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Terms and Conditions of the Online Store Książki po Szwedzku

This document primarily defines the terms on which agreements are concluded in the Store, including important information about the Seller, the Store, and the rights granted 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
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
Appendix No. 1: Sample Withdrawal Form

§ 1 DEFINITIONS
Business Days – days from Monday to Friday, excluding public holidays in Poland.
Consumer – a Buyer who is a natural person purchasing in the Store or undertaking actions aimed at making a purchase without a direct connection to their business or professional activity.
Account – a digital service regulated by a separate set of terms and conditions, under the Consumer Rights Act, allowing the Buyer to use additional features in the Store free of charge.
Buyer – any entity purchasing in the Store or undertaking actions aimed at making a purchase.
Privileged Buyer – a Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – a Buyer who is a natural person concluding or intending to conclude an agreement with the Seller under these Terms and Conditions, directly related to their business activity but not of a professional nature for them.
Terms and Conditions – these regulations.
Store – the online store Książki po Szwedzku operated by the Seller at https://ksiazkiposzwedzku.pl.
Seller – KATARZYNA KESJA HASIEWICZ-OBARZANEK, an entrepreneur conducting business under the name KATARZYNA HASIEWICZ-OBARZANEK, registered in the Central Registration and Information on Business, maintained by the Minister responsible for economy, NIP 8522539682, REGON 385084790, ul. Mazowiecka 17/23, 70-526 Szczecin.
Digital Content – data created and delivered in digital form.
Consumer Rights Act – Polish Act of May 30, 2014, on consumer rights.

The provisions of these Terms and Conditions regarding products apply to both movable goods and Digital Content.

§ 2 CONTACT WITH THE SELLER
Postal Address: ul. Mazowiecka 17/23, 70-526 Szczecin (company headquarters)
Email: biuro@ksiazkiposzwedzku.pl
Phone: +48 694 393 121
The cost of a phone call or data transmission incurred by the Buyer results from the basic tariff of their telecommunications operator or internet service provider. The Seller notes that the cost of international calls or data transmission may be higher than domestic rates, depending on the tariff set by the Buyer’s service provider.

§ 3 TECHNICAL REQUIREMENTS
To properly use the Store, the following are required:

  • A device with internet access
  • A web browser that supports JavaScript and cookies.
    To place an order in the Store, in addition to the above, an active email account is required.

§ 4 PURCHASES IN THE STORE
The product prices displayed in the Store are total prices for the product.
The Seller notes that the total order price consists of the product price and, if applicable, the cost of delivery.
The selected product must be added to the shopping cart in the Store.
The Buyer then chooses the delivery method and payment method from the available options and provides the necessary details to complete the order.
The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
Placing an order is equivalent to concluding an agreement between the Buyer and the Seller.
The Buyer can register in the Store (i.e., create an Account) or make purchases without registration by providing their details with each order.

§ 5 PAYMENTS
The Store offers the following payment methods:

  • Standard bank transfer to the Seller's account
  • Payment by card:
    • Visa
    • Visa Electron
    • MasterCard
    • MasterCard Electronic
    • Maestro
  • Payment via online payment platforms:
    • Stripe

 

Section 6 ORDER FULFILLMENT The order fulfillment time is indicated in the Store. If the Buyer has chosen to pay in advance for the order, the Seller will begin fulfilling the order after payment is received. If the Buyer has purchased products with different fulfillment times within a single order, the order will be fulfilled according to the longest fulfillment time among the products. Goods are delivered only within the territory of the Republic of Poland. The following delivery methods are available in the Store:

  • via a courier company;
  • via Polish Post;
  • to InPost parcel lockers;
  • electronically, to the email address provided by the Buyer when placing the order, in the case of Digital Content.

Section 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 Section 8 of the Regulations, within 14 days without giving any reason. The withdrawal period expires 14 days after 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 the goods;
  • on which the privileged Buyer took possession of the last item, batch, or part, or on which a third party other than the carrier and indicated by the privileged Buyer took possession of the last item, batch, or part, in the case of a contract requiring the transfer of ownership of multiple goods delivered separately, in batches, or in parts;
  • of contract conclusion, in the case of a contract for the supply of Digital Content.

