TERMS AND CONDITIONS
§ 1 General provisions
- The subject Regulations are regulated by:
1) general principles, terms and manner of sale conducted by the Seller via the Online Store,
2) the terms and conditions for providing the services free of charge by the Seller via electronic means.
- These Regulations shall apply to Sales Agreements concluded via the Online Store from March 1, 2019.
- The Seller may at any time change the provisions of these Regulations; these changes will be binding from the date of publication of the change on the Store Website and will apply only to contracts concluded from the date of the change on the Store Website.
- The Seller declares that the rights, including the intellectual property rights to the Online Store, its name, internet domain, designs, symbols and forms belong to it and are protected by law. Intellectual property rights to the Products displayed on the Shop Website belong to third parties.
§ 2 Explanation of terms used in the Regulations
Whenever these Regulations refer to:
- Personal data administrator – it means the Seller.
- Working days – this is to be understood as the days of the week from Monday to Friday, with the exception of the days deemed statutory to be free from work, falling in the period from Monday to Friday.
- Delivery – it means a factual act consisting in delivery to the Customer by the Seller, via the Supplier, of the Product specified in the Order.
- Suppliers – shall mean the entity providing the Customer with the ordered Product.
- Customer – it means a person who has concluded a Sales Agreement with the Seller via the Online Store.
- Consumer – means a natural person who performs with the Seller a legal action not related directly to its business or professional activity.
- Visitors – it means an entity using the Store Website.
- Products – it means products offered for sale by the Seller via the Online Store, in particular an e-book. Placing Products on the Store Website does not constitute an offer for sale within the meaning of the Act of 23 April 1964 – Civil Code, and only an invitation of Customers and Visitors to submit offers to purchase the Products offered.
- Entrepreneurs – it means a natural person, a legal person or an organizational unit that is not a legal person, the law provides for legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to its business or professional activity.
- Regulations – it shall mean these Regulations, made available on the Shop Website.
- Online Store – it means an online store operated by the Seller at the address https://scvolley.com/.
- Registration – it is understood as a factual act, required for the Customer to use the services provided by the Seller via the Online Store.
- Sellers – this is understood as business activity of MAXIMUS Dawid Gadula, Glinik 34/1, 31-990 Kraków, with NIP numbers: 6783175798 and REGON 381141136.
- Store website – it means a page made available at https://scvolley.com/, by means of which the Seller operates the Online Store.
- Permanent media – means a material or tool that allows the Customer or the Seller to store information personally directed to him in a way that allows access to information in the future for a reasonable time for the purpose of this information and which allows the stored information to be restored in an unchanged form .
- Sale agreement – it means a contract for the sale of the Product, concluded at a distance within the meaning of the Act of 30 May 2014 on consumer rights, under the terms of the Regulations, between the Customer and the Seller.
- Order – it means products ordered once by the Customer.
§ 3 The rules for placing orders
- Customers can place orders in the Online Store twenty four hours a day, seven days a week.
- Placing an Order is tantamount to submitting by the Customer of the Seller an offer to conclude an Agreement for the sale of Products being the subject of the Order.
- Placing an Order by the Customer takes place in such a way that the Customer selects the Products of interest on the Shop Website by selecting the “Basket” option located next to the Product that is of interest to him. After selecting all the products that interest it, which are the subject of the Contract of Sale, the Customer selects the payment method, the Delivery method and submits the Order by clicking, after presenting the total price for the Products and the cost of Delivery, the “Order with payment obligation” button.
- After placing an order by the Customer, the Seller sends a confirmation of placing the Order to the e-mail address provided by the Customer. After confirming the submission of the Order / along with sending the confirmation of the Order, the Seller shall send to the e-mail address provided by the Customer information on the transfer of the Order for execution. Then the Sales Agreement is considered concluded.
- After the Seller has sent a confirmation of the Order, the Seller confirms its terms by sending them on a Durable medium to the Customer’s e-mail address provided by him during the Registration.
§ 4 Payment rules
- The prices shown on the Store Website at the given Products are gross prices (including VAT) and do not include delivery costs.
