Shop regulations

SAMMLER RECBORD online shop regulations

set­ting out, among oth­er things, the rules for con­clud­ing sales con­tracts via the Shop, includ­ing the most impor­tant infor­ma­tion about the Sell­er, the Shop and con­sumer rights

TABLE OF CONTENTS
§ 1 Def­i­n­i­tions
§ 2 Con­tact with the sell­er
§ 3 Tech­ni­cal require­ments
§ 4 Shop­ping in the Shop
§ 5 Pay­ments
§ 6 Order pro­cess­ing
§ 7 Right of with­draw­al
§ 8 Excep­tions to the right of with­draw­al
§ 9 Com­plaints
§ 10 Per­son­al data
§ 11 Reser­va­tions
Annex 1: Mod­el with­draw­al form

§ 1 DEFINITIONS

Work­ing days — days from Mon­day to Fri­day except pub­lic hol­i­days.
Con­sumer — con­sumer with­in the mean­ing of the Civ­il Code.
Account — a free-of-charge fea­ture of the Store (ser­vice pro­vid­ed elec­tron­i­cal­ly) reg­u­lat­ed by sep­a­rate reg­u­la­tions, where­by the Buy­er can open an indi­vid­ual account with the Store.
Buy­er — any per­son pur­chas­ing from the Shop.
Pri­or­i­ty buy­er — Con­sumer or Busi­ness Priv­i­leged.
Priv­i­leged trad­er — a nat­ur­al per­son con­clud­ing a con­tract with the Sell­er which is direct­ly relat­ed to his/her busi­ness activ­i­ty, but which is not of a pro­fes­sion­al nature for him/her (def­i­n­i­tion applic­a­ble to con­tracts con­clud­ed as from 1 Jan­u­ary 2021).
Reg­u­la­tions — these rules.
Shop — SAMMLER RECBORD online shop oper­at­ed by the Sell­er at the fol­low­ing address https://recbord.com.pl
Sell­er — SAMMLER Spół­ka z ogranic­zoną odpowiedzial­noś­cią [SAMMLER Lim­it­ed Lia­bil­i­ty Com­pa­ny] with its reg­is­tered office in Poz­nań (61–696), ul. Serb­s­ka 17/6, entered in the Reg­is­ter of Entre­pre­neurs of the Nation­al Court Reg­is­ter kept by the Dis­trict Court Poz­nań — Nowe Mias­to and Wil­da in Poz­nań, VIII Com­mer­cial Divi­sion of the Nation­al Court Reg­is­ter under num­ber: 0000412881, NIP: 7773224573, REGON: 302060570, share cap­i­tal of PLN 75,000.00.

§ 2 CONTACTING THE SELLER

1. Postal address: Rud­ni­ki 6F, 64–330 Opaleni­ca
2. Email address: sprzedaz@sammler.com.pl
3. Phone: +48507249073

§ 3 TECHNICAL REQUIREMENTS

1. For the prop­er func­tion­ing of the Shop you need:
   • a device with Inter­net access
   • a web brows­er that sup­ports JavaScript and cook­ies.
2. For plac­ing an order in the Shop, in addi­tion to the require­ments spec­i­fied in para­graph 1, an active e‑mail account is nec­es­sary.

§ 4 SHOPPING IN THE SHOP

1. The prices of the goods shown in the Shop are the total prices for the goods — gross prices.
2. The Sell­er points out that the total order price con­sists of the price of the goods indi­cat­ed in the Shop and, if applic­a­ble, the deliv­ery costs of the goods.
3. The goods select­ed to be pur­chased must be added to the shop­ping bas­ket in the Shop.
4. The Buy­er then choos­es from the avail­able in the Shop: the method of deliv­ery of the goods and the method of pay­ment for the order, as well as the data nec­es­sary to com­plete the order placed.
5. An order is placed when it is con­firmed by click­ing “order with oblig­a­tion to pay” and when the Buy­er accepts the Terms and Con­di­tions.
6. Plac­ing an order is the same as con­clud­ing a sales con­tract between the buy­er and the sell­er.
7. The sell­er shall pro­vide the priv­i­leged pur­chas­er with con­fir­ma­tion of the con­clu­sion of the sales con­tract on a durable medi­um at the lat­est upon deliv­ery of the goods.
8. The Buy­er may reg­is­ter with the Shop, i.e. cre­ate an Account with it, or make pur­chas­es with­out reg­is­ter­ing by pro­vid­ing his/her details for each even­tu­al order.

