product(s) and thus the concluded sales agreement are directly related to his/her business activity, but they are not of a professional nature for him/her, arising in particular from the subject of his/her business activity under the provisions of the Central Register and Information on Business Activity, which he/she does to prove that he/she meets the conditions to be considered such an entrepreneur. The forms are annexes to these Regulations.
§13 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT
- Products and services provided by the Seller, available in the Store, content, text, logos, photos, company names, trademarks, logos of products of other authors, graphic design may constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights, are subject to legal protection and are the intellectual property of the Seller and/or third parties who are their owners/authors, and which have been made available only for the use of the Store, which the Customer accepts by accepting the Terms and Conditions.
- If the Customer intends to use the Product or the aforementioned items in a manner contrary to the manner indicated herein or their purpose and functionality, the Customer shall be obliged to obtain the Seller’s consent in documentary form.
- The Customer agrees to include his logotype in the list of the Seller’s customers, thereby granting him a non-exclusive, royalty-free, unlimited in time and territory license to use for the purposes of the Seller’s business in the following fields of operation: fixation in terms of digital recording in computer memory and on the Internet, multiplication by any technique, dissemination in the Store, on the Seller’s websites and in social media, public display so that anyone can have access to them at a place and time of their choice (among others. including on the Internet), as well as public display.
- The Seller grants the Customer a non-exclusive and non-transferable license, without the right to grant sublicenses, to use the subject matter of the contract/product. The Customer under the contract is authorized to use the Product only for its own purposes, without territorial restrictions, in the following fields of exploitation:
a) Print for your own use the materials in pdf. and doc. and docx. if it is due to the specifics of the Product and/or the Product description,
b) Record by digital method, modifications for their own use to the extent indicated in the relevant instructions or comments, such as on their own hard drive or in recommended external programs. - The license referred to in paragraph 4 is valid indefinitely from the date of the Order. The remuneration for granting the license shall be included in the payment made by the Customer.
- In particular, it is prohibited, both as to the whole Product and its parts, without the express consent of the Seller:
a) sharing and presenting the Product to third parties,
b) publishing the Product regardless of the form of publication, except for the publication allowed in the instructions or comments,
c) Copying, reproduction for purposes other than personal use. - You agree to exercise due diligence to ensure that the Products are not disclosed to unauthorized/third parties.
- The Seller hereby informs the Client that any distribution of any other content or Products made available by the Seller constitutes a violation of the law and may give rise to civil or criminal liability. The Seller may also claim appropriate compensation for material or immaterial damages in accordance with applicable laws.
- Vendor is entitled to periodically update Products (training courses, VODs, pdf, d, docx. materials, exercises, lessons, modules).
§14 PERSONAL DATA AND COOKIES
Pursuant to Article 13(1) and (2) of the RODO (i.e., Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data, and repealing Directive 95/46/EC) and the Act of May 10, 2018 on the protection of personal data, I inform you that:
- The administrator of the customer’s personal data is KOBĘDZA SZCZEPANKIEWICZ ADVOCATES AND LEGAL ADVISORS PARTNERSHIP,
at ul. Starowiślna 1 /4, 31-038 Kraków, NIP: 6762647795 in accordance with the document generated from the National Court Register system in the Regulations also the Seller. The Administrator himself/herself performs the tasks of the Personal Data Protection Inspector. You can contact the Administrator using the following details: e-mail: biuro@ksspkancelaria.pl or in writing to the Administrator’s address.
- The Customer’s personal data provided in the forms found in the Shop will be processed on the basis of the agreement concluded between the Customer and the Administrator, which is concluded as a result of accepting these Terms and Conditions, on the basis of Article 6(1)(b) RODO (necessity to conclude and/or perform the agreement). This is necessary for the performance of this agreement (the execution of the Product order and the creation of the Account) and the subsequent service of the Customer related to the concluded agreement.
