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Terms and Conditions of our online shop

 

  • 1

Preliminary provisions

 

  1. The online store available at www.oshpitzin.pl is operated by the Auschwitz Jewish Center Foundation with a place of business located in Oświęcim registered in the National Court Register directed by the District Court for Cracow City Centre in Kraków, XII Economic Department, under the KRS number 0000008436, VAT number 549-19-81-196, REGON number 070852496.

 

  1. These Regulations are addressed to Consumers and sets out the principles and procedures for the conclusion of a Distance Sales Agreement with a Consumer through the Shop. 

 

  • 2

Definitions

 

  1. Consumer – a natural person concluding an agreement with the Seller within the Shop, the subject of which is not directly related to its business or professional activity.
  2. The Seller – Auschwitz Jewish Center Foundation, registered in the National Court Register kept by the District Court for the City of Kraków-Śródmieście in Kraków, XII Economic Department, under KRS number 0000008436, VAT number 549-19-81-196, REGON number 070852496
  3. Customer – any entity making purchases through the Store.
  4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, doing business on its own behalf, which uses the Store.
  5. Store – an online store operated by the Seller at the Internet address www.oshpitzin.pl
  6. Distance sales agreement – an agreement concluded with the Customer within an organized system of contract conclusion at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.
  7. Regulations – the present regulations of the Store
  8. Order – Customer’s declaration of will submitted via Order Form and aiming directly at concluding a Sales Agreement of a Product or Products with the Seller.
  9. Account – Customer’s account in the Store, it contains data given by the Customer and information about Orders placed by them in the Store
  10. Registration form – a form available in the Store, allowing to create an Account.
  11. Order Form – an interactive form available in the Store that allows for placing an Order, in particular by adding Products to the Cart and determining the terms of the Sales Agreement, including delivery and payment methods.
  12. Shopping Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are displayed, as well as the possibility of determining and modifying the Order’s data, in particular the number of products.
  13. Product – a movable item/service available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.
  14. Sales Agreement – a contract of sale of a Product concluded between the Customer and the Seller via the Online Store. Sales Agreement is also understood as – in accordance with the characteristics of the Product – the contract for the provision of services and contract work.

 

  • 3

Contact with the store

 

  1. The seller’s address: Plac ks. Skarbka 5, 32-600 Oświęcim
  2. The seller’s e-mail address:  info@ajcf.pl
  3. The seller’s phone number: 573 086 436
  4. The Sellers bank account number 32 1240 1170 1111 0000 2418 5213
  5. The Customer can communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

 

  • 4

Technical requirements

 

To use the Store, including browsing the Store’s assortment and placing orders for Products, it is necessary to have:

  1. A device with access to the Internet and a web browser such as Google Chrome, Mozilla Firefox or Safari,
  2. an active electronic mail account (e-mail),
  3. cookies enabled,

 

  • 5

General information

 

  1. The Seller, to the greatest extent permitted by law, shall not be liable for malfunctions, including interruptions in Stores operations caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure. 
  2. Browsing the Store’s assortment does not require the creation of an Account. Placing orders for products in the Stores assortment by the Customer is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal information and address data to allow the Order to be processed without the need of creating an Account. 
  3. Prices given in the Store are given in Polish zloty and are gross prices (including VAT).
  4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal charges), of which the Customer is informed on the Store’s website when placing an Order.
  5. In the case of a Contract covering subscriptions or services for an indefinite period of time, the final (definitive) price is the total price including all payments for the billing period.
  6. If the nature of the subject matter of the Contract does not make it possible, in a reasonable estimation, to calculate the final price in advance, information about how the price will be calculated, as well as transport, delivery, postal and other fees, will be given in the Shop in the Products description.

 

  • 6

Creating an Account in the Store

 

  1. The Customer may create an Account in the Store free of charge.
  2. To set up an Account in the Store, the completion of Registration Form is required.
  3. Logging into the Account is done by providing a login and password established in the Registration Form.
  4. The Customer may at any time, without giving any reason and without incurring any fees delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.

 

  • 7

Rules for placing an Order

 

In order to place an Order, one must: 

  1. log into the Store (optional);
  2. select the Product that is the subject of the Order and then click on the “Add to cart” button (or equivalent);
  3. log in or use the option of placing an Order without registration.
  4. if chosen to submit an Order without registration – fill in the Order Form by entering the data of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the Order recipient,
  5. click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,
  6. choose one of the available payment methods and, depending on the payment method, pay for the order within a specified time, subject to § 8.3.