To exercise the right of withdrawal, the privileged Buyer must inform the Seller, using the contact details provided in Section 2 of the Regulations, of their decision to withdraw from the contract by means of an unambiguous statement (e.g., a letter sent by post or email). The privileged Buyer may use the withdrawal form template included at the end of the Regulations, but it is not mandatory, and any other template may be used instead. To meet the withdrawal deadline, it is sufficient for the privileged Buyer to send information regarding the exercise of the right of withdrawal before the withdrawal period expires.

IMPORTANT: We do not cooperate with the website wygodnezwroty.pl. Our company data appears there without our consent and is incorrect. We are resolving this through legal mechanisms.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT In the event of withdrawal from the contract, the Seller shall refund the privileged Buyer all payments received from them, including the cost of delivering 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 undue delay and in any case no later than 14 days from the day the Seller was informed of the privileged Buyer's decision to withdraw from the contract. The refund will be made using the same payment methods that the privileged Buyer used in the original transaction unless the privileged Buyer agrees to a different solution. In any case, the privileged Buyer will not incur any fees related to the refund. If the Seller has not offered to collect the goods from the privileged Buyer, the Seller may withhold the refund until they receive the goods or proof of their return, whichever occurs first. The Seller requests that returns be made to the InPost Parcel Locker: SZC94M without undue delay and in any event no later than 14 days from the day the privileged Buyer informed the Seller of their withdrawal from the sales contract. The deadline is met if the privileged Buyer sends the goods back before the 14-day period expires. To be accepted, the return must include ALL FREE GIFTS received in the package, such as bookmarks, stickers, etc. The privileged Buyer bears the direct cost of returning the goods. The privileged Buyer is only responsible for any reduction in the value of the goods resulting from their handling in a manner other than what is necessary to establish their nature, characteristics, and functioning. If the goods, due to their nature, cannot be returned by ordinary postal means, the privileged Buyer must also bear the direct costs of returning them. The estimated cost of return shipping will be provided by the Seller in the product description in the Store or at the time of order placement. In the event that a refund is required for a transaction made by the privileged Buyer using a payment card, the Seller will make the refund to the bank account linked to that payment card. The service fee for making a payment through the Autopay online gateway is non-refundable. To be accepted, the returned goods must not show any signs of use or damage.

Section 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT The right to withdraw from a contract concluded remotely, as referred to in Section 7 of the Regulations, does not apply to contracts:

  • where the subject of performance is a non-prefabricated item, manufactured according to the privileged Buyer's specifications or serving to meet their individualized needs;
  • where the subject of performance is an item that is perishable or has a short shelf life;
  • where the subject of performance is an item delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
  • where the subject of performance consists of items that, after delivery, become inseparably connected with other items due to their nature;
  • where the subject of performance is audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
  • for the supply of newspapers, periodicals, or magazines, except for subscription contracts;
  • 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 withdrawal period expires;
  • for the supply of Digital Content for which the privileged Buyer is required to pay a price, provided that all of the following conditions are met:
    • the Seller has begun the performance with the privileged Buyer's prior express consent;
    • the privileged Buyer was informed before the performance began that they would lose the right to withdraw from the contract once the Seller had performed, and they acknowledged this;
    • the Seller has provided the privileged Buyer with a legally compliant confirmation of the distance contract, including the above-mentioned consent, on a durable medium within a reasonable time after the contract was concluded and no later than before the performance began.

 

 

§ 10 PERSONAL DATA The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as data recipients – can be found in the privacy policy available in the Store, in accordance with the principle of transparency contained in the General Data Protection Regulation of the European Parliament and the Council (EU) on data protection – "GDPR."

The purpose of processing the Buyer’s data by the Seller, as provided by the Buyer in connection with purchases in the Store, is to fulfill 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 imposed on the Seller, particularly related to accounting and product safety (Article 6(1)(c) GDPR), and
  • the Seller’s legitimate interest in processing the data to establish, pursue, or defend possible claims (Article 6(1)(f) GDPR).

Providing data by the Buyer is voluntary but necessary to conclude the 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 is no longer valid;
  • the Seller is no longer subject to a legal obligation requiring the processing of the Buyer’s data;
  • the possibility of asserting claims by the Buyer or the Seller related to the contract concluded through the Store ceases;
  • the Buyer’s objection to the processing of their personal data is accepted – in cases where the legal basis for data processing was the Seller’s legitimate interest – depending on which situation applies.