- The Customer’s personal data may also be processed for the following purposes and on the following legal bases:
a) issuing an invoice and fulfilling other tax law obligations – on the basis of Article 6(1)(c) of the DPA (legal obligation);
b) the execution of payment transactions via an electronic payment operator – on the basis of Article 6(1)(b) of the DPA (necessity for the conclusion and/or performance of the contract);
c) the handling of complaints or claims – on the basis of Article 6(1)(b) of the DPA (necessity for the conclusion and/or performance of the contract);
d) the establishment, investigation or defence of claims – on the basis of Article 6(1)(f) RODO (legitimate interest of the controller);
e) telephone contact on matters relating to the provision of the service – on the basis of Article 6(1)(b) of the DPA (necessary for the conclusion and/or performance of the contract);
f) storage of unpaid orders – on the basis of Article 6(1)(f) RODO (legitimate interest of the controller);
g) the creation of records and registers related to the RODO – on the basis of Article 6(1)(c) of the RODO (legal obligation) and Article 6(1)(f) of the RODO (legitimate interest of the controller);
h) archival and evidential purposes, for the purpose of safeguarding information that can be used to prove facts – on the basis of Article 6(1)(f) RODO (legitimate interest of the controller);
i) the use of cookies on the website and sub-sites of the Shop – based on Article 6(1)(a) RODO (consent);
j) for the purpose of direct marketing to the Customer – on the basis of Article 6(1)(f) RODO (legitimate interest of the controller). - The provision of personal data is voluntary, but necessary for purposes related to the performance of the Contract and the fulfilment of the Administrator’s legitimate interests. Their failure to do so will result in the conclusion and performance of the Contract being impossible..
- The Customer’s personal data will be processed for the period of performance of the contract, as well as for the period of securing possible claims in accordance with generally applicable legal provisions. Thereafter, they will be deleted unless he/she decides to use the Administrator’s services and leaves them on another basis and for the purpose indicated to him/her.
- The customer’s personal data will be made available to other data recipients, such as, for example, IT system maintenance and hosting services, the provider of the e-mail service, the provider of the mailing service (newsletter) or the payment system, subcontractors and contractors involved in the online shop, etc.
- Due to the fact that the Administrator uses external providers of various services, e.g. Facebook and subsidiaries, Google, Microsoft, etc., the Customer’s data may be transferred to the United States of America (US) in connection with their storage on US servers (in whole or in part). Google and Facebook use the compliance mechanisms provided for by the RODO (e.g. certificates) or standard contractual clauses. They will only be passed on to recipients who guarantee the highest protection and security of your data, including by:
a) cooperation with processors of personal data in countries for which a relevant European Commission decision has been issued,
b) use of standard contractual clauses issued by the European Commission (as is the case with Google, for example),
c) the application of binding corporate rules approved by the competent supervisory authority,
or to those whose personal data the client has consented to. - The customer has the right to access the content of his/her data, to rectify, erase or restrict processing, the right to object to processing, the right to data portability, the right to request access to data, as well as the right to lodge a complaint to the supervisory authority – the President of the Office for the Protection of Personal Data – if he/she considers that the processing of his/her data is incompatible with current data protection legislation. He or she also has the right to be forgotten if further processing is not provided for by the currently applicable legislation.
- You also have the right to withdraw your consent at any time if you have provided your personal data on the basis of consent. The withdrawal of consent does not affect the processing that was carried out on the basis of consent prior to its withdrawal.
- The Customer’s data will not be processed by automated means, including profiling within the meaning of the RODO, which means that the Administrator will not make automated decisions that affect the Customer’s rights and freedoms.
- In order to ensure the security of the Customer and the transfer of data in connection with the use of the Shop, the Seller shall take technical and organisational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
- The detailed rules for the collection, processing and storage of personal data used to process orders through the Shop and the cookie policy are described in the Privacy Policy, which can be found at: www.ksspkancelaria.pl.
§15 OUT-OF-COURT DISPUTE RESOLUTION AND CONSUMER REDRESS PROCEDURES
- The Seller agrees to submit any disputes arising in connection with the concluded Product supply contracts to mediation. The details will be determined by the conflicting parties.
- The consumer has the possibility to use out-of-court complaint and redress procedures. Amongst others, the consumer has the possibility to:
a) apply to a permanent arbitration court for the settlement of a contractual dispute,
b) apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller,
c) use, free of charge, the assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). - More detailed information on out-of-court complaint and redress procedures can be found at http://www.uokik.gov.pl and at the offices and websites of county (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection or the Provincial Trade Inspection Inspectorates.
- The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales or service contract.
