Regulations
Terms and Conditions of the ZbylutGaleria Online Gallery Store
This document primarily sets out the rules on which contracts are concluded in the Store, including important information about the Seller, the Store and the rights afforded to Consumers.
TABLE OF CONTENTS
- 1 Definitions
- 2 Contact with the Seller
- 3 Technical requirements
- 4 Purchases in the Store
- 5 Payments § 6 Order fulfillment
- 7 Right of withdrawal from the contract
- 8 Exceptions to the right of withdrawal from the contract
- 9 Complaints
- 10 Personal data
- 11 Reservations Annex 1: Template withdrawal form
- 1 DEFINITIONS
Working days – days from Monday to Friday, excluding public holidays in Poland.
Consumer – a Buyer who is a natural person, purchasing in the Store or taking actions aimed at making a purchase, without a direct connection with their business or professional activity.
Account – a digital service regulated by separate terms and conditions pursuant to the Consumer Rights Act, through which the Buyer may use additional functions in the Store free of charge.
Buyer – any entity purchasing in the Store or taking actions aimed at making a purchase.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a Buyer who is a natural person, concluding or intending to conclude with the Seller a contract based on these Terms and Conditions directly connected with their business activity, but not having a professional character for them.
Collection point – deliveries are made to the location indicated by the Buyer via courier companies or, in the case of Warsaw and areas within 50 km of Warsaw, by the Seller. Terms and Conditions – these Terms and Conditions.
Store – the ZbylutGaleria online store run by the Seller at https://www.zbylutgaleria.pl. Seller – BOGUSŁAW JAN ŻUREK, an entrepreneur conducting business under the firm BOGUSŁAW ŻUREK IT&MORE, entered in the Central Register and Information on Economic Activity maintained by the minister competent for economic affairs, NIP 5861514453, REGON number 147385463, ul. Zgrupowania AK “Żmija” 13A/5, 01‑875 Warsaw.
Digital content – data produced and delivered in digital form.
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.
The provisions of the Terms and Conditions concerning products apply to both movable items (goods) and Digital content.
- 2 CONTACT WITH THE SELLER
- Postal address: ul. Zgrupowania AK “Żmija” 13A/5, 01‑875 Warsaw
- E‑mail address: sklep@zbylutgaleria.pl
- Telephone: 601 665 034
- Return address for goods (in case of withdrawal from the contract): ul. Zgrupowania AK “Żmija” 13A/5, 01‑875 Warsaw
- Address for sending claimed goods: ul. Zgrupowania AK “Żmija” 13A/5, 01‑875 Warsaw
- The cost of a telephone call or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or Internet service provider whose services are used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff adopted by the operator or Internet service provider used by the Buyer.
- 3 TECHNICAL REQUIREMENTS
- For the proper functioning of the Store, the following are required: – a device with Internet access; – a web browser supporting JavaScript and cookies.
- To place an order in the Store, in addition to the requirements specified in the preceding paragraph, an active e‑mail account is necessary.
- 4 PURCHASES IN THE STORE
- The prices of products visible in the Store are total prices for the product.
- The Seller notes that the total price of the order is comprised of the price indicated in the Store for the product and, where applicable, the costs of delivery of the goods.
- The selected product to be purchased should be added to the cart in the Store.
- The Buyer then chooses the method of delivery of the goods and the payment method for the order from among the options available in the Store, and also provides the data necessary to complete the order.
- The order is placed when its content is confirmed and the Terms and Conditions are accepted by the Buyer.
- Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
- The Buyer may register in the Store, i.e. set up an Account, or make purchases without registration by providing their data with each order.
- 5 PAYMENTS
The following payment methods are available in the Store:
- – a standard bank transfer to the Seller’s bank account;
- – through the payment platform: Shoper Payments.
- - Visa
- - Mastercard
- If the Buyer selects payment via the Shoper Payments platform, the entity providing online payment processing is Autopay S.A.
- The entity providing online payment services in the field of fast transfer payments is PayPro S.A. (Przelewy24)
- If the Buyer chooses to pay in advance, the order must be paid for within 3 Working Days of placing the order.
- By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw this acceptance.
- 6 ORDER FULFILLMENT
- The order fulfillment period is 5 working days.
- If the Buyer has chosen to pay in advance for the order, the Seller will begin fulfilling the order after it has been paid.
- Countries to which delivery is made:
- Poland;
- Austria, Belgium, Bulgaria, Cyprus, Czechia, Denmark, Estonia, Finland, France, Greece, Spain, the Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Malta, Germany, Portugal, Romania, Slovakia, Slovenia, Sweden, Hungary, the United Kingdom, Italy.
- The following delivery methods are available in the Store:
- by courier company;
- – electronically to the e‑mail address provided by the Buyer when placing the order in the case of Digital content.
- The Buyer may collect the goods in person at the Collection point during its opening hours.
- If the Buyer chooses personal collection, the goods will be ready for collection within the indicated order fulfillment period.
- 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
- A Privileged Buyer has the right to withdraw from a contract concluded with the Seller via the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
- The period for withdrawal from the contract expires after 14 days from the day:
- on which the Privileged Buyer took possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer took possession of those goods;
- on which the Privileged Buyer took possession of the last item, lot or piece or on which a third party other than the carrier and indicated by the Privileged Buyer took possession of the last item, lot or piece, in the case of a contract for the transfer of ownership of multiple goods that are delivered separately, in lots or in parts; –
- of conclusion of the contract – in the case of a contract for the supply of Digital content.
- In order to exercise the right of withdrawal, the Privileged Buyer must inform the Seller, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or e‑mail).
