Regulations of the Warsaw Institute Store
The Warsaw Institute Store is administered by FWI Sp. z o.o., with its registered office in Warsaw, Wilcza St. 9, 00-538, Warsaw, entered into the National Court Register kept by the Regional Court for Capital City of Warsaw, the 12th Commercial Department – National Court Register (KRS): 0000218042, share capital of PLN 50.000, Tax Identification Number (NIP): 9512142624, National Business Registry Number (REGON): 008132712.
Contact with the Warsaw Institute Store is possible:
a. via e-mail: [email protected]
b. via telephone: +48 22 417 63 15,
c. in writing to the address: FWI Sp. z o.o., Wilcza St. 9, 00-538, Warsaw.
The Seller makes every effort to ensure that terms and conditions of the Warsaw Institute Store formulate the rights and obligations of the Consumer in compliance with good practice and with regard to the interests of the Consumer.
The Agreement between the Customer and the Seller can be concluded in two ways.
Before placing the Order, the Customer has the right to negotiate all records of the Agreement with the Seller, including those changing the decisions of the Regulations. Those negotiations shall be conducted in writing and directed to the address of the Seller: FWI Sp. z o.o., Wilcza St. 9, 00-538, Warsaw.
If the Customer resigns from the possibility to conclude the Agreement through the individual negotiations, the following Regulations and applicable legal regulations are applied.
1. Personal Data Administrator – FWI Sp. z o.o., Wilcza St. 9, 00-538, Warsaw
2. Postal Address – includes the following details: name and surname or the name of the institution, street name, building number, flat or office number, and in the case of a locality which is not divided into streets, one shall include the name of the locality, property number, postal code and locality
3. Complaints Address – FWI Sp. z o.o., Wilcza St. 9, 00-538, Warsaw
4. Unit Price – a value of a Product determined by the Seller, shown at the Product Fiche
5. Shipping Tariff – all available types and costs of Delivery of the Products available at: www.store.warsawinstitute.org
6. Contact Details – FWI Sp. z o.o., Wilcza St. 9, 00-538, Warsaw, +48 22 417 63 15
7. Personal Data – all information concerning an identified or identifiable natural person. A piece of information shall not be regarded as identifying when the identification requires an unreasonable amount of cost, time and manpower
8. Sensitive Data – personal data revealing racial or ethnic origin, political views, religious or philosophical beliefs, religious, party and trade-union membership, as well as data concerning health, genetic code, addictions, sex life, criminal record, or other opinions and decisions issued in court or administrative proceedings
9. Sales Document – a bill or a VAT invoice confirming the concluded Sales Agreement
10. Delivery – a type of postal/delivery service defining the postal operator or a courier company and costs listed in the Shipping Tariff
11. Customer Service – Customer service available at the following phone number and e-mail address, published at the home page of the Warsaw Institute Store: +48 22 417 63 15, [email protected]
12. Digital Edition – a digital file, such as: e-book, digital press and an audiobook, made available by the Seller to be downloaded by the Customer after the receipt of payment of the Unit Price
13. Invoice – a bill or a receipt provided in compliance with the value-added tax legislation of 11 March 2004, as amended, and other applicable legal regulations, which constitute the confirmation of the product purchase from the Warsaw Institute Store
14. Registration Form – a form available at the Warsaw Institute Store website which shall be completed in order to create a User Account
15. Product Fiche – an individual subpage of the Warsaw Institute Store containing information about an individual Product and its Unit Price
16. Client – a natural person of age with full legal capacity, a legal person or organisational unit without legal personality, but with legal capacity, making a purchase from the Seller, which is directly associated with his or her business or professional activity
17. Civil Code – Act Of 23 April 1964 Civil Code, as amended
18. Consumer – according to Article 221 of the Civil Code, a natural person of age with full legal capacity, making a purchase from the Seller, which is not directly associated with his or her business or professional activity
19. User Account – electronic service, a collection of resources in the telecommunication System of the Seller marked with an individual name (login) and password provided by the Customer, which collects data provided by the Customer and information about his Orders in the Warsaw Institute Store
20. Cart – function of the Warsaw Institute Store which provides the Customer with a list of the Products chosen from Products offered by the Seller, enabling modification of the list of the Products and definition or modification of details of the Order, including in particular: the number of Products, Delivery Address, details required for the VAT invoice, Delivery methods, Payment methods
21. Warsaw Institute Store – an online store through which FWI Sp. z o.o. sells Products via the Internet
22. Customer – both the Consumer and the Client
23. Place of Delivery – Postal Address provided by the Customer in the Order as the Delivery Address
24. Moment of Delivery – the moment in which the Customer or a third party on his behalf is in possession of the goods
25. Newsletter – a digital form of a bulletin about novelties, activities, assortment, and changes concerning the Warsaw Institute Store which is being sent to registered Customers who gave their consent
26. ODR platform – an EU website operating on the basis of the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC available at: https://webgate.ec.europa.eu/odr
27. Payment – a method of paying for the Subject of the Agreement and Delivery specified in the Regulations
29. Product – an individual item which may be the subject of the Order of the Customer available in the Warsaw Institute Store offer, provided with the Unit Price