 

  • 8

Delivery and payment methods offered

 

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
  1. Postal delivery
  2. Delivery to a parcel machine InPost
  3. Personal collection available at the address of the Store

 

  1. Customer may use the following payment methods:
  1. Electronic payments
  2. Payment by bank transfer to the account of the Seller
  3. Payment upon personal collection

 

  1. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

 

  1. Products delivered outside the European Union may require the Buyer to pay customs duty or applicable tax according to the regulations in force in the country of destination. The Buyer is requested to contact the appropriate customs office to check the customs clearance charges and related costs.

 

  • 9

Performance of the sales contract

 

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after placing an Order by the Customer using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
  2. After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. The confirmation of the Order and its acceptance for execution is sent by the Seller to the Customer’s e-mail address given during the placement of the Order, which includes at least statements of the Seller about the acquisition of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receiving the abovementioned e-mail message by the Customer, the Sales Agreement between the Customer and the Seller is concluded.

 

  1. In the event the Customer selects:
  1. Payment via transfer or electronic payment, the Customer is obliged to make the payment within 3 calendar days from the day of concluding the Sales Agreement – otherwise the order will be cancelled.
  2. payment in cash upon personal collection of the purchase, the Customer is obliged to make payment upon collection of the purchase within 3 days from the date of receiving information of the purchase being ready for collection.
  1. If the Customer has chosen a method of delivery other than personal collection, the Product shall be dispatched by the Seller within the period indicated in its description (subject to paragraph 5. of this section), in the manner selected by the Customer while placing the order.
  2. a. When ordering Products with different delivery dates, the delivery date is the longest date given.
  3. When ordering Products with different delivery times, the Customer has the option to request the Products to be delivered in parts or all Products to be delivered when the entire order is complete.
  4. The start of the period for delivery of the Product to the Customer is calculated as follows:
  5. In the event the Customer chooses the method of payment by bank transfer or electronic payment – from the date of crediting the Seller’s bank account.

 

  1. In the event of choosing personal collection of the Product by the Customer, the Product will be ready for collection by the Customer on the date specified in the Products description. The Customer shall be additionally informed by the Seller about the readiness of the Product for collection by having an appropriate e-mail send to the Customer’s e-mail address given during the placement of the Order.
  2. When Products with different acceptance dates are ordered, the acceptance date shall be the longest date given. 
  3. Delivery of the Product takes place on the territory of Poland, the European Union and other countries after prior to an agreement with the Seller via e-mail.
  4. Delivery of the Product to the Customer is chargeable unless the Sales Agreement provides otherwise. Costs of Product delivery (including fees for transport, delivery and postal services) are indicated to the Customer on the website of the Online Store in the “Delivery Costs” tab and during the process of placing an Order, including also at the moment of expressing by the Customer the will to be bound by the Sales Agreement. 
  5. Personal collection of the product by the customer is free-of-charge. 

 

  • 10

Right of withdrawal

 

  1. The consumer may withdraw from the Sales Agreement within 14 days for any reason.
  2. The period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person indicated by the Consumer other than the carrier.
  3. In the event an Agreement involves multiple Products which are delivered separately, in batches or in parts, the period indicated in section 1 shall start from the delivery of the last item, batch or part.
  4. In the event an Agreement involves the regular delivery of Products for a specified period of time (subscription), the period indicated in section 1 shall start from taking possession of the first item.
  5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To maintain the deadline for withdrawal from the Agreement it is sufficient to send the statement by the Consumer before the expiry of this deadline.
  6. The statement may be sent via traditional mail, fax or electronically by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3. herein. The statement may also be submitted on a form, the template of which is attached as Appendix 1 to these Regulations and Appendix to the Act of 30 May 2014 on consumer rights, but this is not mandatory.
  7. In the event a statement is sent by the Consumer via e-mail, the Seller shall immediately send to the Consumer at the e-mail address provided by the Consumer confirmation of receipt of statement of withdrawal from the Agreement.
  8.  Effects of withdrawal from the Agreement:
  1. In the event of withdrawal from a Remote Agreement, the Agreement shall be deemed not to have been concluded.
  2. In the case of withdrawal from the Agreement the Seller shall return to the Consumer immediately, no later than within 14 days from the date of the acquisition of the Consumer’s declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivery of items, except for additional costs arising from the chosen by the Consumer way of delivery other than the cheapest ordinary way of delivery offered by the Seller.
  3. Reimbursement will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution, which will not be associated with any costs to him.
  4. The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
  5. The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the date on which he informed the Seller about withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.
  6. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not normally be returned by post.
  7. The Consumer shall only be liable for any diminished value of the Product resulting from the use of the Product in a manner other than that necessary to establish the nature, characteristics and functioning of the Product.
  1. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the cost of returning the Product, will be located in the store’s Product description.