- The Privileged Buyer may use the model withdrawal form at the end of the Terms and Conditions, but this is not obligatory.
- To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send information regarding the exercise of their right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL FROM THE CONTRACT
- In the event of withdrawal from the contract, the Seller shall reimburse the Privileged Buyer all payments received from them, including the costs of delivery of the goods (except for additional costs resulting from the Privileged Buyer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller), without delay and in any event no later than 14 days from the day on which the Seller was informed of the Privileged Buyer’s decision to withdraw from the contract.
- The reimbursement will be made using the same payment methods as were used by the Privileged Buyer in the initial transaction, unless the Privileged Buyer expressly agrees to a different solution, in any case the Privileged Buyer will not incur any fees as a result of such reimbursement.
- If the Seller has not offered to collect the goods from the Privileged Buyer themselves, the Seller may withhold reimbursement until they have received the goods back or the Privileged Buyer has supplied evidence of having sent back the goods, whichever occurs first.
- The Seller asks that goods be returned to the address: ul. Zgrupowania AK “Żmija” 13A/5, 01‑875 Warsaw without delay, and in any event no later than 14 days from the day on which the Privileged Buyer informed the Seller of withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods before the period of 14 days has expired.
- The Privileged Buyer bears the direct cost of returning the goods.
- The Privileged Buyer is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
- If the goods, by their nature, cannot be returned in the usual way by post, the Privileged Buyer will also have to bear the direct costs of returning the goods. The Seller will inform the Privileged Buyer of the estimated amount of those costs in the product description in the Store or at the time of placing the order.
- 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The right of withdrawal from a distance contract referred to in § 7 of the Terms and Conditions does not apply to contracts:
- where the object of the performance is a non‑prefabricated item made to the Privileged Buyer’s specification or to satisfy their individualized needs;
- where the object of the performance is an item that is perishable or has a short expiry date;
- where the object of the performance is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery;
- where the object of the performance are items which, after delivery, by their nature, become inseparably connected with other things;
- where the object of the performance are audio or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
- for the supply of newspapers, periodicals or magazines, except for a subscription contract;
- where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
- for the supply of Digital content for which the Privileged Buyer is obliged to pay the price, if all of the following conditions are met:
- the Seller has begun the performance with the express and prior consent of the Privileged Buyer;
- the Privileged Buyer has been informed before the performance begins that after the performance by the Seller they will lose the right to withdraw from the contract and has acknowledged this;
- the Seller has provided the Privileged Buyer with lawful confirmation of the distance contract concluded, including information about the aforementioned consent, on a durable medium within a reasonable time after the conclusion of the contract and no later than at the time the performance begins.
- 9 COMPLAINTS
- GENERAL PROVISIONS
- The Seller bears liability towards the Privileged Buyer for the conformity of the performance with the contract, provided by generally applicable law, in particular the provisions of the Consumer Rights Act.
- The Seller asks that complaints (including those concerning the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
- If the product is covered by a guarantee, information about it and its conditions is available in the Store.
- The Seller will respond to the complaint within 14 days of receiving it.
- PRIVILEGED BUYERS
- Goods
- In the event of non‑conformity of the goods with the contract, the Privileged Buyer may exercise the rights set out in Chapter 5a of the Consumer Rights Act.
- The Seller is liable for any lack of conformity of the goods with the contract existing at the time of their delivery and revealed within two years of that time, unless the expiry date for using the goods, specified by the Seller, their legal predecessors or persons acting on their behalf, is longer.
- Under the provisions of the Consumer Rights Act, in the event of non‑conformity with the contract, the Privileged Buyer may request:
- replacement of the goods,
- repair of the goods.
- Additionally, the Privileged Buyer may submit a statement demanding:
- a price reduction,
- withdrawal from the contract
in a situation where:
- the Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
- the Seller has not brought the goods into conformity with the contract in accordance with Article 43d(4–6) of the Consumer Rights Act;
- the lack of conformity of the goods with the contract continues, despite the Seller’s attempts to bring the goods into conformity with the contract;
- the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the remedy specified in Article 43d of the Consumer Rights Act;
- the Seller’s statement or the circumstances clearly show that they will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience for the Privileged Buyer.
- In the case of goods subject to repair or replacement, the Privileged Buyer should make them available to the Seller. The Seller collects the goods from the Privileged Buyer at their own cost.
- The Privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
- In the event of withdrawal from the contract referred to in this section (concerning goods), the Privileged Buyer returns the goods to the Seller without delay at their cost, to the address ul. Zgrupowania AK “Żmija” 13A/5, 01‑875 Warsaw. The Seller reimburses the Privileged Buyer the price without delay, no later than 14 days from the day of receipt of the goods or proof of their return.
- The Seller refunds to the Privileged Buyer the amounts due as a result of exercising the right to a price reduction without delay, no later than within 14 days from the day of receiving the Privileged Buyer’s statement on the price reduction.
- Digital content
- In the event of improper performance by the Seller of a contract for the supply of Digital content, the Privileged Buyer may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
- If the Seller has not delivered the Digital content, the Privileged Buyer may request that it be delivered. If, despite this, the Seller does not deliver the Digital content immediately or within an additional period expressly agreed by the Privileged Buyer and the Seller, the Privileged Buyer may withdraw from the contract.
- The Privileged Buyer may withdraw from the contract without requesting delivery of the Digital content if:
- the Seller’s statement or the circumstances clearly show that they will not deliver the Digital content; or
- the Privileged Buyer and the Seller have agreed or the circumstances of the conclusion of the contract clearly indicate that a specific delivery date was essential for the Privileged Buyer, and the Seller has not delivered the Digital content within that time.