30. Promotion – an action which is regulated by different, individual and published regulations which describe other than regular Unit Prices and amounts of the assortment of the Warsaw Institute Store available for Customers for a period of time specified in the Promotion regulations
31. Subject of the Agreement – Products and Delivery being the subject matters of the Agreement between the Customer and the Seller
32. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
33. Seller – FWI Sp. z o.o., Wilcza St. 9, 00-538, Warsaw
34. System – a group of cooperating IT devices and software providing processing, storing, as well as sending and receiving data via telecommunication networks using a data terminal equipment appropriate for the given type of network, commonly known as the Internet
35. Provision of Electronic Services – performance of a service rendered under simultaneous absence of the parties (remote service) through transmission of data on individual demand of the customer, transmitted and received by means of devices for electronic processing, including digital compression, and collecting data, which is entirely conveyed, received and transmitted by telecommunication network, within the meaning of the Act of 16 July 2004: Telecommunications Law, as amended 36. Order Delivery Date – the number of working hours/days specified in the Regulations
37. Agreement – an off-premises contract or a distance contract within the meaning of the Consumer Rights Act, and in the case of Consumers, Sales Agreement within the meaning of Article 535 of the Civil Code in the case of Customers
38. Defect – both physical and legal defects
39. Physical Defect – non-conformity of the sold item with the Agreement, in particular when the item:
a. does not have the properties which an item of this kind should have with regard to the aim stated in the Agreement or resulting from the circumstances or purpose
b. does not have the properties about which the Consumer was assured by the Seller
c. cannot be used for the purpose about which the Consumer informed the Seller at the moment of concluding the Agreement, and the Seller did not express reservations concerning such a usage
d. was delivered to the Consumer incomplete
40. Legal Defect – a situation when the sold item is the property of a third party or is encumbered by a right of a third party as well as when limitations on the use and disposition of the item is a result of a decision or judgement of a competent authority
41. Order – declaration of the Customer issued via the Warsaw Institute Store explicitly defining: a type and amount of chosen Products to buy; Delivery method; Payment method; place of Delivery, Customers data, and directly aiming to conclude the Agreement between the Customer and the Seller
42. Codes of Good Practice – a set of rules, in particular of professional and ethical standards described in Article 2, item 5 of the Act of 23 August 2007 on combating unfair commercial practices, as amended
§2 General provisions
1. The Agreement is concluded on the basis of the Polish law, in the Polish language, in compliance with the Regulations. For the Customer’s convenience, part of the content published at the Warsaw Institute Store websites was translated into additional languages, other than Polish. When using the Warsaw Institute Store, the Customer can choose an option of displaying the content in a language other than Polish, but it does not influence the language of the Agreement which is concluded in Polish.
2. The Place of Delivery may be located within the territory of the Republic of Poland or another country within or outside the European Union. The Orders will be delivered via a postal operator or a courier company on the basis of the Agreement concluded with the Seller.
3. The Seller is obliged to provide services and deliver goods without defects.
4. All Unit Prices of Products provided by the Seller are given in Polish zloty and are gross prices (VAT included). Unit Prices of the Products do not include the Delivery price which is specified in the Shipping Tariff. For Customer’s convenience, the Warsaw Institute Store can additionally display estimated Unit prices of goods in currencies other than the stated above.
5. The Seller does not provide the Customer with a guarantee within the meaning of Article 577 of the Civil Code, but he informs about known guarantees provided by third parties for Products available in the Warsaw Institute Store.
6. Consolidating, securing and sharing the content of the concluded Agreement to the Customer is carried out through (1) publishing the Regulations at the Warsaw Institute Store website and (2) sending an e-mail message to the Customer, mentioned in § 3, section 15 of the Regulations. The content of the Agreement is additionally saved and secured in the computer System of the Warsaw Institute Store.
7. The Seller does not charge any fees for remote communication means, and the Customer will be charged according to the Agreement which he or she concluded with a third party delivering the service of remote communication.
8. Technical requirements necessary to cooperate with the telecommunication System of the Seller: (1) a computer, laptop or other media device with the access to the Internet, (2) access to the e-mail account, (3) a browser.
9. The Customer is obliged to use the Warsaw Institute Store in compliance with legal regulations and good practice and respect the individual rights, author’s rights and intellectual property of the Seller and third parties. The Customer is obliged to provide true and accurate data. The Seller is forbidden to deliver unlawful content.
10. Browsing through the assortment of the Warsaw Institute Store does not require registration. Placing Orders by the Customer for Products from the assortment of the Warsaw Institute Store is possible after the registration, according to provisions of § 3, section 2 of the Regulations, or without registration, in the mode specified in § 3, section 4 of the Regulations.