 

  1. The right of withdrawal from a remote agreement does not apply to the Consumer in relation to the Agreement:
  2. in which the object of the supply is a non-prefabricated thing produced according to Consumer specifications or used to meet his individual needs,

b  in which the subject matter of the supply is an item delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery,

  1. in which the subject matter is a rapid-deterioration item or an item with a short shelf life,

d for the provision of services, if the Seller has fully performed the service with the explicit consent of the Consumer who was informed before the perfromance of the provision, that after the fulfillment of performance by the Seller, the Consumer will lose the right to withdraw from the Agreement,

  1. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the end of the period for withdrawal from the Contract,
  2. in which the subject matter are things which after delivery, due to their nature, are inseparable from other things,
  3. in which the subject matter are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, and the delivery of which may only take place after 30 days and the value of which depends on market fluctuations, over which the Seller has no control,
  4. in which the subject matter are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
  5. for the supply of newspapers, periodicals or magazines, except for a subscription contract,
  6. for the supply of digital content which is not recorded on a tangible medium, if the provision of services began with the Consumer’s explicit consent before the end of the deadline for withdrawal from the contract and after the Seller has informed them about the loss of the right to withdraw from the contract,

 

  • 11

Complaint and warranty

 

  1. The Sales Agreement covers new Products.
  2. In case of defects of goods purchased from the Seller, the Customer has the right to file a complaint under the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
  3. Complaints shall be submitted in writing or electronically to the Seller’s addresses given in these Regulations. 
  4. It is recommended to include in the complaint, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer’s request in connection with the defective goods. 
  5. The Seller shall respond to the complaint request immediately, and if the Customer is a Consumer – not later than within 14 days. If the Customer is a Consumer, and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer’s request is justified 
  6. Returning Goods within the complaint procedure should be sent to the address specified in § 3 of these Regulations. 
  7. If a warranty has been granted for a Product, information about it and its content will be included in the description of the Product in the Store. The Seller shall also attach a warranty card to the sold Product.

 

  • 12

Out-of-court complaint and redress

 

  1. Detailed information about the possibility of using out-of-court complaint handling and redress by the Consumer, as well as the rules of access to these procedures are available at the offices and websites of the county (municipal) consumer ombudsmen, social organizations whose statutory tasks include Consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection: 

http://www.uokik.gov.pl/spory_konsumenckie.php;.

 http://www.uokik.gov.pl/sprawy_indywidualne.php  and

 http://www.uokik.gov.pl/wazne_adresy.php.

 

  1.  The consumer has the following examples of out-of-court complaint and redress procedures:
  1. The Consumer shall be entitled to apply to a permanent arbitration consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller
  2. The Consumer is entitled to apply to the voivodships’ inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable termination of the dispute between the Consumer and the Seller. 
  3. A consumer may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of county (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association).

 

  • 13

Personal data in the Internet Store

 

1.The administrator of the Customers’ personal data collected via the Online Store is the Seller.

2 Customers’ personal data collected by the administrator through the Online Store is collected for the purpose of performing a Sales Agreement, and if the Customer agrees – also for marketing purposes.

3.The recipients of personal data collected by the Store may be:

  1. In case of the Customer, who uses mail or courier delivery in the Internet Shop, the Administrator shares the collected personal data of the Customer to a chosen carrier or an intermediary performing the shipment on behalf of the Administrator.
  2. If the Customer uses electronic or credit card payment method in the Internet Shop, the Administrator shares the collected personal data of the Customer to the chosen entity handling the aforementioned payments in the Internet Shop. 

4.The customer has the right to access their data and correct it.

  1. Provision of personal data is voluntary, although failure to provide the personal data specified in the Regulations results in the inability to conclude this agreement. 

 

  • 14

Closing statements

 

  1. Contracts concluded through the Internet Shop are concluded in the Polish language.
  2. The Seller reserves the right to make changes to the Regulations for important reasons, such as: law amendments, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.
  3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on Providing Services by Electronic Means; Act on Consumer Rights, Act on Personal Data Protection. 

4.The Customer has the right to make use of out-of-court complaint and redress procedures. For this purpose, he can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/