The Buyer has the right to request:

  • access to their personal data,
  • rectification,
  • deletion,
  • restriction of processing,
  • transfer of data to another administrator, as well as the right to:
  • object at any time to the processing of data for reasons related to the Buyer’s particular situation – with respect to the processing of their personal data based on Article 6(1)(f) GDPR (i.e., on the Seller’s legitimate interests).

To exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms and Conditions.

If the Buyer believes that their data is being processed unlawfully, they may file a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 RESERVATIONS The Buyer is prohibited from providing illegal 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 duration necessary to fulfill the order.

All contracts concluded under these Terms and Conditions are subject to Polish law, with the reservation of section 4. The choice of Polish law for contracts concluded under the Terms and Conditions with a Consumer does not exclude or limit the rights of the Buyer granted to them under mandatory provisions of law applicable to the Consumer when no choice of law has been made. This means, in particular, that if the applicable national regulations provide greater protection than that resulting from these Terms and Conditions or Polish law, such greater protection shall apply.

Contracts concluded under these Terms and Conditions are in Polish.

In the event of a dispute with a Buyer who is not a privileged Buyer related to a contract concluded via the Store, the competent court will be the court with jurisdiction over the Seller's registered office.

The Seller’s liability towards a Buyer who is not a privileged Buyer, for contracts concluded via the Store, is excluded to the extent permitted by law.

Annex No. 1 to the Terms and Conditions

Below is a template withdrawal form that a Consumer or Privileged Entrepreneur may, but is not required to, use:

TEMPLATE WITHDRAWAL FORM (this form should be completed and returned only if you wish to withdraw from the contract)

KATARZYNA HASIEWICZ-OBARZANEK ul. Mazowiecka 17/23, 70-526 Szczecin email address: biuro@ksiazkiposzwedzku.pl

  • I/We() . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby inform you about my/our withdrawal from the contract for the sale of the following goods() / provision of the following service() / delivery of digital content in the form of():

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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  • Date of contract conclusion()/receipt()

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  • Name and surname of Consumer(s) / Privileged Entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Address of Consumer(s) / Privileged Entrepreneur(s):

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Signature of Consumer(s) / Privileged Entrepreneur(s) (only if the form is submitted in paper form)

Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(*) Delete as appropriate.

 

 

 

Account Terms and Conditions
in the Książki po szwedzku Store

TABLE OF CONTENTS § 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of Withdrawal
§ 7 Personal Data
§ 8 Changes to the Terms or Account
§ 9 Final Provisions

§ 1 DEFINITIONS
Consumer – A Service Recipient who is a natural person and has concluded an agreement for maintaining an Account under these Terms or takes actions to conclude such an agreement, without a direct connection to their business or professional activity.
Account – A digital service as defined by the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service Recipient, allowing the Service Recipient to access additional features in the Store.
Privileged Entrepreneur – A Service Recipient who is a natural person concluding an agreement for maintaining an Account (or taking actions to conclude such an agreement) directly related to their business activity but not of a professional nature.
Terms – These Account Terms and Conditions.
Store – The Książki po szwedzku online store operated by the Service Provider at https://ksiazkiposzwedzku.pl.
Service Recipient – Any entity that has concluded an agreement for maintaining an Account or takes actions to conclude such an agreement.
Privileged Service Recipient – A Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider – KATARZYNA KESJA HASIEWICZ-OBARZANEK, a business entity operating under the name KATARZYNA HASIEWICZ-OBARZANEK, registered in the Central Registration and Information on Business (CEIDG) maintained by the minister responsible for the economy, NIP 8522539682, REGON 385084790, ul. Mazowiecka 17/23, 70-526 Szczecin.
Consumer Rights Act – The Polish Act on Consumer Rights of May 30, 2014.

§ 2 CONTACT WITH THE SERVICE PROVIDER
Postal address: ul. Mazowiecka 17/23, 70-526 Szczecin
Email address: biuro@ksiazkiposzwedzku.pl
Phone: +48694393121
The cost of telephone calls or data transmission initiated by the Service Recipient is based on the basic rate of their telecommunications or internet service provider. The Service Provider notes that the cost of international calls or international data transmission may be higher than domestic rates, depending on the Service Recipient's provider.