11. The Customer can use the option of memorising his data by the Warsaw Institute Store in order to facilitate a subsequent Order process by completing the Registration Form enabling the creation of the User Account. For that purpose, the Customer shall provide the required identification data, login and password, necessary to have an access to his or her account. Login and password are sequences of characters defined by the Customer who is obliged to keep it confidential and to protect it against the unauthorised access of third parties. The Customer can check, correct, update and delete the User Account in the Warsaw Institute Store any time.
12. If the Customer gives an additional consent, his or her personal data will be processed for the purpose of sending a Newsletter including commercial information about new products, promotions, and services available in the Warsaw Institute Store. The Newsletter will be sent to the e-mail address and/or telephone number provided by the Customer during the registration process.
13. The Customer can revoke the consent for the Newsletter via telephone or e-mail contact with the Customer Service.
14. The Seller makes every effort to provide services of the highest standards within the Warsaw Institute Store, however, the Seller does not exclude the possibility of temporal suspension of access to the Warsaw Institute Store, in particular, in the case of necessity of preservation, inspection, replacement of appliances or in the case of modernisation or extension of assortment of the Warsaw Institute Store. The Seller will make every effort to conduct the possible suspension of access to the Warsaw Institute Store at night.
15. In the activities conducted through the Warsaw Institute Store, the Seller implements practices commonly considered as good marketing practices.
§3 Conclusion and execution of the Agreement
1. The conclusion of the Agreement between the Customer and the Seller takes place after placing the Order by the Customer in the Warsaw Institute Store via the User Account referred to in section 2 below, or in the mode without registration, referred to in §2, section 11, described in section 4 below.
2. Placing an Order via the User Account is possible after completing three consecutive steps by the Customer:
(1) completing the Registration Form,
(2) clicking on the “Create Account” button and
(3) confirming the willingness to create the account by clicking on the confirmation link sent automatically to the provided e-mail address.
3. The Customer has to complete the Registration Form with the following data: name and surname/name of the company, Address (street, house/flat number, postal code, city, country), e-mail address, telephone number, and password. In the case of Customers who are not Consumers, it is necessary to provide the name of the company and NIP number.
4. Registration, as well as the use of the Warsaw Institute Store functions, are free of charge. Registration means the conclusion of the Agreement between the Customer and the Seller on the provision of electronic service which signifies the management of Customer’s User Account on principles provided in the Regulations.
5. After registration, every logging in requires the provision of data given in the Registration Form or further changed in the Customer’s account settings.
6. The User Account created during the registration process is being managed for an indefinite period of time. The Customer can resign from the User Account or demand its removal at any time. The resignation and removal of the User Account are free of any charge.
7. In order to remove the User Account, it is necessary to contact the Customer Service via telephone or e-mail. An order to remove the Account is accepted and carried out after the confirmation that the person demanding the resignation is the owner of the Account. The removal of the Account is immediate and means the termination of the Agreement on the provision of electronic services concerning the management of the Customer’s Account between the Co-partnership and the Customer, requested by the Customer.
8. In order to place the Order the Customer shall perform at least the following steps, part of which can be repeated many times:
a. choose a Product, which is the subject of the Order,
b. add the Product to Cart,
c. choose a method of Delivery,
d. insert details of the receiver of the Order and postal Address to which the product shall be delivered and also provide the telephone number for the purpose of contact in the matter of reception /in the case of purchase without registration/
e. insert details for the invoice, if they are different from details for the Order reception (if the Client wishes the VAT invoice) /in the case of purchase without registration/
f. choose the method of Payment
g. choose the Place of Delivery
h. place the Order in the store
9. The Customer can place the Order only by providing necessary personal and address details enabling the execution of the Order without registration. In this mode, the System is not able to memorise data to facilitate subsequent purchases.
10. The Unit Price of the Product visible at the Warsaw Institute Store website is given in Polish zloty and is a gross price. The Customer is informed about the total Unit Price of the Product which is the subject of the Order, including taxes, as well as Delivery prices (including fees for transport, delivery, and postal services) and other costs, and when the level of fees cannot be defined – about the obligation to pay duties, at the Warsaw Institutes websites while placing the Order, including the moment of expressing willingness to conclude the Sales Agreement. The Unit Price of the Product is each time converted according to the current exchange rate to the equivalent in American dollars (USD) in the day of placing the Product in the offer.
11. The Customer can place Orders for Products available in the assortment of the Warsaw Institute Store for 7 (seven) days a week and 24 (twenty-four) hours a day, subject to prohibitions and restrictions on trade resulting from the mandatory provisions of law.
12. The Seller is entitled to introduce the maximum number of units of one Product in one Order.
13. The Orders of the total value exceeding PLN 1.000 gross can be delivered by the courier company. In such cases, the Customer Service will contact the Customer to ask for consent to send and pay for the Order in this form. The Client, in the case when consent is given, can demand a VAT invoice for this shipping method.
