Terms of Service
TERMS AND CONDITIONS OF THE ONLINE STORE
1. The Online Store www.merchit.pl respects consumer rights. A Consumer may not waive the rights granted under the Act on Consumer Rights. Contract provisions less favorable to the Consumer than the provisions of the Act on Consumer Rights shall be null and void, and the provisions of the Act on Consumer Rights shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted under mandatory provisions of law, and any doubts should be interpreted in favor of the Consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above-mentioned provisions, those provisions shall prevail and shall be applied.
2. GENERAL PROVISIONS
2.1. The Online Store available at www.merchit.pl is operated by MYMUSIC SPÓŁKA KOMANDYTOWA ŁUPICKI, CZYSZ, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0001044393, having: place of business and address for service: ul. Wierzbowa 31, 62-081 Wysogotowo, NIP 7811921571, REGON 363480243, e-mail address: bok@merchit.pl telephone number: 61 101 77 56.
2.2. These Terms and Conditions are addressed both to Consumers and to Entrepreneurs using the Online Store (with the exception of point 10 of the Terms and Conditions, which is addressed exclusively to Entrepreneurs).
2.3. The controller of personal data processed in connection with the performance of these Terms and Conditions is the Service Provider. Personal data are processed for the purposes, within the scope and on the basis of the principles indicated in the Online Store Terms and Conditions. Providing personal data is voluntary. Each person whose personal data are processed by the Service Provider has the right to access the content of their data and the right to update and correct them.
2.4. Definitions:
2.4.1. BUSINESS DAY
one day from Monday to Friday, excluding public holidays.
2.4.2. REGISTRATION FORM
a form available in the Online Store enabling the creation of an Account.
2.4.3. ORDER FORM
an Electronic Service; an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Contract, including the method of delivery and payment.
2.4.4. CUSTOMER
(1) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity who has reached the age of 16;
(2) a legal person; or
(3) an organizational unit without legal personality to which the law grants legal capacity;
– who has concluded or intends to conclude a Sales Contract with the Seller.
2.4.5. CIVIL CODE
the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).
2.4.6. ACCOUNT
an Electronic Service; a set of resources in the Service Provider’s ICT system identified by an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are stored.
2.4.7. NEWSLETTER
an Electronic Service; an electronic distribution service provided by the Service Provider via e-mail, enabling all Service Recipients using it to automatically receive periodic newsletter editions containing information about Products, new items and promotions in the Online Store.
2.4.8. PRODUCT
a movable item available in the Online Store which is the subject of the Sales Contract between the Customer and the Seller.
2.4.9. DIGITAL PRODUCT
e-books and other digital files in the formats *.mobi, *.epub, *.pdf, *.wave, *.MP3.
2.4.10. TERMS AND CONDITIONS
these Online Store Terms and Conditions.
2.4.11. ONLINE STORE
the Service Provider’s online store available at the internet address: www.merchit.pl
2.4.12. SELLER; SERVICE PROVIDER
MYMUSIC SPÓŁKA KOMANDYTOWA ŁUPICKI, CZYSZ conducting business activity under the business name MYMUSIC SPÓŁKA KOMANDYTOWA ŁUPICKI, CZYSZ, entered in the Central Registration and Information on Business Activity of the Republic of Poland maintained by the minister competent for economic affairs, having: place of business and address for service: ul. Wierzbowa 31, 62-081 Wysogotowo, NIP 7811921571, REGON 363480243, e-mail address: bok@merchit.pl, telephone number: 61 101 77 56.
2.4.13. SALES CONTRACT
a contract for the sale of a Product concluded or to be concluded between the Customer and the Seller via the Online Store.
2.4.14. ELECTRONIC SERVICE
a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
2.4.15. SERVICE RECIPIENT
(1) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity;
(2) a legal person; or
(3) an organizational unit without legal personality to which the law grants legal capacity;
– using or intending to use an Electronic Service.
2.4.16. ACT ON CONSUMER RIGHTS, ACT
the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
2.4.17. ORDER
a declaration of intent of the Customer submitted via the Order Form and aimed directly at concluding a Sales Contract for a Product with the Seller.
2.4.18. DISCOUNT
a form of reducing the total amount due.