§ 5 PAYMENTS

1. The order placed can be paid for, at the Buy­er’s choice:
   1. by sim­ple trans­fer to the Sell­er’s bank account;
   2. by pay­ment card:
      • Visa
      • Visa Elec­tron
      • Mas­ter­Card
      • Mas­ter­Card Elec­tron­ic
      • Mae­stro
   3. via a pay­ment plat­form:
      • Shop­er pay­ments
      • Trans­fers 24
2. If pay­ment is select­ed via the Shop­er pay­ment plat­form, the enti­ty pro­vid­ing the online pay­ment ser­vice is Blue Media S.A. If pay­ment is select­ed via the Przelewy24 pay­ment plat­form, the enti­ty pro­vid­ing the ser­vice is PayPro S.A.
3. If the Buy­er choos­es to pay in advance, the order must be paid for with­in 3 Work­ing Days of the order being placed.
4. The sell­er informs that in the case of cer­tain pay­ment meth­ods, due to their speci­fici­ty, pay­ment of the order by this method is only pos­si­ble imme­di­ate­ly after plac­ing the order.
5. If you choose to pay using the pay­ment plat­forms of third-par­ty e‑payment oper­a­tors (pay­ment in advance), you must fol­low the instruc­tions of the rel­e­vant e‑payment oper­a­tor after press­ing the but­ton to start the pay­ment pro­ce­dure (avail­able imme­di­ate­ly after plac­ing the order).
6. By pur­chas­ing from the Shop, the Buy­er accepts the use of elec­tron­ic invoic­es by the Sell­er. The Buy­er has the right to with­draw his accep­tance.

§ 6 CONTRACT PERFORMANCE

1. The sell­er is oblig­ed to deliv­er goods in con­for­mi­ty with the con­tract (accord­ing to Arti­cle 43b of the Con­sumer Rights Act of 30 May 2014 (Jour­nal of Laws 2014, item 827, as amend­ed).
2. The lead time is 3 work­ing days.
3. The sell­er will pro­ceed with the order once it has been paid for by the buy­er.
4. Goods are deliv­ered exclu­sive­ly with­in the ter­ri­to­ry of the Repub­lic of Poland and out­side the bor­ders of the Repub­lic of Poland.
5. Goods pur­chased from the Shop are deliv­ered via a couri­er ser­vice.

§ 7 RIGHT OF WITHDRAWAL

1. A priv­i­leged buy­er has the right to with­draw from a con­tract con­clud­ed with the Sell­er through the Shop, sub­ject to § 8 of the Terms and Con­di­tions, with­in 14 days with­out giv­ing any rea­son.
2. The with­draw­al peri­od expires after 14 days from the date:
   1. on which the Pri­or­i­ty Buy­er has tak­en pos­ses­sion of the goods or on which a third par­ty oth­er than the car­ri­er and des­ig­nat­ed by the Pri­or­i­ty Buy­er has tak­en pos­ses­sion of the goods;
   2. on which the Pri­or­i­ty Buy­er has tak­en pos­ses­sion of the last of the goods or on which a third par­ty, oth­er than the car­ri­er and des­ig­nat­ed by the Pri­or­i­ty Buy­er, has tak­en pos­ses­sion of the last of the goods in the case of a con­tract involv­ing the trans­fer of own­er­ship of mul­ti­ple goods which are deliv­ered sep­a­rate­ly.
3. In order for a priv­i­leged Buy­er to exer­cise his right of with­draw­al, he must inform the Sell­er, using the data pro­vid­ed in § 2 of the Terms and Con­di­tions, of his deci­sion to with­draw from the con­tract by an unequiv­o­cal state­ment (for exam­ple, a let­ter sent by post or infor­ma­tion trans­mit­ted by e‑mail).
4. A priv­i­leged buy­er may use the mod­el with­draw­al form at the end of the Terms and Con­di­tions, but this is not oblig­a­tory.
5. In order to com­ply with the with­draw­al peri­od, it is suf­fi­cient for the priv­i­leged Buy­er to send infor­ma­tion con­cern­ing the exer­cise of his right of with­draw­al before the expiry of the with­draw­al peri­od.
   