- The Customer selects the method of payment for Products preferred by him, which after his selection can not be changed. The seller offers the following payment methods:
a) by payment card or by bank transfer through the SecurionPay external payment system, operated by Online Payments Group AG with headquarters in Switzerland – when placing an Order,
b) by debit card or bank transfer through an external PayPal payment system, operated by PayPal (Europe) S.à rl & Cie, SCA with registered office at address L-1150 in Luxembourg – when placing an Order.
c) by payment card or bank transfer via the DotPay external payment system, operated by Dotpay Sp. z o.o. based in Krakow – when placing an Order,
- The contract will be implemented:
a) in the case of a bank transfer – after the Customer has sent the confirmation of accepting the Order to the e-mail address provided by the Customer and after receipt of the correctly paid Order to the Seller’s bank account;
b) in the case of payment by credit card or bank transfer through the external PayPal payment system – after the Customer sends the confirmation of order acceptance and after receiving by the Seller electronic information from PayPal about the payment by the Customer;
If the payment is not made on time or in the right manner, the Seller shall provide the Customer with an additional seven-day deadline for making the payment and informs about it.
- Customer on a durable medium indicating at the same time that after ineffective expiration of this deadline Seller will withdraw from the Sales Agreement. In the event of an ineffective expiry of the additional deadline for making the payment, the Seller shall send the Customer a Durable Statement of the withdrawal from the Contract of Sale.
§ 5 The rules of making deliveries
- The delivery is carried out by the Seller via the Internet way in the form of a link (download link) to download the purchased file or files.
- The Seller places information on the number of Working Days needed for the Delivery and execution of the order on the Shop Website. If the Order can not be processed within this period, the Seller informs the Customer via email.
- The ordered Products are delivered to the address indicated by the Customer in the order form.
- On the day of sending the subject of the Order to the Customer, the information confirming the assignment of a unique link to be downloaded by the Seller shall be forwarded to the e-mail address provided by the Customer.
§ 6 Warranty for defects in sold Products
- The seller offers for sale products free from physical and legal defects. However, if the Products sold have physical or legal defects, the Seller is liable to the Customer.
- If the Product has a defect, the Customer may:
a) submit a statement of price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience to the Customer exchanges the Defective Product for a product free of defects or removes the defect.
This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the Product with a product free from defects or to remove defects. The customer may instead of removing the defect proposed by the Seller request replacement of the Product free from defects, or instead of replacing the Product demand removal of the defect, unless bringing things to compliance with the concluded Sales Agreement in a manner chosen by the customer is impossible or would require excessive costs compared to the method proposed by reseller. When assessing the excess of costs, the value of the Product free from defects, the nature and significance of the defect is taken into account, and the inconvenience to which the Customer would otherwise expose his claim.
b) request replacement of the defective Product with one free of defects or removal of the defect. The Seller is obliged to replace the defective Product with a product free of defects or to remove the defect within a reasonable time without undue inconvenience to the Customer.
The Seller may refuse to comply with the Customer’s request, if it is impossible to comply with the Agreement on the sale of the Defective Product in the manner chosen by the Customer or if it would require excessive costs compared with any other possible manner of compliance with the Sales Agreement. The Seller shall bear the costs of repairing or replacing the Product.
- The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the address of the Seller’s office at his own expense. In the case of the Customer being a Consumer, the delivery cost is covered by the Seller.
- The Seller shall be liable under the warranty if the physical defect of the Product is found within two years of its being delivered to the Customer. A claim for removing a defect or replacing the Product with one free from defects expires after one year, but the date may not end before the expiry of the date specified in the first sentence of this paragraph. Within this period, the Customer may withdraw from the Product Sales Agreement or submit a price reduction statement due to a Product defect. If the Customer requested a replacement of the Product free of defects or removal of the defect, the deadline to withdraw from the Product Sales Agreement or submitting a price reduction statement begins with the ineffective expiry of the Product replacement or defect removal deadline.
- The Seller enables the Customer who is a Consumer to use out-of-court resolution of consumer disputes.
- The Seller’s liability under the warranty for the defects of Products sold with respect to Clients being Entrepreneurs is excluded.
§ 7 Rules for submitting and processing complaints
- All complaints related to the Products or the implementation of the Product Sales Agreement, the Customer may submit to the Seller in writing or via electronic mail, providing the date of conclusion of the Product Sales Agreement and the Order number and its request.