2.4.19. SOLE TRADER ACTING WITH CONSUMER RIGHTS
a natural person concluding a contract directly related to their business activity where, from the content of that contract, it follows that it does not have a professional character for that person, resulting in particular from the subject of their business activity disclosed pursuant to the provisions on the Central Registration and Information on Business Activity.
3. ELECTRONIC SERVICES IN THE ONLINE STORE
3.1.
The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
3.1.1. Account
Using the Account is possible after completing all of the following three steps by the Service Recipient:
(1) completing the Registration Form,
(2) clicking the “Create account” button, and
(3) confirming the intention to create an Account by clicking the confirmation link sent automatically to the provided e-mail address.
In the Registration Form, the Service Recipient is required to provide the following data: first and last name / company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number and password.
In the case of Service Recipients who are not Consumers, it is also required to provide the company name and VAT ID number (NIP).
3.1.1.1.
The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: bok@merchit.pl or in writing to: ul. Wierzbowa 31, 62-081 Wysogotowo.
3.1.1.2.
By registering, the Customer declares that they are at least 16 years old. A person who has not reached the age of at least 16 is not entitled to create an Account.
3.1.2. Order Form
Using the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store.
Placing an Order takes place after the Customer completes the following two steps:
(1) completing the Order Form and
(2) clicking the “Confirm purchase” button on the Online Store website after completing the Order Form.
Until that moment, it is possible to independently modify the entered data (for this purpose, the Customer should follow the displayed messages and information available on the Online Store website).
In the Order Form, the Customer is required to provide the following data: first and last name / company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number, as well as data concerning the Sales Contract: Product(s), quantity of Product(s), place and method of delivery, and method of payment.
In the case of Customers who are not Consumers, it is also required to provide the company name and VAT ID number (NIP).
3.1.2.1.
The Electronic Service Order Form is provided free of charge and is of a one-time nature, and it ends when an Order is placed via it or when the Service Recipient ceases placing an Order via it earlier.
3.2.
Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
(1) a computer, laptop or other multimedia device with Internet access;
(2) access to e-mail;
(3) a web browser: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher;
(4) recommended minimum screen resolution: 1024x768;
(5) enabling cookies and JavaScript support in the web browser.
3.3.
The Service Recipient is obliged to use the Online Store in a manner compliant with the law and good practices, taking into account respect for personal rights as well as copyrights and intellectual property rights of the Service Provider and third parties.
The Service Recipient is obliged to provide data consistent with the facts.
The Service Recipient is prohibited from providing unlawful content.
3.4. Complaint procedure
3.4.1.
Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure specified in point 6 of the Terms and Conditions) may be submitted by the Service Recipient, for example:
3.4.2.
in writing to the address: ul. Wierzbowa 141A, 60-082 Wysogotowo;
3.4.3.
in electronic form via e-mail to: bok@merchit.pl
3.4.4.
It is recommended that the Service Recipient include in the complaint description:
(1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity;
(2) the Service Recipient’s request; and
(3) contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Service Provider.
The requirements specified above are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
3.4.5.
The Service Provider shall respond to the complaint without undue delay, no later than within 30 calendar days from the date of its submission.
4. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4.1.
The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer submits an Order via the Order Form in the Online Store, in accordance with point 2.1.2 of the Terms and Conditions.
4.2.
The Product price displayed on the Online Store website is given in Polish zloty (PLN) and includes taxes.
The Customer is informed of the total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal service fees) and other costs, and where these costs cannot be determined – of the obligation to pay them, on the Online Store website during the ordering process, including at the moment the Customer expresses their will to be bound by the Sales Contract.
4.3. Procedure for concluding a Sales Contract via the Order Form
4.3.1.
The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer submits an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions and after confirmation by the store staff by changing the status to “Order accepted for processing”.
4.3.2.
After submitting an Order, the Seller confirms its receipt and at the same time accepts the Order for processing.
Confirmation of receipt of the Order and its acceptance for processing takes place by sending the Customer an appropriate e-mail message to the e-mail address provided during the ordering process, with the status “Order accepted for processing”, which contains at least the Seller’s statements confirming receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Contract.
At the moment the Customer receives the above e-mail message, the Sales Contract between the Customer and the Seller is concluded.