   CONSEQUENCES OF WITHDRAWAL
6. In the event of with­draw­al from the con­clud­ed con­tract, the Sell­er shall reim­burse to the Pri­or­i­ty Buy­er all pay­ments received from him, includ­ing the costs of deliv­ery of the goods (except for the addi­tion­al costs result­ing from the Pri­or­i­ty Buy­er’s choice of a deliv­ery method oth­er than the cheap­est ordi­nary deliv­ery method offered by the Sell­er), imme­di­ate­ly and in any event not lat­er than 14 days from the day on which the Sell­er was informed of the Pri­or­i­ty Buy­er’s deci­sion to exer­cise his right of with­draw­al.
7. The Sell­er shall refund the pay­ment using the same means of pay­ment used by the Pri­or­i­ty Buy­er in the orig­i­nal trans­ac­tion, unless the Pri­or­i­ty Buy­er agrees oth­er­wise, in which case the Pri­or­i­ty Buy­er shall not incur any charges in con­nec­tion with such refund.
8. The sell­er may with­hold reim­burse­ment until it has received the goods or until it has been pro­vid­ed with proof of their return, whichev­er event occurs first.
9. The Sell­er requests that the goods be returned to the address: Rud­ni­ki 6F, 64–330 Opaleni­ca imme­di­ate­ly and in any case no lat­er than 14 days from the day on which the Pri­or­i­ty Buy­er informed the Sell­er of the with­draw­al from the sales con­tract. The dead­line is met if the Pri­or­i­ty Buy­er sends back the goods before the expiry of the 14-day peri­od.
10. The priv­i­leged buy­er shall bear the direct costs of return­ing the goods.
11. The priv­i­leged pur­chas­er shall only be liable for any diminu­tion in the val­ue of the goods result­ing from the use of the goods oth­er than what was nec­es­sary to estab­lish the nature, char­ac­ter­is­tics and func­tion­ing of the goods.
12. If the goods, due to their nature, can­not be sent back in the usu­al way by post, the Pri­or­i­ty Buy­er will also have to bear the direct costs of return­ing the goods. The priv­i­leged Buy­er will be informed of the esti­mat­ed amount of these costs by the Sell­er in the descrip­tion of the goods in the Shop or when plac­ing the order.
13. In the event that a refund is required for a trans­ac­tion made by a Buy­er with a priv­i­leged pay­ment card, the Sell­er will make the refund to the bank account assigned to that pay­ment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of with­draw­al from a dis­tance con­tract referred to in § 7 of the Terms and Con­di­tions shall not apply to the con­tract:
   1. in which the sub­ject of the per­for­mance is a non-refab­ri­cat­ed good, pro­duced to the spec­i­fi­ca­tions of the priv­i­leged Buy­er or serv­ing to sat­is­fy his indi­vid­u­alised needs;
   2. where the object of the per­for­mance is goods which are per­ish­able or have a short shelf life;
   3. where the object of the ser­vice is goods sup­plied in sealed pack­ag­ing which can­not be returned after open­ing for health or hygiene rea­sons if the pack­ag­ing has been opened after deliv­ery;
   4. in which the sub­ject mat­ter of the per­for­mance con­sists of goods which are, by their nature, insep­a­ra­ble from oth­er goods after deliv­ery;
   5. in which the sub­ject mat­ter of the ser­vice is sound or visu­al record­ings or com­put­er pro­grams sup­plied in sealed pack­ag­ing if the pack­ag­ing is opened after deliv­ery;
   6. for the sup­ply of news­pa­pers, peri­od­i­cals or mag­a­zines, with the excep­tion of a sub­scrip­tion con­tract;
   7. in which the price or remu­ner­a­tion depends on fluc­tu­a­tions in the finan­cial mar­ket over which the Sell­er has no con­trol and which may occur before the end of the with­draw­al peri­od.