§ 3 TECHNICAL REQUIREMENTS
For the proper functioning and creation of an Account, the following are required:

  • An active email account
  • A device with internet access
  • A web browser supporting JavaScript and cookies

§ 4 ACCOUNT
Creating an Account is completely voluntary and at the discretion of the Service Recipient.
An Account provides additional functionalities, such as reviewing the order history in the Store, checking order status, or editing user data.
To create an Account, the required form in the Store must be completed.
By creating an Account, the Service Recipient and the Service Provider enter into an indefinite agreement for maintaining the Account under the Terms.
The Service Provider starts providing the Account service immediately after the agreement is concluded.
The Service Recipient may cancel the Account at any time without any costs.
Deleting the Account results in termination of the agreement for maintaining the Account. To delete the Account, the Service Recipient must send a cancellation request to the email address provided in § 2, leading to the immediate removal of the Account and termination of the agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS
The Service Provider requests complaints regarding the Account to be submitted to the postal or electronic address specified in § 2.
The Service Provider will respond to complaints within 14 days of receiving the complaint.

II PRIVILEGED SERVICE RECIPIENTS
The Service Provider is liable to Privileged Service Recipients for the conformity of the service with the agreement, as provided by applicable law, particularly the Consumer Rights Act.
If the Service Provider improperly performs the Account maintenance agreement, the Privileged Service Recipient may use the rights stipulated in Chapter 5b of the Consumer Rights Act.
If the Service Provider fails to deliver the digital service, the Privileged Service Recipient may request its delivery. If the Service Provider still does not deliver the service within a reasonable timeframe, the Privileged Service Recipient may withdraw from the agreement.
The Privileged Service Recipient may withdraw from the agreement immediately if:

  • It is evident from the Service Provider's statement or circumstances that they will not deliver the service, or
  • The parties agreed, or it is clear from the context, that a specific delivery time was crucial, and the Service Provider failed to meet it.

III OUT-OF-COURT DISPUTE RESOLUTION
The Service Provider informs Consumers about the possibility of using out-of-court dispute resolution methods. Access rules for these procedures are available at the offices or websites of authorized entities. Consumers may use:

  • Assistance from the European Consumer Centre Network for cross-border transactions (https://konsument.gov.pl/eck-w-europie/)
  • The Online Dispute Resolution (ODR) platform provided by the European Commission (https://ec.europa.eu/consumers/odr)
  • Mediation via the relevant Provincial Inspectorate of Trade Inspection (https://uokik.gov.pl/kontakt-inspekcja-handlowa)
  • Assistance from local consumer advocates.
    The previous provisions are informational and do not constitute an obligation for the Service Provider to participate in alternative dispute resolution. Participation is voluntary for both the Service Provider and the Consumer.
    Consumers may also seek assistance from municipal or district consumer rights advocates free of charge.

 

Section 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

A privileged Service Recipient has the right to withdraw from the agreement for maintaining an Account concluded with the Service Provider within 14 days without providing any reason.

The deadline for withdrawing from the agreement for maintaining an Account expires after 14 days from the date of concluding the agreement.

To exercise the right of withdrawal, the privileged Service Recipient must inform the Service Provider, using the contact details provided in Section 2 of the Terms and Conditions, about their decision to withdraw from the agreement by means of an unequivocal statement (e.g., a letter sent by post or email).

The privileged Service Recipient may use the withdrawal form template provided at the end of the Terms and Conditions; however, this is not mandatory.

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 expires.

Section 7 PERSONAL DATA

The administrator of personal data provided by the Service Recipient in connection with the conclusion of the agreement for maintaining an 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—can be found in the privacy policy available in the Store, in accordance with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and Council (EU) “GDPR.”

The purpose of processing the Service Recipient's data is to maintain the Account. The legal basis for processing personal data in this case is the agreement for maintaining the Account or actions taken at the Service Recipient's request to conclude it (Article 6(1)(b) GDPR), as well as the Service Provider's legitimate interest in processing data to establish, pursue, or defend potential claims (Article 6(1)(f) GDPR).