14. During the process of placing the Order, the Client can agree to receive electronic invoices. Invoices will be sent to the e-mail address provided in the User Account of the Client or during the process of the Order placing for purchases without registration. At the request of the Client, Invoices will be sent in a traditional form, which is in paper with the Order.
15. Placing the Order by the Customer means making an offer to the Seller to conclude the Agreement on sale (purchase) of the Product ordered. The offer is binding on the Customer if the Seller immediately confirms its receipt.
16. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts it for processing. Confirmation of the receipt of the Order and acceptation for processing is carried out through sending a proper e-mail message by the Seller to the Customer to the e-mail address provided while placing the Order, which contains at least the declaration of the Seller about the receipt and acceptation for processing of the Order and confirmation of the conclusion of the Sales Agreement. When the Customer receives the e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
17. The processing of the Order is carried out when the Customer’s payment for the value of the whole Order, made using one of the methods stated in § 4 of the Regulations, is credited on the Seller’s account, which shall take place within 7 calendar days since placing the Order, unless the Customer was not able to manage the payment due to no fault of his or her own and informed the Seller about it.
18. Orders placed and paid for to 3 p.m. in the working day are executed in up to 48 hours, subject to section 12 above. In most cases, they are shipped the same day (after the positive authorisation of Payment).
19. Mentioned periods will be based on the UTC+01:00 time zone. Mentioned periods may be extended, about which the Customer shall be informed by the Warsaw Institute Store staff as soon as possible.
20. Shipping of the subject of the Agreement is carried out within the period specified in the Shipping Tariff, and for Orders consisting of many Products, within the longest period of periods provided on the Product Fiches. The period starts with the beginning of the Order processing.
21. The purchased Subject of the Agreement is sent by one of the methods of Delivery depending on the weight and size of purchased goods, to the Place of Delivery provided by the Customer in the Order.
22. Digital Editions are ready to be received (downloaded) at the moment of crediting the payment on the Seller’s account.
23. Digital Editions shall be downloaded as soon as possible after receipt of information about crediting the payment and possibility to download. If the Seller withdraws the file from his offer, the Customer will lose the access to it and the funds will be returned to the bank account by which the payment was made.
24. The Customer cannot change details of the Order after its placement. In the case of resignation from the Order (both in whole or in part), the reimbursement of the Unit Price of the sale (proper part of the Unit Price) will be carried out in compliance with applicable legal regulations. Detailed rules of the reimbursement were stated in § 7 of the Regulations.
25. The Customer can change the Address of the Delivery or change details of the invoice only until the moment when the Products receive the “Processing an Order” status by submitting a disposition to the Customer Service.
26. The Customer shall receive the confirmation of Order cancellation to the e-mail address provided by the Customer during placing the Order in the case of the disposition to the Customer Service.
27. The Seller is not responsible for the extended time of Delivery or failure of Delivery due to the wrong or incomplete Address of Delivery provided by the Customer.
28. With the Order processing, a communication about the current status of the ongoing process of Order placement and processing (Order status) is sent to the email address of the Customer. Within this communication, the Seller can send information about the incomplete Order and – after the execution of the Order – the Seller can send to the Customer thanks with the request to express his or her opinion (review) concerning the Order. Giving such an opinion (review) by the Customer is voluntary.
§4 Methods of Payment
Failure to process the Order
1. The Seller offers the following payment methods to the Client within the Sales Agreement:
a. Payment via the safe electronic Payment PayPal system, which is compatible with most bank transfers and credit cards,
b. Payment via a direct transfer to the bank account of the Seller.
Bank: Bank PKO BP
Account number: 43 1020 4900 0000 8102 3179 0546
2. In both Payment methods, the Customer is obliged to make the Payment within 7 calendar days since the day when the Agreement was concluded.
3. Without Registration, the Customer can place the Order only with the Delivery within the territory of Poland. In this case, the Order will be processed when the Seller receives the confirmation of the correct Payment procedure by the entity realising the Payment.
4. The Customer cannot pay for one part of the Order in advance, and for another part of the Order by cash on delivery.
5. In the case of a lack of ordered Product in the storage or if the Customer’s Order cannot be processed for other reasons, including the case when its purchase from the Seller’s suppliers is not possible within the time provided for the Order processing, the Seller shall inform the Customer about the situation by sending an e-mail message or making a phone call to the number provided by the Customer, within the period of time stated by the applicable legal regulations. In this case, the Order is cancelled. Cancellation of the Order for reasons pointed in this section may be carried out until the last day of the Order Delivery Date, and if the date was not stated, within 30 days since the date when the Order was accepted for processing by the Seller.