§ 9 COMPLAINTS

1. In the event of non-con­for­mi­ty of goods with the con­tract, the Con­sumer has the pos­si­bil­i­ty to claim the non-con­form­ing goods on the basis of the pro­vi­sions on lia­bil­i­ty for non-con­for­mi­ty of goods with the con­tract, found in the Con­sumer Rights Act of 30 May 2014 (Jour­nal of Laws of 2014, item 827, as amend­ed) or the guar­an­tee,
   inso­far as a guar­an­tee has been pro­vid­ed.
2. Using the pro­vi­sions on lia­bil­i­ty for non-con­for­mi­ty of goods with the con­tract found in the Con­sumer Rights Act of 30 May 2014 (Jour­nal of Laws of 2014, item 827, as amend­ed), the Con­sumer may, under the rules and with­in the time lim­its set out in the afore­men­tioned Act:
   1. demand that the lack of con­for­mi­ty of the goods with the con­tract be reme­died or that the goods be replaced,
   2. if it is not pos­si­ble to per­form point 1, in accor­dance with Arti­cle 43e of the Con­sumer Rights Act of 30 May 2014 (Jour­nal of Laws of 2014, item 827, as amend­ed), the Con­sumer may make a dec­la­ra­tion on price reduc­tion or, if the lack of con­for­mi­ty of the goods with the con­tract is sig­nif­i­cant, make a dec­la­ra­tion on with­draw­al from the con­tract.
3. The Sell­er requests that com­plaints be made on the basis of the pro­vi­sions on lia­bil­i­ty for non-con­for­mi­ty of goods with the con­tract found in the Con­sumer Rights Act of 30 May 2014 (Jour­nal of Laws of 2014, item 827, as amend­ed) to the postal or elec­tron­ic address indi­cat­ed in § 2 of the Reg­u­la­tions.
4. If it turns out that in order to con­sid­er the com­plaint it is nec­es­sary to deliv­er goods not in con­for­mi­ty with the con­tract to the Sell­er, the Con­sumer is oblig­ed to deliv­er these goods at the Sell­er’s expense, to the address: Rud­ni­ki 6F, 64–330 Opaleni­ca
5. If a guar­an­tee is addi­tion­al­ly grant­ed for the goods, infor­ma­tion about the guar­an­tee and its con­di­tions is avail­able in the prod­uct descrip­tion in the Shop.
6. Com­plaints con­cern­ing the oper­a­tion of the Shop should be sent to the e‑mail address spec­i­fied in § 2 of the Terms and Con­di­tions.
7. The com­plaint will be dealt with by the Sell­er with­in 14 days.
   
   OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
8. In the event that the com­plaint pro­ce­dure fails to pro­duce the result expect­ed by the Con­sumer, the Con­sumer may make use of, among oth­er things:
   1. medi­a­tion con­duct­ed by the local­ly com­pe­tent Voivod­ship Inspec­torate of Trade Inspec­tion, to which a request for medi­a­tion should be sub­mit­ted. As a rule, the pro­ceed­ings are free of charge. The list of Inspec­torates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
   2. with the assis­tance of the com­pe­tent per­ma­nent con­sumer arbi­tra­tion court oper­at­ing at the Provin­cial Inspec­torate of Trade Inspec­tion, to which a request for con­sid­er­a­tion of the case before the arbi­tra­tion court should be sub­mit­ted. As a rule, the pro­ceed­ings are free of charge. A list of courts is avail­able at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
   3. free assis­tance from the munic­i­pal or dis­trict con­sumer ombuds­man;
   4. ODR’s online plat­form avail­able at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