Providing data by the Service Recipient is voluntary but necessary to conclude the agreement for maintaining the Account and to provide the services covered by it. Failure to provide data means that the agreement for maintaining 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 agreement for maintaining the Account ceases to be in effect;
  • the possibility of pursuing claims by the Service Recipient or 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 Service Provider's legitimate interest; whichever applies in the given case.

The Service Recipient has the right to request:

  • access to their personal data,
  • rectification of their data,
  • deletion of their data,
  • restriction of data processing,
  • transfer of data to another administrator,

as well as the right to:

  • object at any time to the processing of their data for reasons related to their particular situation—against the processing of their personal data based on Article 6(1)(f) GDPR (i.e., 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 being processed unlawfully, they may file a complaint with the authority responsible for data protection. In Poland, this is the President of the Personal Data Protection Office.

Section 8 CHANGES TO THE TERMS AND CONDITIONS OR ACCOUNT

The Service Provider reserves the right to amend the Terms and Conditions only for valid reasons. A valid reason is understood as the necessity to amend the Terms and Conditions due to:

  • a change in the Account's functionality requiring modifications to the Terms and Conditions, or
  • a change in legal regulations affecting the execution of the agreement for maintaining the Account by the Service Provider, or the adaptation of services to recommendations, guidelines, orders, prohibitions, rulings, resolutions, interpretations, or decisions of competent public authorities, or
  • a change in the Service Provider's contact or identification details.

Information about planned changes to the Terms and Conditions will be sent to the Service Recipient's email address assigned to the Account at least 7 days before the changes take effect.

If the Service Recipient does not object to the planned changes before they take effect, it is assumed that they accept them, which does not preclude the possibility of terminating the agreement in the future.

If the Service Recipient does not accept the planned changes, they should send information to the Service Provider's email address provided in Section 2 of the Terms and Conditions, which will result in the termination of the agreement for maintaining the Account upon the entry into force of the planned changes.

The Service Provider may make changes to the Account that are not necessary to maintain its compliance with the agreement for maintaining the Account for reasons indicated in paragraph 1(b) or due to a change in the Account's functionality. Implementing such changes will not involve any costs for the privileged Service Recipient. The provisions of paragraphs 2-4 apply accordingly.

If the change referred to in paragraph 5 significantly and negatively affects the privileged Service Recipient's access to or use of the Account, the Service Provider will send, in advance, to the privileged Service Recipient's email address, on a durable medium, information about the nature and timing of the change, as well as the rights available in connection with this change.

Section 9 FINAL PROVISIONS

It is prohibited for the Service Recipient to provide unlawful content.

The agreement for maintaining an Account is concluded in Polish.

The agreement concluded based on these Terms and Conditions is subject to Polish law, subject to paragraph 4.

The choice of Polish law for the agreement concluded under the Terms and Conditions with a Consumer does not exclude or limit the Consumer's rights granted to them under the mandatory provisions of the law applicable to the Consumer in cases where the choice of law does not exist. This means, in particular, that if the applicable national regulations for a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law, this broader protection applies.

In the event of a dispute with a Service Recipient who is not a privileged Service Recipient related to the agreement for maintaining the Account, the competent court will be the court having jurisdiction over the Service Provider's registered office.

Any liability of the Service Provider in connection with the agreement for maintaining the Account towards a Service Recipient who is not a privileged Service Recipient is excluded to the extent permitted by law.

Appendix No. 1 to the Terms and Conditions

Below is a withdrawal form template that the Consumer or Privileged Entrepreneur may, but is not required to, use:

WITHDRAWAL FORM TEMPLATE (This form should be completed and returned only if the intention is to withdraw from the agreement)

KATARZYNA HASIEWICZ-OBARZANEK ul. Mazowiecka 17/23, 70-526 Szczecin Email address: biuro@ksiazkiposzwedzku.pl

  • I/We() . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby inform about my/our withdrawal from the agreement for the provision of the following service() / delivery of digital content in the form of(*):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Date of contract conclusion(*)

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  • Name and surname of Consumer(s) / Privileged Entrepreneur(s):

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Newsletter Terms and Conditions
in the Książki po szwedzku Store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right to Withdraw from the Agreement
§ 7 Personal Data
§ 8 Changes to the Terms and Conditions or Newsletter
§ 9 Final Provisions

 

§ 1 DEFINITIONS

Consumer – A Service Recipient who is a natural person who has entered into an Agreement or takes actions aimed at concluding an Agreement, without a direct connection to their business or professional activity.