- The Seller is liable for the lack of conformity of the Digital content with the contract which existed at the time it was supplied and which became apparent within two years of that time.
- If the Digital content is not in conformity with the contract, the Privileged Buyer may demand that it be brought into conformity with the contract.
- In the event of a lack of conformity of the Digital content with the contract, the Privileged Buyer is obliged to cooperate with the Seller, within reasonable limits and using the least burdensome technical means for themselves, to determine whether the lack of conformity of the Digital content with the contract within the appropriate time is due to the characteristics of the Privileged Buyer’s digital environment.
- Additionally, if the Digital content is not in conformity with the contract, the Privileged Buyer may make a statement demanding:
- a price reduction,
- withdrawal from the contract,
when:
- bringing the Digital content into conformity with the contract is impossible or requires excessive costs in accordance with Article 43m(2) and (3) of the Consumer Rights Act;
- the Seller has not brought the Digital content into conformity with the contract within a reasonable time from the moment the Seller was informed by the Privileged Buyer of the lack of conformity with the contract, and without excessive inconvenience for the Privileged Buyer, taking into account the nature of the Digital content and the purpose for which it is used;
- the lack of conformity of the Digital content with the contract continues, despite the Seller’s attempts to bring the Digital content into conformity with the contract;
- the lack of conformity of the Digital content with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the remedy specified in Article 43m of the Consumer Rights Act (i.e. the request to bring the Digital content into conformity with the contract);
- the Seller’s statement or the circumstances clearly show that they will not bring the Digital content into conformity with the contract within a reasonable time or without excessive inconvenience for the Privileged Buyer.
- The Privileged Buyer may not withdraw from the contract on the basis of the previous provision if the Digital content is supplied in exchange for payment and the lack of conformity of the Digital content with the contract is immaterial.
- The Seller is obliged to refund to the Privileged Buyer the price due as a result of exercising the right to withdraw from the contract referred to in this section (concerning Digital content) or to reduce the price, without delay, no later than within 14 days from the day of receipt of the Privileged Buyer’s statement on withdrawal from the contract or price reduction.
- The Seller shall refund the price using the same method of payment that was used by the Privileged Buyer, unless the Privileged Buyer expressly agrees to another method of reimbursement that does not incur any costs for them.
- Out‑of‑court methods of handling complaints and pursuing claims
- The Seller informs the Consumer about the possibility of using out‑of‑court methods of handling complaints and pursuing claims. The rules of access to these procedures are available at the seats or on the websites of entities authorized to handle disputes out of court. The Consumer may use, among others:
- the assistance of the appropriate European Consumer Centre of the network of European Consumer Centres. The Centres provide information on consumer rights and help resolve a dispute in the case of cross‑border purchases. The assistance of the European Consumer Centres is generally free of charge. A list of Consumer Centres competent for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
- the Online Dispute Resolution platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
In addition, in the territory of the Republic of Poland it is possible to use the following forms of support:
- mediation conducted by the territorially competent Provincial Inspectorate of the Trade Inspection, to which a mediation request should be submitted. As a rule, the proceedings are free of charge. A list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
- assistance of the territorially competent permanent amicable consumer court operating at the Provincial Inspectorate of the Trade Inspection, to which an application for consideration of the case by the arbitration court should be submitted. As a rule, proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
- The previous provision is for information only and does not constitute an obligation of the Seller to use out‑of‑court means of dispute resolution.
- The use of out‑of‑court methods of handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
- The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.
- BUYERS OTHER THAN PRIVILEGED BUYERS
- To avoid doubt, the Seller notes that the provisions of § 11(7) apply to the Seller’s liability towards a Buyer other than a Privileged Buyer, in relation to a complaint.
- 10 PERSONAL DATA
- The controller of the personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as data recipients – is contained in the privacy policy available in the Store – due to the principle of transparency contained in the General Data Protection Regulation (EU) of the European Parliament and of the Council (GDPR).
- The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the fulfillment of orders. The legal basis for processing personal data in this case is:
- the contract or actions taken at the Buyer’s request to conclude it (Article 6(1)(b) GDPR),
- the legal obligation incumbent on the Seller related to accounting (Article 6(1)(c) GDPR), and
- the Seller’s legitimate interest consisting in processing the data for the purpose of establishing, pursuing or defending potential claims (Article 6(1)(f) GDPR).
- Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Store.
- The Buyer’s data provided in connection with purchases in the Store will be processed until:
- the contract concluded between the Buyer and the Seller ceases to apply;
- the Seller is no longer obliged by law to process the Buyer’s data;
- the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded via the Store ceases;
- the Buyer’s objection to the processing of their personal data is accepted
if the basis for data processing was the legitimate interest of the Seller – depending on what is applicable in a given case.
- The Buyer has the right to request:
- access to their personal data,
- rectification,
- erasure,
- restriction of processing,
- transfer of data to another controller and also the right:
- to object at any time to the processing of data for reasons related to the Buyer’s particular situation – in relation to the processing of their personal data based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the Seller).
- In order to exercise their rights, the Buyer should contact the Seller using the contact details in § 2 of the Terms and Conditions.
- If the Buyer believes that their data is processed unlawfully, the Buyer may lodge a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.
- 11 RESERVATIONS
- It is prohibited for the Buyer to supply unlawful content.
- Each order placed in the Store constitutes a separate contract and requires a separate acceptance of the Terms and Conditions. The contract is concluded for the time and purpose of fulfilling the order.
- All contracts concluded on the basis of these Terms and Conditions are governed by Polish law, subject to section 4.