1. The admin­is­tra­tor of the per­son­al data pro­vid­ed by the Buy­er when using the Shop is the Sell­er. Detailed infor­ma­tion con­cern­ing the pro­cess­ing of per­son­al data by the Sell­er — includ­ing oth­er pur­pos­es and grounds for data pro­cess­ing, as well as recip­i­ents of the data — can be found in the Pri­va­cy Pol­i­cy avail­able at the Shop — due to the trans­paren­cy prin­ci­ple con­tained in the Gen­er­al Reg­u­la­tion of the Euro­pean Par­lia­ment and of the Coun­cil (EU) on data pro­tec­tion — “RODO”.
2. The pur­pose of the Sell­er’s pro­cess­ing of the Buy­er’s data pro­vid­ed by the Buy­er in con­nec­tion with pur­chas­es in the Shop is to process orders. The basis for the pro­cess­ing of per­son­al data in this case is:
   • con­tract or actions tak­en at the request of the Buy­er with a view to con­clud­ing a con­tract (Arti­cle 6(1)(b) RODO),
   • the Sell­er’s legal account­ing oblig­a­tions (Arti­cle 6(1)©), and
   • Ven­dor’s legit­i­mate inter­est in pro­cess­ing the data in order to estab­lish, assert or defend pos­si­ble claims (Art. 6(1)(f) RODO).
3. The pro­vi­sion of data by the Buy­er is vol­un­tary, but at the same time nec­es­sary for the con­clu­sion of the con­tract. Fail­ure to pro­vide data will pre­vent the con­clu­sion of a con­tract in the Shop.
4. Buy­er data pro­vid­ed in con­nec­tion with pur­chas­es from the Shop will be processed until:
   • the con­tract con­clud­ed between the buy­er and the sell­er will cease to be valid;
   • the Sell­er shall no longer be under a legal oblig­a­tion to process the Buy­er’s data;
   • the pos­si­bil­i­ty of assert­ing claims by the Buy­er or the Sell­er relat­ed to the con­tract con­clud­ed by the Shop ceas­es;
   • the Buy­er’s objec­tion to the pro­cess­ing of his per­son­al data is accept­ed — in case the basis of data pro­cess­ing was the legit­i­mate inter­est of the Sell­er

- whichev­er is applic­a­ble in the case and which is the lat­est.

5. The buy­er is enti­tled to demand:
   • access to their per­son­al data,
   • their rec­ti­fi­ca­tion,
   • dele­tions,
   • lim­i­ta­tion of pro­cess­ing,
   • trans­fer of data to anoth­er con­troller
     as well as the law:
   • to object at any time to the pro­cess­ing of data on grounds relat­ing to the Buy­er’s par­tic­u­lar sit­u­a­tion — to the pro­cess­ing of per­son­al data con­cern­ing him/her based on Arti­cle 6(1)(f) of the RODO (i.e. on legit­i­mate inter­ests pur­sued by the con­troller).
6. In order to exer­cise their rights, the Buy­er should con­tact the Sell­er using the details in § 2 of the Terms and Con­di­tions.
7. In the event that the Buy­er con­sid­ers that his data is being processed unlaw­ful­ly, the Buy­er may lodge a com­plaint with the Pres­i­dent of the Per­son­al Data Pro­tec­tion Author­i­ty.

§ 11 RESERVATIONS

1. The pro­vi­sions relat­ing to the Pre­ferred Entre­pre­neur apply to con­tracts con­clud­ed from 1 Jan­u­ary 2021.

2. The pro­vi­sion of unlaw­ful con­tent by the Buy­er is pro­hib­it­ed.
3. Each time an order is placed in the Shop, it con­sti­tutes a sep­a­rate con­tract of sale and requires sep­a­rate accep­tance of the Terms and Con­di­tions. The con­tract is con­clud­ed for the time and for the pur­pose of ful­fill­ing the order.
4. Con­tracts con­clud­ed on the basis of the Terms and Con­di­tions shall be con­clud­ed in the Pol­ish lan­guage.
5. In the event of a pos­si­ble dis­pute with a Buy­er who is not a Pri­or­i­ty Buy­er, the com­pe­tent court shall have juris­dic­tion over the Sell­er’s reg­is­tered office.
6. Any lia­bil­i­ty of the Sell­er towards a Buy­er who is not a Pri­or­i­ty Buy­er, to the extent per­mit­ted by law, is exclud­ed.
7. Lia­bil­i­ty under war­ran­ty against the Priv­i­leged Entre­pre­neur is exclud­ed.

Annex 1 to the Rules of Pro­ce­dure

Below is a mod­el with­draw­al form, which the Con­sumer or Priv­i­leged Entre­pre­neur may or may not use:

Down­load the form