Newsletter – Messages regarding the Store, including information about offers, promotions, and new arrivals in the Store, delivered free of charge to the Service Recipient by the Service Provider under the Agreement, constituting digital content as defined in the Consumer Rights Act.

Privileged Entrepreneur – A Service Recipient who is a natural person concluding an Agreement (or taking steps to conclude one) directly related to their business activity but not of a professional nature.

Terms and Conditions – This document.

Store – The online store Książki po szwedzku operated by the Service Provider at https://ksiazkiposzwedzku.pl.

Agreement – The agreement for the provision of the Newsletter.

Service Recipient – Any entity that has entered into an Agreement or takes actions aimed at concluding one.

Privileged Service Recipient – A Service Recipient who is either a Consumer or a Privileged Entrepreneur.

Service Provider – KATARZYNA KESJA HASIEWICZ-OBARZANEK, an entrepreneur conducting business under the company name KATARZYNA HASIEWICZ-OBARZANEK, registered in the Central Registration and Information on Business (CEIDG) maintained by the minister responsible for economic affairs, NIP 8522539682, REGON 385084790, ul. Mazowiecka 17/23, 70-526 Szczecin.

Consumer Rights Act – The Polish Act of May 30, 2014, on consumer rights.

 

§ 2 CONTACT WITH THE SERVICE PROVIDER

Postal address: ul. Mazowiecka 17/23, 70-526 Szczecin
Email address: biuro@ksiazkiposzwedzku.pl
Phone number: +48727943562

The cost of a phone call or data transmission performed by the Service Recipient results from the standard tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider points out that the cost of an international call or data transmission may be higher than the cost of a domestic connection, depending on the tariff of the telecommunications operator or internet service provider used by the Service Recipient.

 

§ 3 TECHNICAL REQUIREMENTS

To use the digital content covered by these Terms and Conditions, the following are required:

  • An active email account;
  • A device with internet access;
  • A web browser that supports JavaScript and cookies.

 

§ 4 AGREEMENT

  • The Service Recipient may voluntarily subscribe to the Newsletter.
  • To receive the Newsletter, it is necessary to conclude an Agreement.
  • Email messages sent under the Agreement will be directed to the email address provided by the Service Recipient at the time of concluding the Agreement.
  • To conclude the Agreement, the Service Recipient must provide their email address in the designated place in the Store, where they wish to receive messages under the Agreement. Upon subscribing to the Newsletter, an Agreement is concluded for an indefinite period, and the Service Provider will begin its provision to the Service Recipient—subject to section 5.
  • For the proper execution of the Agreement, the Service Recipient must provide a correct email address.
  • The Newsletter is delivered promptly after the Service Provider creates messages intended for Service Recipients.
  • The messages sent as part of the Newsletter will contain information about the option to unsubscribe, including an unsubscribe link.
  • The Service Recipient may unsubscribe from the Newsletter at any time without providing a reason and without incurring any costs by using the option mentioned in the previous provision or by sending an email request to the Service Provider’s address specified in § 2 of the Terms and Conditions.
  • The Service Recipient’s use 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

I GENERAL PROVISIONS

  • The Service Provider requests that complaints regarding the digital content covered by these Terms and Conditions be submitted to the postal or electronic address specified in § 2 of the Terms and Conditions.
  • The Service Provider will respond to complaints within 14 days of receiving the complaint submission.

II PRIVILEGED SERVICE RECIPIENTS

The Service Provider is liable to the Privileged Service Recipient for the compliance of the service with the Agreement, as provided by generally applicable legal regulations, including, in particular, the provisions of the Consumer Rights Act.

In the event of improper performance of the Agreement by the Service Provider, the Privileged Service Recipient has the right to exercise the entitlements 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 its delivery. If, despite this, the Service Provider does not deliver the digital content covered by the Agreement immediately or within an additional deadline expressly agreed upon 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 the delivery of the digital content covered by the Agreement if:

  • It is evident from the Service Provider's statement or circumstances that they will not deliver the digital content covered by the Agreement, or
  • The Privileged Service Recipient and the Service Provider agreed, or it is clearly evident from the circumstances of the Agreement’s conclusion, that the specific deadline for the delivery of digital content covered by the Agreement was of significant importance to the Privileged Service Recipient, and the Service Provider did not deliver it within that deadline.