- The choice of Polish law for contracts concluded on the basis of the Terms and Conditions with a Consumer does not exclude or limit the rights of that Buyer arising from mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide greater protection than that resulting from these Terms and Conditions or Polish law – this greater protection applies.
- Contracts concluded on the basis of the Terms and Conditions are concluded in the Polish language.
- In the event of a dispute with a Buyer who is not a Privileged Buyer, connected with a contract concluded via the Store, the competent court will be the court competent for the Seller’s registered office.
- All liability of the Seller towards a Buyer who is not a Privileged Buyer under a contract concluded via the Store – within the limits permitted by law – is excluded.
Annex 1 to the Terms and Conditions
Below is a model withdrawal form that a Consumer or Privileged Entrepreneur may, but is not obliged to, use:
MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
BOGUSŁAW ŻUREK IT&MORE
- Zgrupowania AK “Żmija” 13A/5,
01‑875 Warsaw
e‑mail address: sklep@zbylutgaleria.pl
– I/We() ………………………………… hereby inform you of my/our() withdrawal from the contract of sale of the following goods() / for the provision of the following service() / for the supply of Digital content in the form of(): ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
– Date of conclusion of the contract()/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 sent on paper)
Date…………………………
(*) Delete as appropriate.
Terms and Conditions for the Account in the ZbylutGaleria store
TABLE OF CONTENTS
- 1 Definitions
- 2 Contact with the Service Provider
- 3 Technical requirements
- 4 Account
- 5 Complaints
- 6 Right of withdrawal from the contract
- 7 Personal data
- 8 Changes to the Terms or the Account
- 9 Final provisions
- 1 DEFINITIONS
Consumer – a Service Recipient who is a natural person who has concluded, on the basis of the Terms and Conditions, a contract for the maintenance of an Account or takes actions aimed at concluding it, without a direct connection with their business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service Recipient, thanks to which the Service Recipient may use additional functions in the Store.
Privileged Entrepreneur – a Service Recipient who is a natural person concluding, on the basis of the Terms and Conditions, a contract for the maintenance of an Account (or taking actions aimed at concluding it), directly connected with their business activity but not having a professional character for them.
Terms and Conditions – these Account terms and conditions.
Store – the ZbylutGaleria online store run by the Service Provider at https://sklep.zbylutgaleria.pl
Service Recipient – any entity that has concluded a contract for the maintenance of an Account or takes actions aimed at concluding it.
Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider – BOGUSŁAW JAN ŻUREK, an entrepreneur conducting business under the firm BOGUSŁAW ŻUREK IT&MORE, entered in the Central Register and Information on Economic Activity maintained by the minister competent for economic affairs, NIP 5861514453, REGON number 147385463, ul. Zgrupowania AK “Żmija” 13A/5, 01‑875 Warsaw. Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.
- 2 CONTACT WITH THE SERVICE PROVIDER
- Postal address: ul. Zgrupowania AK “Żmija” 13A/5, 01‑875 Warsaw
- E‑mail address: sklep@zbylutgaleria.pl
- Telephone: 601 665 034
- The cost of a telephone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or Internet service provider whose services are used by the Service Recipient. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the operator or Internet service provider whose services the Service Recipient uses.
- 3 TECHNICAL REQUIREMENTS
For the proper functioning and creation of an Account the following are required:
- an active e‑mail account,
- a device with Internet access,
- a web browser supporting JavaScript and cookies.
- 4 ACCOUNT
- Setting up an Account is completely voluntary and depends on the will of the Service Recipient.
- The Account provides the Service Recipient with additional possibilities, such as viewing the history of orders placed by the Service Recipient in the Store, checking the status of an order or independently editing the Service Recipient’s data.
- To create an Account it is necessary to fill in the appropriate form in the Store.
- When an Account is created, a contract for the maintenance of the Account is concluded for an indefinite period between the Service Recipient and the Service Provider under the principles indicated in the Terms and Conditions.
- The Service Provider starts providing the Account service on the principles specified in the Terms and Conditions immediately after concluding the contract for the maintenance of the Account.
- The Service Recipient may resign from the Account at any time without bearing any costs.
- Deleting the Account results in the termination of the contract for the maintenance of the Account. To delete the Account, the Service Recipient should send their resignation from the Account to the Service Provider’s e‑mail address given in § 2 of the Terms and Conditions, resulting in the immediate deletion of the Account and termination of the contract for its maintenance.
- 5 COMPLAINTS
- GENERAL PROVISIONS
- The Service Provider asks that complaints concerning the Account be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
- The Service Provider will respond to a complaint within 14 days of receiving the complaint.
- PRIVILEGED SERVICE RECIPIENTS
- The Service Provider is liable towards the Privileged Service Recipient for the conformity of the performance with the contract, as provided by generally applicable law, in particular the provisions of the Consumer Rights Act.
- In the event of improper performance by the Service Provider of the contract for the maintenance of the Account, the Privileged Service Recipient may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
- If the Service Provider has not delivered the digital service, the Privileged Service Recipient may request that it be delivered. If, despite this, the Service Provider does not deliver the digital service immediately or within an additional period expressly agreed by the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the contract for the maintenance of the Account.
- The Privileged Service Recipient may withdraw from the contract for the maintenance of the Account without requesting delivery of the digital service if:
- the Service Provider’s statement or the circumstances clearly show that they will not deliver the digital service, or –
- the Privileged Service Recipient and the Service Provider have agreed, or the circumstances of the conclusion of the contract for the maintenance of the Account clearly show, that a specific delivery date for the digital service was essential for the Privileged Service Recipient, and the Service Provider has not delivered it by that date.