4.4.
Recording, securing and making available to the Customer the content of the concluded Sales Contract takes place by:
(1) making these Terms and Conditions available on the Online Store website, and
(2) sending the Customer the e-mail message referred to in point 4.3.2 of the Terms and Conditions.
4.5.
The content of the Sales Contract is additionally recorded and secured in the Seller’s Online Store IT system.
5. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
5.1.
The Seller provides the Customer with the following payment methods under the Sales Contract:
5.1.1.
Cash on delivery upon receipt of the shipment.
5.1.2.
Payment by bank transfer to the Seller’s bank account.
5.1.3.
Bank: ING Account number: 42 1050 1520 1000 0090 3082 6268
5.2. Payment deadline
5.2.1.
If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 5 calendar days from the date of conclusion of the Sales Contract.
In the case of orders including pre-sale Products, the payment deadline is also 5 days.
5.2.2.
If the Customer chooses cash on delivery, the Customer is obliged to make payment upon receipt of the shipment.
6. COST, METHODS AND DELIVERY TIME OF THE PRODUCT
6.1.
Delivery of the Product is available within the territory of the Republic of Poland.
6.2.
Delivery of the Product to the Customer is chargeable, unless the Sales Contract provides otherwise.
Delivery costs (including transport, delivery and postal service fees) are indicated to the Customer on the Online Store website in the “Delivery costs” section and during the ordering process, including at the moment the Customer expresses their will to be bound by the Sales Contract.
6.4.1.
If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date the Seller’s bank account or settlement account is credited.
6.4.2.
If the Customer chooses cash on delivery – from the date of conclusion of the Sales Contract.
7. PRODUCT COMPLAINTS
7.1.
The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (statutory warranty), are specified by generally applicable provisions of law, in particular the Civil Code.
7.2.
The Seller is obliged to deliver the Product free from defects.
Detailed information regarding the Seller’s liability for defects of the Product and the Customer’s rights is specified on the Online Store website in the “Returns and complaints” section.
7.3.
A complaint may be submitted by the Customer, for example:
7.3.1.
in writing to the address: ul. Wierzbowa 141a, 62-081 Wysogotowo
7.3.2.
in electronic form via e-mail to: bok@merchit.pl
7.4.
It is recommended that the Customer include in the complaint description:
(1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;
(2) the requested method of bringing the Product or Digital Product into conformity with the Sales Contract, or a statement on price reduction or withdrawal from the Sales Contract; and
(3) contact details of the complainant – this will facilitate and speed up processing of the complaint by the Seller.
The requirements specified above are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
7.5.
The Seller shall respond to the Customer’s complaint without undue delay, no later than within 30 calendar days from the date of its submission.
Failure by the Seller to respond within the above time limit means that the Seller has deemed the complaint justified.
7.6.
A Customer exercising rights under statutory warranty is obliged, at the Seller’s expense, to deliver the defective Product to the address:
ul. Wierzbowa 141a, 62-081 Wysogotowo.
If, due to the nature of the Product or the manner of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
7.7.
The Customer may submit a complaint regarding a Digital Product in particular if the purchased Digital Product proves to be damaged or does not function properly, or if within 24 hours from making payment for the Digital Product the Customer is not provided with access to download the Digital Product.
7.8.
Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store may be submitted by the Service Recipient:
7.8.1.
in writing to: MYMUSIC SPÓŁKA KOMANDYTOWA ŁUPICKI, CZYSZ, ul. Wierzbowa 31, 62-081 Wysogotowo
7.8.2.
in electronic form via e-mail to: bok@merchit.pl
7.8.3.
It is recommended that the Service Recipient include in the complaint description:
(1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity;
(2) the Service Recipient’s request;
(3) contact details of the complainant – this will facilitate and speed up processing of the complaint by the Service Provider.
The above requirements are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
7.8.4.
The Service Provider shall respond to the complaint without undue delay, no later than within 30 calendar days from the date of its submission.
7.9.
The Seller is liable towards the Customer if the sold Product has a physical or legal defect (statutory warranty), in accordance with the applicable provisions.
The Seller is liable under statutory warranty for physical defects that existed at the time the risk passed to the Customer or resulted from a cause inherent in the sold Product at that time, which were identified before the expiry of two years from the date the Product was delivered to the Customer.