- The matter may only be dealt with by the arbitration court after the conclusion of the complaint procedure and if both parties to the dispute agree. Otherwise, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.
§16 FINAL PROVISIONS
- Contracts concluded through the Online Shop and services provided are performed in the Polish language and based on the provisions of Polish law.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, e.g.: changes in the law, changes in the methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions, changes in technology. The new Terms and Conditions enter into force on the day of their publication on the Seller’s website platform on the subpage: Terms and Conditions.
- Contracts concluded before the Rules were amended shall be governed by the version of the Rules in force on the date of conclusion of the Contract.
- Should any provision of these Terms and Conditions prove to be inconsistent with universally applicable laws and infringe consumer interests, the Seller declares the application of the indicated provision.
- Settlement of any disputes between the Seller and the Customer, who is a consumer within the meaning of Article 221 of the Civil Code, shall be submitted to the competent courts in accordance with the relevant provisions of the Civil Procedure Code.
- Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code, Act on Consumer Rights, Act on Providing Services by Electronic Means, Act on Combating Unfair Competition, Act on Personal Data Protection and General Regulation on Personal Data Protection (RODO).
Link to privacy policy: www.ksspkancelaria.pl
Link to these Regulations: www.ksspkancelaria.plAPPENDIX No 1 – MODEL COMPLAINT FORM IN THE CASE OF A CONSUMER
Place, date: …………………………….
Name and surname/company: …………………………….
Address of residence: ……………………………….
E-mail: …………………………….
Telephone number: …………………………….
Order number: …………………………….
Date of receipt of order: …………………………….
[seller data: name, address]
__________________________________
__________________________________
Product complaint
I hereby give notice that the purchase I made on………………………………………………. Product ……………………………………………………… ………………………………………………………
is defective.-
20.00 złOriginal price was: 20.00 zł.10.00 złCurrent price is: 10.00 zł.Poradnik Prawny
Rated 5.00 out of 520.00 złOriginal price was: 20.00 zł.10.00 złCurrent price is: 10.00 zł.Poradnik Prawny
Rated 5.00 out of 5Książka “Poradnik Prawny dla każdego” to niezbędne narzędzie dla osób poszukujących praktycznej wiedzy prawnej. Zbiorowa praca doświadczonych prawników przedstawia najważniejsze informacje dotyczące różnych dziedzin prawa, w sposób zrozumiały dla każdego.
The defect consists of …………………………………………………………………………………. ……………………………………………………………………………………………………………………………………………….……………………………………………………………………………………………………………………………………………………………………………………………………………..[description of the defect].
The defect was found in day…………………………………………………..
In view of the above, I demand:
- replacement of the goods with new ones (art. 561 § 1 of the Civil Code)
- repair the goods free of charge (Art. 561 § 1 of the Civil Code)
- a reduction in the price of the goods by the amount of ………………….. zł, in words: …………………………………………… zł (art. 560 § 1 cc),
- I withdraw from the contract (art. 560 § 1cc).
Bank account number for reimbursement: …………………………………………………………………………………………………………………………
Bank account holder: ………………………………..………………………………….
Date: ____________________ Consumer’s signature: _________________
ANNEX 2 – MODEL COMPLAINT FORM IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS
Place, date: …………………………….
Name and surname/company: …………………………….
Company address: ……………………………….
TAX ID: ……………………………
E-mail: …………………………….
Telephone number: …………………………….
Order number: …………………………….
Date of receipt of order: …………………………….
[seller data: name, address]
__________________________________
__________________________________
Complaining about a Product purchased by a trader under the rights of a consumer
I hereby give notice that the purchase I made on………………………………………………. Product ……………………………………………………… ………………………………………………………
is defective.-
20.00 złOriginal price was: 20.00 zł.10.00 złCurrent price is: 10.00 zł.Poradnik Prawny
Rated 5.00 out of 520.00 złOriginal price was: 20.00 zł.10.00 złCurrent price is: 10.00 zł.Poradnik Prawny
Rated 5.00 out of 5Książka “Poradnik Prawny dla każdego” to niezbędne narzędzie dla osób poszukujących praktycznej wiedzy prawnej. Zbiorowa praca doświadczonych prawników przedstawia najważniejsze informacje dotyczące różnych dziedzin prawa, w sposób zrozumiały dla każdego.