- The Service Provider is liable for the lack of conformity with the contract for the maintenance of the Account of a digital service supplied continuously, which occurred or became apparent while the digital service was to be supplied in accordance with that contract.
- If the digital service is not in conformity with the contract for the maintenance of the Account, the Privileged Service Recipient may demand that it be brought into conformity with that contract.
- In the event of a lack of conformity of the digital service with the contract for the maintenance of the Account, the Privileged Service Recipient is obliged to cooperate with the Service Provider, within reasonable limits and using the least burdensome technical means for themselves, to determine whether the lack of conformity of the digital service with the contract for the maintenance of the Account in the appropriate time is due to the characteristics of the Privileged Service Recipient’s digital environment.
- Additionally, if the digital service is not in conformity with the contract for the maintenance of the Account, the Privileged Service Recipient may submit a statement withdrawing from that contract when:
- bringing the digital service into conformity with the contract for the maintenance of the Account is impossible or requires excessive costs within the meaning of Article 43m(2) and (3) of the Consumer Rights Act;
- the Service Provider has not brought the digital service into conformity with the contract for the maintenance of the Account within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient of the lack of conformity with that contract, and without excessive inconvenience for the Privileged Service Recipient, taking into account the nature and purpose of the digital service;
- the lack of conformity of the digital service with the contract for the maintenance of the Account continues, despite the Service Provider’s attempts to bring the digital service into conformity with that contract;
- the lack of conformity of the digital service with the contract for the maintenance of the Account is significant enough to justify withdrawal from the contract for the maintenance of the Account without prior use of the remedy specified in Article 43m of the Consumer Rights Act (i.e. the request to bring the digital service into conformity with the contract);
- the Service Provider’s statement or the circumstances clearly show that they will not bring the digital service into conformity with the contract for the maintenance of the Account within a reasonable time or without excessive inconvenience for the Privileged Service Recipient.
- OUT‑OF‑COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
- The Service Provider informs the Consumer about the possibility of using out‑of‑court methods of handling complaints and pursuing claims. The rules of access to these procedures are available at the seats or on the websites of entities authorized to handle disputes out of court. The Consumer may use, among others:
- the assistance of the appropriate European Consumer Centre of the network of European Consumer Centres. The Centres provide information on consumer rights and help resolve a dispute in the case of cross‑border purchases. The assistance of the European Consumer Centres is generally free of charge. A list of Consumer Centres competent for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
- the Online Dispute Resolution platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
In addition, in the territory of the Republic of Poland it is possible to use the following forms of support:
- mediation conducted by the territorially competent Provincial Inspectorate of the Trade Inspection, to which a mediation request should be submitted. As a rule, the proceedings are free of charge. A list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
- assistance of the territorially competent permanent amicable consumer court operating at the Provincial Inspectorate of the Trade Inspection, to which an application for consideration of the case by the arbitration court should be submitted. As a rule, proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
- The previous provision is for information only and does not constitute an obligation of the Service Provider to use out‑of‑court methods of dispute resolution.
- The use of out‑of‑court methods of handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
- The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.
- 6 RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The Privileged Service Recipient has the right to withdraw from the contract concluded with the Service Provider for the maintenance of the Account within 14 days without giving any reason.
- The period for withdrawal from the contract for the maintenance of the Account expires after 14 days from the day of conclusion of that contract.
- In order for the Privileged Service Recipient to exercise the right of withdrawal from the contract, they must inform the Service Provider, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or e‑mail).
- The Privileged Service Recipient may use the model withdrawal form at the end of the Terms and Conditions, but this is not obligatory.
- To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information regarding the exercise of their right of withdrawal before the withdrawal period has expired.
- 7 PERSONAL DATA
- The controller of the personal data provided by the Service Recipient in connection with the conclusion of the contract for the maintenance of the Account is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and legal bases for data processing, as well as data recipients – is contained in the privacy policy available in the Store – due to the principle of transparency contained in the General Data Protection Regulation (EU) of the European Parliament and of the Council (GDPR).
- The purpose of processing the Service Recipient’s data is the maintenance of the Account. The legal basis for processing personal data in this case is the contract for the maintenance of the Account or actions taken at the Service Recipient’s request to conclude it (Article 6(1)(b) GDPR), as well as the legitimate interest of the Service Provider consisting in processing the data for the purpose of establishing, pursuing or defending potential claims (Article 6(1)(f) GDPR).
- Providing data by the Service Recipient is voluntary, but at the same time necessary to conclude the contract for the maintenance of the Account and to provide the services covered by it. Failure to provide the data means that the contract for the maintenance of the Account cannot be concluded and the Service Provider will not be able to provide the services covered by it.
- The Service Recipient’s data will be processed until:
- the contract for the maintenance of the Account ceases to apply;
- the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Account ceases;
- the Service Recipient’s objection to the processing of their personal data is accepted
- if the basis for data processing was the legitimate interest of the Service Provider
depending on what is applicable in a given case.
- The Service Recipient has the right to request:
- access to their personal data,
- rectification,
- erasure,
- restriction of processing,
- transfer of data to another controller and also the right:
- to object at any time to the processing of data for reasons related to the Service Recipient’s particular situation – in relation to the processing of their personal data based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the Service Provider).
- To exercise their rights, the Service Recipient should contact the Service Provider.
- If the Service Recipient believes that their data is processed unlawfully, they may lodge a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.