6. In the case when execution of part of the Order is not possible due to reasons pointed in the previous section, the Seller can propose to the Customer:
a. cancellation of the whole Order (when the Customer chooses this option, the Seller is exempt from the obligation to execute the Order),
b. cancellation of part of the Order which cannot be executed within the stated period of time (when the Customer chooses this option, the Order shall be executed partially, and the Seller is exempt from the obligation to execute the remaining part of the Order).
7. In the case when the Customer does not choose any method of the Order execution in the situation mentioned in section 6 of this Article (including the case when contact with the Customer cannot be established due to no fault of the Seller), the Seller will deliver Products which can be delivered within the stated period, and the remaining part of the Order will be cancelled, about which the Customer will be informed by a message to the e-mail address provided by the Customer during the Order placing process. Cancellation of part of the Order mentioned in the previous sentence can be carried out until the last day of the Order Delivery Date, and if the date was not stated, within 30 days since the date when the Order was accepted for processing by the Seller. The Customer can withdraw from the agreement to the extent to which it has been completed, on the basis of the rules stated in § 5 of the Regulations.
8. If the Customer does not make any decision in the case stated in section 6 of this Article (including the case when contact with the Customer cannot be established due to no fault of the Seller), the Seller can cancel the whole Order.
9. The Customer is obliged to provide the correct (current) and detailed Postal Address to which the subject of the Order shall be delivered. In the case when the Customer provides wrong of incomplete Postal Address, the Seller is not responsible for the failure to deliver or delays in delivery of the subject of the Order to the fullest extent permitted by law, if due to the mentioned reason, despite exercising due care by the Seller and the delivery company, the delivery of the Order or delivery within the stated period of time will turn out to be impossible.
10. The Seller reserves the right to change the Unit Prices of the Products on a daily basis. The above right does not affect the Unit Prices of products ordered before the date of the change in the Unit Price.
11. The Seller reserves the right to conduct promotional actions and sales on separately stated rules. The above right does not affect the Unit Prices of products ordered before the date of the change in the Unit Price, promotional action conditions or sales.
12. Promotions in the Warsaw Institute Store do not combine with each other unless stated otherwise in the Regulations of the Promotion.
13. The promotional action and sale cover the limited number of products. Execution of Orders is carried out according to the sequence of Orders, until storage and the Warsaw Institute Store supplier’s stocks covered by this form of sale are exhausted.
§5 Right of withdrawal from the Agreement
1. A Consumer who has concluded the remote Agreement has the right to withdraw from the Agreement within 14 calendar days without providing any reason and without bearing any costs, except for the direct costs of returning the goods stated in section 5 below. To comply with the deadline, the declaration must be sent before its expiry. The declaration of the withdrawal from the Agreement may be sent:
a. in writing to the Address: FWI Sp. z o.o.
Wilcza St. 9
b. in an e-mail message to: [email protected]
2. A sample form of withdrawal from the Agreement is included in Appendix 1 to the Consumer Rights Act and additionally available at the Warsaw Institute Store website as Appendix 1 to the Regulations. The consumer can use the sample form, but it is not obligatory.
3. The withdrawal period begins when:
a. for the Agreement in execution of which the Seller delivers a Product, being obliged to transfer the ownership (e.g. Sales Agreement) – since the possession of the Product by the Consumer or a third party appointed by the Consumer other than the postal operator or the courier, and in the case of the Agreement which: (1) includes many Products delivered separately, in batches or in parts – from acquiring the ownership of the last Product, batch or part, or (2) includes regular delivery of Products for specified period of time – from acquiring the ownership of the first of the Products,
b. for other Agreements – from the date of concluding the Agreement.
4. In the case of withdrawal from the remote Agreement, the Agreement is considered as not concluded.
5. The Seller is obliged to immediately, within the period of 14 calendar days since the receipt of Consumer’s declaration of the withdrawal from the Agreement, to return all the payments received from the Consumer including the cost of Product’s Delivery, (except the additional costs of the Delivery method other than the cheapest Delivery method offered by the Warsaw Institute Store chosen by the Consumer). The Payment will be returned by the Seller with the same Payment method that the Consumer used, unless the Consumer explicitly consents to another method of return which does not entail any additional costs. If the Seller did not offer that he himself would collect the Product from the Consumer, the Seller may suspend reimbursement of Payments received from the Consumer until the Product has been returned or until the proof that the Product has been sent back has been delivered by the Consumer, whichever occurs first.
6. The Consumer is obliged to return the Product to the Seller or to a person authorised by the Seller to receive the Product as soon as possible and no later than 14 calendar days after the date on which he or she withdrew from the Agreement, unless the Seller offered to collect the Product himself. The deadline will be complied with if the Product is sent back before the time limit expires. The Consumer can return the Product to the following Address: FWI Sp. z o.o., Wilcza St. 9, 00-538, Warsaw.
7. The Consumer is responsible for any reduced value of the Product being caused by using the Product in a manner that is excessive compared to what is typically required to verify its nature, properties and good operation.