The Service Provider is liable for any non-compliance of the Newsletter with the Agreement, which – due to the fact that the Newsletter is delivered continuously – occurred or became apparent during the period in which it was supposed to be delivered under the Agreement.

If the digital content covered by the Terms and Conditions is not in compliance with the Agreement, the Privileged Service Recipient may request that it be brought into compliance with the Agreement.

In case of non-compliance of digital content covered by the Terms and Conditions with the Agreement, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means available, in order to determine whether the lack of compliance with the Agreement results from the characteristics of the Privileged Service Recipient’s digital environment.

Additionally, if the digital content covered by the Terms and Conditions is not in compliance with the Agreement, the Privileged Service Recipient may submit a statement of withdrawal from the Agreement if:

  • Bringing the digital content into compliance with the Agreement is impossible or would require excessive costs, in accordance with Article 43m, Sections 2 and 3 of the Consumer Rights Act;
  • The Service Provider has not brought the digital content covered by the Terms and Conditions into compliance with the Agreement within a reasonable time from the moment the Privileged Service Recipient informed the Service Provider about the lack of compliance, and without excessive inconvenience to the Privileged Service Recipient, considering the nature of the digital content and its intended purpose;
  • The non-compliance of the digital content covered by the Terms and Conditions persists despite attempts by the Service Provider to bring it into compliance with the Agreement;
  • The non-compliance of the digital content covered by the Terms and Conditions is so significant that it justifies withdrawal from the Agreement without first resorting to the remedy specified in Article 43m of the Consumer Rights Act (i.e., requesting compliance with the Agreement);
  • It is evident from the Service Provider’s statement or circumstances that they will not bring the digital content covered by the Terms and Conditions into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT COMPLAINT RESOLUTION AND CLAIMS ENFORCEMENT METHODS

The Service Provider informs the Consumer of the possibility of using out-of-court methods for complaint resolution and claims enforcement. The rules for accessing these procedures are available at the offices or websites of entities authorized to conduct out-of-court dispute resolution. The Consumer may, among other things, seek assistance from:

  • The relevant European Consumer Centre from the Network of European Consumer Centres. These centres provide information on consumer rights and assist in resolving disputes related to cross-border purchases. Assistance from the European Consumer Centres is generally free of charge. A list of relevant Consumer Centres by country is available at: https://konsument.gov.pl/eck-w-europie/
  • The Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

Additionally, within the territory of the Republic of Poland, the following support options are available:

  • Mediation conducted by the territorially competent Provincial Trade Inspection Inspectorate, to which a request for mediation must be submitted. In principle, the proceedings are free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
  • Assistance from the territorially competent permanent consumer arbitration court operating at the Provincial Trade Inspection Inspectorate, where a request for case resolution before the arbitration court must be submitted. In principle, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa

The above provision is for informational purposes only and does not constitute an obligation on the part of the Service Provider to participate in out-of-court dispute resolution procedures.

The use of out-of-court methods for complaint resolution and claims enforcement is voluntary for both the Service Provider and the Consumer.

The Consumer may also seek free assistance from the 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 withdrawal period expires 14 days after the Agreement is concluded.

To exercise the right of withdrawal from the Agreement, the Privileged Service Recipient 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 an unequivocal statement (for example, by letter sent by post or email).

The Privileged Service Recipient may use the model withdrawal form provided at the end of the Terms and Conditions, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send the information regarding the exercise of their right of withdrawal before the withdrawal period expires.

§ 7 PERSONAL DATA

The Service Provider is the controller of the personal data provided by the Service Recipient in connection with the Agreement. Detailed information on the processing of personal data by the Service Provider – including other purposes and legal bases for processing, as well as data recipients – can be found in the privacy policy available in the Store, in accordance with the transparency principle set out in the General Data Protection Regulation (GDPR).