- 8 CHANGES TO THE TERMS OR THE ACCOUNT
- The Service Provider reserves the right to amend the Terms and Conditions only for important reasons. An important reason is understood as the need to amend the Terms and Conditions caused by:
- a change in the functionality of the Account, requiring a modification of the Terms and Conditions, or
- a change in legal provisions affecting the performance of the contract for the maintenance of the Account by the Service Provider or the adjustment of services to the recommendations, guidelines, orders or prohibitions, judgments, decisions, interpretations or decisions of authorized public authorities, or
- a change in the Service Provider’s contact or identification data.
- Information about a planned amendment to the Terms and Conditions will be sent to the Service Recipient’s e‑mail address assigned to the Account at least 7 days before the amendments come into force.
- If the Service Recipient does not object to the planned amendments by the time they come into force, they are deemed to accept them, which does not preclude terminating the contract in the future.
- If the Service Recipient does not accept the planned amendments, they should send information about this to the Service Provider’s e‑mail address given in § 2 of the Terms and Conditions, which will result in the termination of the contract for the maintenance of the Account when the planned amendments come into force.
- The Service Provider may make a change to the Account that is not necessary to maintain its conformity with the contract for the maintenance of the Account, for the reason indicated in paragraph 1(b) or due to a change in the functionality of the Account. Introducing the change referred to in the previous sentence will not involve any costs on the part of the Privileged Service Recipient. Paragraphs 2–4 apply accordingly.
- If a change referred to in paragraph 5 materially and negatively affects the Privileged Service Recipient’s access to or use of the Account, the Service Provider will send to the Privileged Service Recipient’s e‑mail address, in good time, on a durable medium, information about the features and timing of the change and the rights available to the Privileged Service Recipient in connection with that change.
- 9 FINAL PROVISIONS
- It is prohibited for the Service Recipient to supply unlawful content.
- The contract for the maintenance of the Account is concluded in the Polish language.
- The contract concluded on the basis of these Terms and Conditions is governed by Polish law, subject to paragraph 4.
- The choice of Polish law for the contract concluded on the basis of the Terms and Conditions with a Consumer does not exclude or limit the rights of the Consumer arising from mandatory provisions of law applicable to that Consumer in situations where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide greater protection than that resulting from these Terms and Conditions or Polish law – this greater protection applies.
- In the event of a dispute with a Service Recipient who is not a Privileged Service Recipient, connected with the contract for the maintenance of the Account, the competent court will be the court competent for the Service Provider’s registered office.
- All liability of the Service Provider in connection with the contract for the maintenance of the Account towards a Service Recipient who is not a Privileged Service Recipient, within the limits permitted by law, is excluded.
Annex 1 to the Terms and Conditions
Below is a model withdrawal form that a Consumer or Privileged Entrepreneur may, but is not obliged to, use:
MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
BOGUSŁAW ŻUREK IT&MORE
- Zgrupowania AK “Żmija” 13A/5,
01‑875 Warsaw
e‑mail address: sklep@zbylutgaleria.pl
– I/We() ………………………………… hereby inform you of my/our() withdrawal from the contract for the provision of the following service() / for the supply of Digital content in the form of(): ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
– Date of conclusion of the contract(*) ……………………………………………………………………………………………………………………………
– 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 sent on paper)
Date…………………………
(*) Delete as appropriate.
Newsletter Terms and Conditions in the ZbylutGaleria store
TABLE OF CONTENTS
- 1 Definitions
- 2 Contact with the Service Provider
- 3 Technical requirements
- 4 Agreement
- 5 Complaints
- 6 Right of withdrawal from the Agreement
- 7 Personal data
- 8 Changes to the Terms or the Newsletter
- 9 Final provisions
- 1 DEFINITIONS
Consumer – a Service Recipient who is a natural person who has concluded the Agreement or takes actions aimed at concluding it, without a direct connection with their business or professional activity.
Newsletter – messages concerning the Store, including information about offers, promotions and new products in the Store, delivered free of charge to the Service Recipient by the Service Provider under the Agreement, constituting digital content within the meaning of the Consumer Rights Act.
Privileged Entrepreneur – a Service Recipient who is a natural person concluding the Agreement (or taking actions aimed at concluding it), directly related to their business activity, but not having a professional character for them.
Terms and Conditions – these terms and conditions. Store – the ZbylutGaleria online store run by the Service Provider at https://www.zbylutgaleria.pl. Agreement – the agreement for the provision of the Newsletter.
Service Recipient – any entity that has concluded the Agreement or takes actions aimed at concluding it.
Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider – BOGUSŁAW JAN ŻUREK, an entrepreneur conducting business under the firm BOGUSŁAW ŻUREK IT&MORE, entered in the Central Register and Information on Economic Activity maintained by the minister competent for economic affairs, NIP 5861514453, REGON number 147385463, ul. Zgrupowania AK “Żmija” 13A/5, 01‑875 Warsaw.
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.
- 2 CONTACT WITH THE SERVICE PROVIDER
- Postal address: ul. Zgrupowania AK “Żmija” 13A/5, 01‑875 Warsaw
- E‑mail address: sklep@zbylutgaleria.pl
- Telephone: 601 665 034
- The cost of a telephone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or Internet service provider whose services are used by the Service Recipient. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the operator or Internet service provider used by the Service Recipient.
- 3 TECHNICAL REQUIREMENTS
To use the digital content covered by the Terms and Conditions the following are needed:
- an active e‑mail account;
- a device with Internet access;
- a web browser supporting JavaScript and cookies.
- 4 AGREEMENT
- The Service Recipient may voluntarily subscribe to the Newsletter.
- To receive the Newsletter, it is necessary to conclude the Agreement.