- The Seller within 14 days from the date of delivery of the complaint, will respond to the complaint in writing or electronically to the e-mail address provided by the Customer.
§ 8 Withdrawal from the Product Sales Agreement
- The Customer who is a Consumer who has concluded the Product Sales Agreement may withdraw from it without giving any reason within 14 days.
- The period for withdrawal from the Contract of Sale starts from the moment the Product is taken over by the Customer.
- The Consumer may withdraw from the Sales Agreement by submitting to the Seller a statement on the withdrawal from the Product Sales Agreement.This statement may be submitted in writing to the address of the registered office of the Seller or via the Seller’s e-mail. The declaration may be submitted on the form.
- To meet the deadline, it is enough to send a statement before its expiry. The Seller immediately confirms to the Customer receipt of the form submitted via email.
- In the event of withdrawal from the Product Sales Agreement, it is considered void.
- If the Customer has made a declaration of withdrawal from the Product Sales Agreement before the Seller sends the confirmation of placing the Order, the offer submitted by the Customer ceases to be binding.
- The Seller is obliged to immediately, no later than fourteen days from the date of receipt of the Customer’s statement of withdrawal from the Contract of Sale, return all payments made by him, including the cost of Product Delivery to the Customer. The Seller may withhold reimbursement of payments received from the Customer until receipt of the product back or delivery of proof of sending the Product by the Customer, whichever occurs first.
- The Seller shall refund the payment using the same method of payment as that used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
§ 9 Rules for reporting threats or violations
- In the event that the Customer or other entity determines that the content published on the Store Website infringes or threatens their guaranteed general legal provisions in force in the Republic of Poland, may notify the Seller about a potential violation or threat of violation of these rights.
- The Seller is notified of a potential threat or violation, takes immediate action to remove content from the Store Website that is the cause of the violation.
§ 10 Personal data protection
- The Seller processes Clients’ personal data in order to fulfill orders and other purposes specified in the Regulations. The data is processed only on the basis of the provisions of the generally applicable law and the consent expressed by the Customer.
- The collection of personal data provided to the Seller is reported by the Seller to the Inspector General for Personal Data Protection.
- The Customer submits his personal data to the Seller voluntarily, with the reservation, however, that failure to provide certain data in the Registration process prevents the Registration and creation of the Customer Account and prevents the submission and execution of the Order.
- Each person providing their personal data to the Seller has the right at any time to access their content and to correct it or request its removal, and in cases provided by law, request to cease processing of personal data.
- The Seller provides the opportunity to delete collected personal data, in particular in the event of deleting the Customer Account.
- The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use by unauthorized persons.
- The Seller provides personal data of the Supplier’s Customer to the extent necessary to perform the Delivery.
- If the Customer selects a payment through the PayU system, his personal data is transferred to the extent necessary for the payment to PayU SA with its registered office in Poznań (60-166), at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000274399.
§ 11 Termination of the Customer Account Agreement
- Both the Customer and the Seller may at any time terminate the Contract for maintaining the Customer Account, subject to the rights acquired by the other party before the termination of the Agreement with effect on the moment of reaching the other Party of the termination of the Agreement.
- The Customer who has registered, terminates the Customer Account Agreement by sending to the Seller a statement on this subject in writing to the address of the Seller’s office or electronically at the e-mail address provided.
- The Seller may terminate the Contract for running the Customer Account electronically by sending an appropriate statement to the Customer at the email address provided by the Customer during the Registration.
§ 12 Final Provisions
- The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients with the status of Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses by the Client being the Entrepreneur.
- The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
- The Seller informs that it is possible to use non-judicial means of dealing with complaints and pursuing claims. Entity authorized to out-of-court dispute resolution, referred to in § 7 para. 6 of the Regulations, the appropriate for the Seller is the Provincial Inspectorate of Trade Inspection. In addition, dispute resolution entities may also be consumer ombudsmen or Provincial Inspectorates of the Trade Inspection (whose list is posted on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
In addition, at the electronic site http://ec.europa.eu/consumers/odr/, there is an online platform for settling disputes between consumers and entrepreneurs at the European Union level (ODR platform)