The purpose of processing the Service Recipient’s data is:

  • Execution of the Agreement; the legal basis for data processing in this case is the Agreement or actions taken at the Service Recipient’s request prior to its conclusion (Article 6(1)(b) GDPR);
  • Analysis of the effectiveness of messages sent under the Agreement to establish general principles for effective delivery in the Service Provider’s business; the legal basis for data processing in this case is the Service Provider’s legitimate interest (Article 6(1)(f) GDPR);
  • Establishment, exercise, or defense of potential claims related to the Agreement; the legal basis for data processing in this case is the Service Provider’s legitimate interest (Article 6(1)(f) GDPR).

Providing data by the Service Recipient is voluntary but necessary to conclude the Agreement and deliver the digital content covered by it. Failure to provide data will prevent the conclusion of the Agreement, and the Service Provider will not be able to deliver the digital content.

The Service Recipient has the right to request:

  • Access to their personal data,
  • Rectification,
  • Deletion,
  • Restriction of processing,
  • Data portability to another controller,
  • As well as the right to object to processing based on legitimate interest.

 

 

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR NEWSLETTER

The Service Provider reserves the right to amend the Terms and Conditions only for valid reasons. A valid reason is understood as the necessity to change the Terms and Conditions due to:

  • a change in the functionality of the Newsletter requiring modifications to the Terms and Conditions, or
  • a change in legal regulations affecting the execution of the Agreement by the Service Provider or the adaptation of services to recommendations, guidelines, orders, prohibitions, rulings, decisions, interpretations, or directives issued by authorized public authorities, or
  • a change in the Service Provider's contact or identification details.

Information about the planned changes to the Terms and Conditions will be sent to the User's email address provided at the time of concluding the Agreement at least 7 days before the changes take effect.

If the User does not object to the planned changes before they take effect, it is assumed that they accept them. This does not prevent the User from terminating the Agreement in the future.

If the User does not accept the planned changes, they should send information about it to the Service Provider's email address provided in § 2 of the Terms and Conditions, which will result in the termination of the Agreement as soon as the planned changes take effect.

The Service Provider may make changes to the Newsletter that are not necessary to maintain its compliance with the Agreement for the reasons specified in section 1(b) or due to changes in the functionality of the Newsletter. The introduction of such changes will not entail any costs for a privileged User. The provisions of sections 2-4 apply accordingly.

If a change referred to in the previous provision significantly and negatively affects the privileged User's access to or use of the Newsletter, the Service Provider will send an email to the privileged User in advance, providing information on the characteristics and date of the change, as well as the rights available to the privileged User in connection with the change.

§ 9 FINAL PROVISIONS

The User is prohibited from providing unlawful content.

The Agreement is concluded in Polish.

The Agreement based on these Terms and Conditions is subject to Polish law, with the exception specified in section 4.

The choice of Polish law for the Agreement concluded with a Consumer does not revoke or limit the Consumer's rights under the mandatory provisions of law applicable to that Consumer in cases where no choice of law has been made. This means, in particular, that if the applicable national regulations for a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law, the broader protection shall apply.

In the event of a dispute with a User who is not a privileged User related to the Agreement, the competent court will be the court with jurisdiction over the Service Provider's registered office.

Any liability of the Service Provider related to the Agreement concerning a User who is not a privileged User is excluded to the extent permitted by law.

Annex No. 1 to the Terms and Conditions

Below is a withdrawal form template that the Consumer or privileged Entrepreneur may, but is not required to, use:

WITHDRAWAL FORM TEMPLATE

(This form should be completed and returned only if you wish to withdraw from the agreement)

KATARZYNA HASIEWICZ-OBARZANEK
ul. Mazowiecka 17/23, 70-526 Szczecin
Email: biuro@ksiazkiposzwedzku.pl

  • I/We() . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby notify my/our() withdrawal from the agreement for the provision of the following service() / for the delivery of digital content in the form of():

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  • Date of agreement conclusion(*)

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  • Name and surname of the Consumer(s) / privileged Entrepreneur(s):

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  • Address of the Consumer(s) / privileged Entrepreneur(s):

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Signature of the Consumer(s) / privileged Entrepreneur(s)
(only if the form is submitted in paper format)

Date . . . . . . . . . . . . . . . . . . . . .

(*) Delete as appropriate.