- E‑mail messages sent under the Agreement will be sent to the e‑mail address provided by the Service Recipient at the time of concluding the Agreement.
- To conclude the Agreement, the Service Recipient first provides, in the place designated for this in the Store, their e‑mail address to which they wish to receive messages sent under the Agreement. At the time of subscription to the Newsletter, an Agreement is concluded for an indefinite period and the Service Provider will begin its performance for the Service Recipient – subject to paragraph 5.
- For the proper performance of the Agreement the Service Recipient is obliged to provide their correct e‑mail address.
- The Newsletter is delivered immediately after the Service Provider has created messages intended for Service Recipients.
- Messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
- The Service Recipient may unsubscribe from the Newsletter without giving a reason and incurring any costs, at any time, using the option referred to in the previous provision, or by sending a message to the Service Provider’s e‑mail address given in § 2 of the Terms and Conditions.
- The use by the Service Recipient of the unsubscribe link or sending a message requesting to unsubscribe from the Newsletter will result in the immediate termination of the Agreement.
- 5 COMPLAINTS
- GENERAL PROVISIONS
- The Service Provider asks that complaints concerning the digital content covered by the Terms and Conditions be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
- The Service Provider will respond to a complaint within 14 days of receiving the complaint.
- PRIVILEGED SERVICE RECIPIENTS
- The Service Provider is liable towards the Privileged Service Recipient for the conformity of the performance with the Agreement, as provided by generally applicable law, in particular the provisions of the Consumer Rights Act.
- In the event of improper performance by the Service Provider of the Agreement, the Privileged Service Recipient may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
- If the Service Provider has not delivered the digital content covered by the Agreement, the Privileged Service Recipient may request that it be delivered. If, despite this, the Service Provider does not deliver the digital content covered by the Agreement immediately or within an additional period expressly agreed by the Privileged Service Recipient and the Service Provider, the Privileged Service Recipient may withdraw from the Agreement.
- The Privileged Service Recipient may withdraw from the Agreement without requesting delivery of the digital content covered by the Agreement if:
- the Service Provider’s statement or the circumstances clearly show that they will not deliver the digital content covered by the Agreement, or
- the Privileged Service Recipient and the Service Provider have agreed, or the circumstances of the conclusion of the Agreement clearly indicate, that a specific delivery date for the digital content covered by the Agreement was essential for the Privileged Service Recipient, and the Service Provider has not delivered the digital content by that date.
- The Service Provider is liable for the lack of conformity of the Newsletter with the Agreement which – due to the fact that the Newsletter is delivered on an ongoing basis – occurred or became apparent while it was supposed to be delivered under that Agreement.
- If the digital content covered by the Terms and Conditions is not in conformity with the Agreement, the Privileged Service Recipient may demand that it be brought into conformity with the Agreement.
- In the event of a lack of conformity with the Agreement of the digital content covered by the Terms and Conditions, the Privileged Service Recipient is obliged to cooperate with the Service Provider, within reasonable limits and using the least burdensome technical means for themselves, to determine whether the lack of conformity with the Agreement in the appropriate time is due to the characteristics of the Privileged Service Recipient’s digital environment.
- Additionally, if the digital content covered by the Terms and Conditions is not in conformity with the Agreement, the Privileged Service Recipient may submit a statement withdrawing from the Agreement when:
- bringing that digital content into conformity with the Agreement is impossible or requires excessive costs within the meaning of Article 43m(2) and (3) of the Consumer Rights Act;
- the Service Provider has not brought the digital content covered by the Terms and Conditions into conformity with the Agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient of the lack of conformity with the Agreement, and without excessive inconvenience for the Privileged Service Recipient, taking into account the nature of the digital content and the purpose for which it is used;
- the lack of conformity with the Agreement of the digital content covered by the Terms and Conditions continues, despite the Service Provider’s attempts to bring it into conformity with the Agreement;
- the lack of conformity with the Agreement of the digital content covered by the Terms and Conditions is significant enough to justify withdrawal from the Agreement without prior use of the remedy specified in Article 43m of the Consumer Rights Act (i.e. the request to bring the digital content into conformity with the Agreement);
- the Service Provider’s statement or the circumstances clearly show that they will not bring the digital content covered by the Terms and Conditions into conformity with the Agreement within a reasonable time or without excessive inconvenience for the Privileged Service Recipient.
- OUT‑OF‑COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
- The Service Provider informs the Consumer about the possibility of using out‑of‑court methods of handling complaints and pursuing claims. The rules of access to these procedures are available at the seats or on the websites of entities authorized to handle disputes out of court. The Consumer may use, among others:
- the assistance of the appropriate European Consumer Centre of the network of European Consumer Centres. The Centres provide information on consumer rights and help resolve a dispute in the case of cross‑border purchases. The assistance of the European Consumer Centres is generally free of charge. A list of Consumer Centres competent for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
- the Online Dispute Resolution platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
In addition, in the territory of the Republic of Poland it is possible to use the following forms of support:
- mediation conducted by the territorially competent Provincial Inspectorate of the Trade Inspection, to which a mediation request should be submitted. As a rule, the proceedings are free of charge. A list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
- assistance of the territorially competent permanent amicable consumer court operating at the Provincial Inspectorate of the Trade Inspection, to which an application for consideration of the case by the arbitration court should be submitted. As a rule, proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
- The previous provision is for information only and does not constitute an obligation of the Service Provider to use out‑of‑court methods of dispute resolution.
- The use of out‑of‑court methods of handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
- The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.
- 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- The Privileged Service Recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
- The period for withdrawal from the Agreement expires after 14 days from the day of conclusion of the Agreement.