8. Possible costs of the withdrawal from the Agreement by the Consumer, which the Consumer is obliged to bear:
a. if the Consumer chose a Delivery method for the Product other than the cheapest standard method of Delivery offered by the Warsaw Institute Store, the Seller is not obliged to reimburse the Consumer for the additional costs,
b. the Consumer must bear the direct costs of returning the Product.
9. The Consumer loses his or her right to withdraw from the remote Agreement in situations referred to in Article 38 of the Consumer Rights Act.
PROVISIONS APPLICABLE ONLY TO ENTREPRENEURS
/Sections from 10 to 18 of this Article of the Regulations and provisions included are applicable only to Clients/
10. The Seller has the right to withdraw from the Sales Agreement concluded with the Client who is not the Consumer within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sales Agreement may be carried out without providing any reason and does not entitle the Client who is not the Consumer to any compensation from the Seller.
11.At the moment of passing the Product by the Seller to the postal operator or courier company, the benefits and burdens connected with the Product and the danger of accidental loss or damage of the Product are transferred to the Client who is not the Consumer. In such cases, the Seller is not responsible for the loss, deficit or damage of the Product which happened from the time of acceptance to delivery until the delivery to the Client, and for delays in the transport.
12. If the Product is sent to the Client via the postal operator or courier company, the Client who is not the Consumer is obliged to check the package in time and in a manner standard to this kind of delivery. If he or she claims that the Product was damaged during the delivery, he or she is obliged to take all necessary actions to determine the responsibility of the postal operator/courier company.
13. According to Article 588 of § 1 of the Civil Code, the responsibility of the Seller under Product’s warranty towards the Client who is not the Consumer is excluded.
14. In the case of Clients, the Seller can withdraw from the Agreement on the Electronic Service Supply with immediate effect and without providing any reason by sending a proper declaration to the Client.
15. The responsibility of the Seller towards the Client, irrespective of its legal basis, is limited – both within an individual claim and claims in aggregate – to the level of the Unit Price and Delivery costs under the Sales Agreement, but not exceeding the price of PLN one thousand. The Seller is responsible towards the Client only for typical damages foreseen at the time of conclusion of the Agreement and is not responsible for lost benefits towards the Client.
16. Any dispute between the Seller and the Client shall be settled by the competent Courts of Sellers’s place of incorporation.
1. The Seller is obliged to deliver Products that are free of defects. On the basis of Article 558 of §1 of the Civil Code, the Seller entirely excludes the responsibility towards the Clients for physical and legal defects (warranty).
2. The Seller is responsible towards the Consumer under regulations stated in Article 556 of the Civil Code and subsequent for defects (warranty).
3. In the description of the complaint the Consumer shall include: (1) information and circumstances concerning the subject of complaint, in particular the type and dates of non-conformity; (2) a demand on the method of making the Product conform with the Sales Agreement or statement to lower the Unit Price or to withdraw from the Sales Agreement, and (3) contact details of the person who makes the complaint – it will make handling the complaint by the Seller easier and faster. The requirements given in the previous sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description.
4. In the case of the Agreement with the Consumer, if the physical defect is found within one year from the Moment of Delivery, it is presumed that it existed at the time when the danger was passed on to the Consumer.
If the sold item is defective the consumer can:
a. submit a request to reduce the Unit Price
b. submit a request to withdraw from the Agreement
unless the Seller immediately and without excessive inconvenience for the Consumer exchanges the defective item for the one free from defects or removes the defect. However, if the item has already been exchanged or replaced before by the Seller or the Seller did not comply with the obligation to replace the item for the one free from defects or to remove the defect, he or she is not entitled to the replacement of the item or the removal of the defect.
5. The Consumer may instead of replacing the defect proposed by the Seller, demand the replacement for the item free from defects, or instead of replacement of the item, demand the removal of the defect, unless bringing the item to compliance with the Agreement in a manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, whereby in assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found, and also the inconvenience to which the Consumer would be exposed by another method of satisfaction are taken into account.
6. The Consumer cannot withdraw from the Agreement if the defect is irrelevant.
7. If the sold item is defective the Consumer can also:
a. demand exchange of the item for the one free from defects
b. demand the removal of the defect
8. The Seller is obliged to exchange the defective item for the one free from defects or remove the defect within a reasonable period of time and without significant inconvenience for the Consumer.
9. The Seller can refuse to fulfil the Consumer’s demand if bringing the item to compliance with the Agreement is impossible or, comparing to the second possible method of bringing the item to compliance, would require excessive costs.
10. The Consumer who exercises the rights under statutory warranty is obliged to deliver the defective item to the Complaints Address, and if due to the type of the item its delivery by the Consumer would be too difficult, the Consumer is obliged to make the item accessible to the Seller in the place where the item is located. If the Seller does not comply with the obligation, the Consumer is entitled to send the item at the expense and danger of the Seller.