The defect lies in …………………………………………………………………………………. ……………………………………………………………………………………………………………………………………………….……………………………………………………………………………………………………………………………………………………………………………………………………………..[description of the defect].
The defect was found on…………………………………………………..
In view of the above, I demand:
- replacement of the goods with new ones (art. 561 § 1 of the Civil Code)
- repair the goods free of charge (Art. 561 § 1 of the Civil Code)
- a reduction in the price of the goods by the amount of ………………….. zł, in words: …………………………………………… zł (Article 560 § 1 of the Civil Code),
- withdraw from the contract (article 560 § 1cc).
Bank account number for reimbursement: …………………………………………………………………………………………………………………………
Bank account holder: ………………………………..………………………………….
At the same time, I declare that the purchased Product(s), and thus the concluded sales agreement, are directly related to my business activity, but they do not have a professional character for me, arising in particular from the subject of my business activity on the basis of the provisions of the Central Registration and Information on Business Activity Act, pursuant to Article 38a of the Consumer Rights Act.
As evidence of this, I list below the PKD for my business activity found in CEIDG:
- PKD NR …………………………… Description: ……………………………………………………………………
- PKD NR …………………………… Description: ……………………………………………………………………
- PKD NR …………………………… Description: ……………………………………………………………………
- PKD NR …………………………… Description: ……………………………………………………………………
- PKD NR …………………………… Description: ……………………………………………………………………
- PKD NR …………………………… Description: ……………………………………………………………………
- PKD NR …………………………… Description: ……………………………………………………………………
Date: ____________________ Signature: __________________
ANNEX 3 – MODEL FORMS OF WITHDRAWAL FROM A CONTRACT IN THE CASE OF A CONSUMER
Place, date: …………………………….
Name and surname/company: …………………………….
Address of residence: ……………………………….
E-mail: …………………………….
Telephone number: …………………………….
Order number: …………………………….
Date of receipt of order: …………………………….
[details of the seller: name, address]
__________________________________
__________________________________
Declaration by of withdrawal from an off-premises contract
I hereby declare that I withdraw from the contract ……………………………………………. No. …………………………………….. concluded on ………………………………………… concerning the following …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..
Please refund the amount ……………… zł (in words ………………………………………………………złotych) via:
- postal order to ………………………………………………………………..…. [fill in if applicable]
- to the bank account number: ………………………………………………………………………………………… [fill in if applicable],
Date: _____________________ Consumer’s signature: _____________
ANNEX 4 – MODEL FORMS OF WITHDRAWAL FROM A CONTRACT IN THE CASE OF A BUSINESSER WITH CONSUMER RIGHTS
Place, date: …………………………….
Name and surname/company: …………………………….
Company address: ……………………………….
NIP: ……………………………
E-mail: …………………………….
Telephone number: …………………………….
Order number: …………………………….
Date of receipt of order: …………………………….
[details of the seller: name, address]
__________________________________
__________________________________
Declaration
on withdrawal from an off-premises contract in the case of a trader with consumer rights
I hereby declare that I withdraw from the contract ……………………………………………. no. …………………………………….. concluded on ………………………………………… concerning the following : ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Please refund the amount ……………… zł (in words ………………………………………………………złotych) via:
- postal order to ………………………………………………………………..…. [fill in if applicable]
- to the bank account number: ………………………………………………………………………………………… [fill in if applicable],
At the same time, I declare that the purchased Product(s), and thus the concluded sales agreement, are directly related to my business activity, but they do not have a professional character for me, arising in particular from the subject of my business activity on the basis of the provisions of the Central Registration and Information on Business Activity Act, pursuant to Article 38a of the Consumer Rights Act.
As evidence of this, I list below the PKD for my business activity found in CEIDG:
- PKD NR …………………………… Description: ……………………………………………………………………
- PKD NR …………………………… Description: ……………………………………………………………………
- PKD NR …………………………… Description: ……………………………………………………………………
- PKD NR …………………………… Description: ……………………………………………………………………
- PKD NR …………………………… Description: ……………………………………………………………………
- PKD NR …………………………… Description: ……………………………………………………………………
- PKD NR …………………………… Description: ……………………………………………………………………
Date: _____________________ Signature: _____________