- In order for the Privileged Service Recipient to exercise the right of withdrawal from the Agreement, they must inform the Service Provider, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the Agreement by means of an unequivocal statement (for example, a letter sent by post or e‑mail).
- The Privileged Service Recipient may use the model withdrawal form at the end of the Terms and Conditions, but this is not obligatory.
- To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information regarding the exercise of their right of withdrawal before the withdrawal period has expired.
- 7 PERSONAL DATA
- The controller of the personal data provided by the Service Recipient in connection with the Agreement is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and legal bases for data processing, as well as data recipients – is contained in the privacy policy available in the Store – due to the principle of transparency contained in the General Data Protection Regulation (EU) of the European Parliament and of the Council (GDPR).
- The purpose of processing the Service Recipient’s data is:
- the performance of the Agreement; the legal basis for processing personal data in this case is the Agreement or actions taken at the Service Recipient’s request to conclude it (Article 6(1)(b) GDPR);
- analysis of the effectiveness of the e‑mails sent under the Agreement, in order to determine general principles for effective mailing in the Service Provider’s business; the legal basis for processing personal data for this purpose is the Service Provider’s legitimate interest (Article 6(1)(f) GDPR);
- establishing, pursuing or defending potential claims related to the Agreement; the legal basis for processing personal data for this purpose is the Service Provider’s legitimate interest (Article 6(1)(f) GDPR).
- Providing data by the Service Recipient is voluntary, but at the same time necessary to conclude the Agreement and to deliver the digital content covered by it. Failure to provide data will mean that the Agreement cannot be concluded and the Service Provider will not deliver the digital content covered by it.
- The Service Recipient’s data will be processed until:
- the Agreement ceases to apply;
- the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Agreement ceases;
- the Service Recipient’s objection to the processing of their personal data is accepted
- if the basis for data processing was the legitimate interest of the Service Provider
– depending on what is applicable in a given case.
- The Service Recipient has the right to request:
- access to their personal data,
- rectification,
- erasure,
- restriction of processing,
- transfer of data to another controller and also the right:
- to object at any time to the processing of data for reasons related to the Service Recipient’s particular situation
- in relation to the processing of their personal data based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the Service Provider).
- To exercise their rights, the Service Recipient should contact the Service Provider.
- If the Service Recipient believes that their data is processed unlawfully, they may lodge a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.
- 8 CHANGES TO THE TERMS OR THE NEWSLETTER
- The Service Provider reserves the right to amend the Terms and Conditions only for important reasons. An important reason is understood as the need to amend the Terms and Conditions caused by:
- a change in the functionality of the Newsletter, requiring a modification of the Terms and Conditions, or
- a change in legal provisions affecting the performance of the Agreement by the Service Provider or the adjustment of services to the recommendations, guidelines, orders or prohibitions, judgments, decisions, interpretations or decisions of authorized public authorities, or
- a change in the Service Provider’s contact or identification data.
- Information about a planned amendment to the Terms and Conditions will be sent to the Service Recipient’s e‑mail address provided at the time of conclusion of the Agreement at least 7 days before the amendments come into force.
- If the Service Recipient does not object to the planned amendments by the time they come into force, they are deemed to accept them, which does not preclude terminating the Agreement in the future.
- If the Service Recipient does not accept the planned amendments, they should send information about this to the Service Provider’s e‑mail address given in § 2 of the Terms and Conditions, which will result in the termination of the Agreement when the planned amendments come into force.
- The Service Provider may make a change to the Newsletter that is not necessary to maintain its conformity with the Agreement, for the reason indicated in paragraph 1(b) or due to a change in the functionality of the Newsletter. Introducing the change referred to in the previous sentence will not involve any costs on the part of the Privileged Service Recipient. Paragraphs 2–4 apply accordingly.
- If a change referred to in the previous paragraph materially and negatively affects the Privileged Service Recipient’s access to or use of the Newsletter, the Service Provider will send to the Privileged Service Recipient’s e‑mail address, in good time, on a durable medium, information about the features and timing of the change and the rights available to the Privileged Service Recipient in connection with that change.
- 9 FINAL PROVISIONS
- It is prohibited for the Service Recipient to supply unlawful content.
- The Agreement is concluded in the Polish language.
- The Agreement concluded on the basis of these Terms and Conditions is governed by Polish law, subject to paragraph 4.
- The choice of Polish law for the Agreement concluded on the basis of the Terms and Conditions with a Consumer does not exclude or limit the rights of the Consumer arising from mandatory provisions of law applicable to that Consumer in situations where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide greater protection than that resulting from these Terms and Conditions or Polish law – this greater protection applies.
- In the event of a dispute with a Service Recipient who is not a Privileged Service Recipient, connected with the Agreement, the competent court will be the court competent for the Service Provider’s registered office.
- All liability of the Service Provider in connection with the Agreement towards a Service Recipient who is not a Privileged Service Recipient, within the limits permitted by law, is excluded.
Annex 1 to the Terms and Conditions
Below is a model withdrawal form that a Consumer or Privileged Entrepreneur may, but is not obliged to, use:
MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the Agreement)
BOGUSŁAW ŻUREK IT&MORE
Zgrupowania AK “Żmija” 13A/5,
01‑875 Warsaw
e‑mail address: sklep@zbylutgaleria.pl
– I/We() ………………………………… hereby inform you of my/our() withdrawal from the contract for the provision of the following service() / for the supply of Digital content in the form of(): ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
– Date of conclusion of the contract(*) ……………………………………………………………………………………………………………………………
– 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 sent on paper)
Date…………………………
(*) Delete as appropriate.