11. Costs of the exchange or repair shall be borne by the Seller except for the case stated in section 10 above.
12. The Seller is obliged to take the defective item from the Consumer in the case of exchange of the item for the one free from defects or withdrawal from the Agreement.
13. The Seller within 14 days shall respond to:
a. declaration of the request to reduce the Unit Price of the item
b. declaration of the withdrawal from the Agreement
c. demand to exchange the item for the one free from defects
d. demand to remove the defect
Otherwise, it is assumed that the Seller considered the declaration or the demand reasoned.
14. The Seller shall be liable under the warranty if the physical defect is discovered no later than 2 years after the Moment of Delivery of the item to the Consumer, and if the sale concerns a second-hand item, no later than one year after the Moment of Delivery of the item to the Consumer.
15. A claim for the removal of the defect or for the exchange of the item for a defect-free one expires after one year, starting from the date when the defect was discovered, but not earlier than two years since the Moment of Delivery to the Consumer, and if the sale concerns a second-hand item, no later than one year after the Moment of Delivery of the item to the Consumer.
16. In the case when the use-by date stated by the Seller or the manufacturer expires after two years since the Moment of Delivery to the Consumer, the Seller shall be liable under the warranty if a physical defect was discovered before the expiry of that period.
17. Within periods stated in sections 14-16, the Consumer may submit the declaration of the withdrawal from the Agreement or the declaration of the request to reduce the Unit Price due to the physical defect of the item sold, and if the Consumer demanded the exchange of the item for a defect-free one, the period within which the declaration of the withdrawal from the Agreement or the declaration of the request to reduce the Unit Price begins when the ineffective period of time to exchange the item or remove of the defect expires.
18. In the case of a pursuit of the claim before the court or arbitration court of one of the privileges under warranty, the deadline for other privileges execution shall be suspended until the valid termination of the proceedings. Accordingly, it is applied to the mediation proceedings, but the deadline for other Customer’s privileges execution under warranty starts with the day of the court disapproval of the settlement reached before the mediator or unsuccessful termination of the mediation.
19. Sections 14-15 shall be applied to execute privileges under warranty for legal defects of the item sold, but the deadline starts with the day when the Consumer discovered the defect, and if the Consumer found out about the defect from the action of a third party – since the day when the decision on the dispute with the third party becomes valid.
20. If due to the defect of the item, the Consumer made a declaration of the withdrawal from the Agreement or the request to reduce the Unit Price of the item, he or she can demand to reimburse the loss incurred due to the fact that he or she concluded the Agreement being unaware of the defect, even if the loss is the result of the circumstances for which the Seller is not responsible, in particular, he or she can demand the reimbursement of costs of conclusion of the Agreement, costs of collection, transport, storage and insurance of the item, reimbursement of incurred expenditures to the extent to which he or she did not benefit from, and did not receive a reimbursement from the third party and reimbursement of the costs of the suit. This is without prejudice to the regulations about the reparation of damage according to the general rules.
21. The expiry of any period to discover the damage shall not exclude the execution of privileges under warranty, if the Seller deliberately concealed the defect.
22. The Seller, provided that he is obliged to provision or financial contribution to the Consumer, shall perform it without undue delay, within the legally stated period.
§7 Reimbursement to the Customers
1. The Seller shall reimburse all costs incurred immediately, but not later than in 14 calendar days in the case of:
a. cancellation of the paid Order of part of the Order (in this case a proper part of the Unit Price shall be reimbursed)
b. return of the Product (withdrawal from the Agreement) from the Order which was delivered by the postal operator/courier company.
2. In the case of withdrawal from the Agreement in compliance with § 5 of the Regulations, the Seller returns the Payment to the Consumer immediately, not later than 14 days since the receipt of Consumer’s declaration of the withdrawal from the Agreement. However, the Seller may suspend the reimbursement of Payments received from the Consumer until the product has been returned or until the proof that the product has been sent back has been delivered by the Consumer, whichever occurs first.
3. The Seller is not responsible for the failure to reimburse or delays in reimbursement of paid costs to the fullest extent permitted by law if despite all due care taken by the Seller, including sending a message to the e-mail address provided by the Customer with a request to send the Customer’s bank account number to the Seller, the Customer does not do so, or if the answer does not contain details enabling the reimbursement. The Seller is not responsible for the failure to reimburse or delays in reimbursement of paid costs to the fullest extent permitted by law, if they result from wrong details provided by the Customer concerning address, name or bank account number which despite all due care taken by the Seller disable the proper realisation of Payment.
4. In the case when the Seller made the Payment for the Order from a bank account or credit card which does not belong to him or her, the costs shall be reimbursed to the bank account number or credit card which the Payment was made with, according to the regulations stated in this Article.
1. Administrator of Personal Data, collected via the Warsaw Institute Store, is the Seller. The provision of personal data by Customers is voluntary, however, it is necessary to purchase goods and to use services provided electronically by the Seller which require the personal data.
2. Personal Data of the Customers collected by the Personal Data Administrator through the Warsaw Institute Store, are collected – in accordance with the Customer’s will – in order to execute the Sales Agreement or Agreement on Provision of Electronic Services.
3. Due to the fact that the Customer of the Warsaw Institute Store uses the Delivery method entailing the postal of courier Delivery, the Personal Data Administrator passes the personal data of the Customer to the chosen postal operator/courier company or agent acting on behalf of the Personal Data Administrator, only for the purpose of Delivery.
4. Provision of personal data is voluntary, but failure to provide personal data stated in the Regulations which are necessary to conclude the Sales Agreement or Agreement on Provision of Electronic Services results in impossibility of concluding such an Agreement. Data necessary to conclude the Sales Agreement or Agreement on Provision of Electronic Services are stated at the Warsaw Institute Store website each time before the conclusion of the Agreement.
5. The Seller is obliged to protect personal data in accordance with GDPR, Data Protection Act of 10 May 2018 and Act on Rendering Electronic Services of 18 July 2002. The Customer can check, correct, update or remove his or her personal data at any time. Requests in these matters can be submitted e.g.:
a. in writing to the Address: FWI Sp. z o.o., Wilcza St. 9, 00-538, Warsaw,
b. in a digital form to the e-mail address: [email protected]
a. session cookies – these are active only during the use of the Warsaw Institute Store enabling its proper functioning
b. permanent cookies – these are stored on the computer after visiting the Warsaw Institute Store,
c. third-party cookies – enable providing the content of the website adjusted to the Client’s preferences,
d. providing stable and safe functioning of the Warsaw Institute Store
e. keeping viewing statistics of subpages of the Warsaw Institute Store.
The Customer can use the Warsaw Institute Store without the function of cookies, but some functions or services provided by the Warsaw Institute Store may not work properly. If the Customer does not agree on cookies, he or she shall choose to reject or to inform about cookies in web browser settings.
§9 Final provisions
1. Nothing in this Agreement is intended to affect the rights of the Customer. It cannot be interpreted in such a way because, in case of discrepancy of any part of the Regulations with the applicable law, the Seller declares application of legal regulations instead of the questioned provision of the Regulations.
2. The Seller has the right to change the Regulations due to an important reason, in particular in the case of:
a. the necessity to adjust the content of the Regulations to legal regulations which directly influence the Regulations and resulting in the necessity to modify the content to provide the compliance with the law
b. the necessity to adjust Regulations to recommendations, orders, judgements, resolutions, interpretations, directives and decisions of authorized bodies of the public authorities,
c. changes in the process of conclusion of Agreements through the Warsaw Institute Store,
d. development or change in functions of the Warsaw Institute Store, including the introduction of new electronic services provision or changes in current functions of the Warsaw Institute Store,
e. preventive measures against frauds
f. improvement of the Customer Service
g. changes in technical conditions of electronic services provision
h. changes in contact details, names, identification numbers, electronic addresses or links provided in the Regulations
i. the necessity to remove ambiguities, mistakes, or typographical errors if they occur in the content of the Regulations.
3. The Seller shall inform about changes at the Warsaw Institute Store website.
4. Changed Regulations are binding for the registered Customer, who does not withdraw from the Agreement on the management of User Account in the Warsaw Institute Store (does not withdraw from the User Account on the basis of the regulations stated in §3, section 10 of the Regulations). Registered Customers shall be informed about changes in Regulations via e-mail message (to the e-mail address provided during the registration or Order). The information will be sent at least 30 days before the implementation of new Regulations. Changes will be implemented especially for the purpose of adjustment of the Regulations to the current law.
5. The current version of the Regulations is always available for the Customer in the “Regulations” tab. During the processing of the Order and during the whole period of after-sale support service, the Customer is obliged by the Regulations accepted during the Order placement. Except for situations when the Consumer considers the previous Regulations as less beneficial from the current ones and informs the Seller about the choice of the current Regulations as binding.
6. The Seller is not responsible for blocking by administrators of mail servers messages to the email address provided by the Customer or blocking or deleting e-mail messages by software installed on the Client’s computer.
7. Any disputes between the Customer and the Seller shall be referred to a competent court in compliance with the Act of 17 October 1964 of the Code of Civil Procedure, as amended.
8. The Customer is entitled to use non-judicial, alternative methods of dispute resolution (so-called ODR). The Customer may request for mediation or dispute resolution to the permanent arbitration tribunal (Stały Polubowny Sąd Konsumencki). The Customer can also make a complaint through the EU online ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.
9. In all cases not regulated by the Regulations, legal regulations of the Polish law, in particular, the Civil Code, the Consumer Rights Act and Act on Rendering Electronic Services are applied.