7.10.
If the Product has a defect, the Customer may:
a) submit a statement on price reduction or withdrawal from the Sales Contract, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Product with a defect-free Product or removes the defect;
b) request replacement of the defective Product with a defect-free Product or removal of the defect.
The Seller is obliged to replace the defective Product with a defect-free Product or remove the defect within a reasonable time and without excessive inconvenience to the Customer.
7.11.
The limitation referred to in point 7.10(a) does not apply if the Product has already been replaced or repaired by the Seller, or if the Seller has failed to fulfil the obligation to replace the Product with a defect-free one or to remove the defect.
7.12.
A Consumer may, instead of the removal of the defect proposed by the Seller, request replacement of the Product with a defect-free one, or instead of replacement request removal of the defect, unless bringing the Product into conformity with the Sales Contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the manner proposed by the Seller.
When assessing the excessive nature of costs, the value of a defect-free Product, the type and significance of the identified defect, as well as the inconvenience to which the Customer would be exposed by another method of remedy, shall be taken into account.
7.13.
The Customer may not withdraw from the Sales Contract if the defect is insignificant.
7.14.
The Seller may refuse to comply with the Customer’s request referred to in point 7.10(b) if bringing the defective Product into conformity with the Sales Contract in the manner chosen by the Customer is impossible or, compared to the other possible method of bringing the Product into conformity, would require excessive costs.
The costs of repair or replacement of the Product shall be borne by the Seller.
7.15.
If the Customer is a Consumer and the physical defect was identified before the expiry of one year from the date of delivery of the Product, it shall be presumed that the defect or its cause existed at the time the risk passed to the Consumer.
7.16.
A Customer exercising statutory warranty rights shall deliver the defective Product to the Seller’s address indicated in these Terms and Conditions.
If the Customer is a Consumer, the cost of delivery shall be borne by the Seller.
7.17.
The Seller is liable under statutory warranty if the physical defect is identified before the expiry of two years.
A claim for removal of the defect or replacement of the sold Product with a defect-free one becomes time-barred after one year from the date the defect is identified.
If the Customer is a Consumer, the limitation period may not expire before the lapse of two years.
Within the one-year period, the Customer may also submit a statement on withdrawal from the Sales Contract or price reduction due to the defect of the sold Product.
If the Customer requested replacement of the Product with a defect-free one or removal of the defect, the limitation period for submitting a statement on withdrawal from the Sales Contract or price reduction begins upon ineffective expiry of the deadline for replacement or removal of the defect.
7.18.
If a Consumer has requested replacement of the Product or removal of the defect, or has submitted a statement on price reduction indicating the amount by which the price is to be reduced, and the Seller has failed to respond to this request within 30 (thirty) calendar days, it shall be deemed that the Seller has accepted the request as justified.
8. OUT-OF-COURT METHODS OF COMPLAINT HANDLING AND CLAIMS PURSUIT AND RULES OF ACCESS TO THESE PROCEDURES
8.1.
Detailed information regarding the possibility for a Consumer Customer to use out-of-court methods of complaint handling and claims pursuit, as well as the rules of access to these procedures, is available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, as well as at the following websites of the Office of Competition and Consumer Protection (UOKiK):
http://www.uokik.gov.pl/spory_konsumenckie.php;
http://www.uokik.gov.pl/sprawy_indywidualne.php;
http://www.uokik.gov.pl/wazne_adresy.php.
The above provisions also apply to a sole trader acting with consumer rights, if the purchases made (contract concluded) do not have a professional character for that person.
8.2.
A Consumer Customer has the following exemplary possibilities to use out-of-court methods of complaint handling and claims pursuit:
8.2.1.
The Customer is entitled to apply to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection, with a request to resolve a dispute arising from the concluded Sales Contract.
The rules for the organization and operation of permanent consumer arbitration courts are specified in the Regulation of the Minister of Justice of 25 September 2001.
8.2.2.
The Customer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection, with a request to initiate mediation proceedings aimed at amicable resolution of the dispute between the Customer and the Seller.
8.2.3.
The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller by using free assistance of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation and the Association of Polish Consumers).
9. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9.1.
A Consumer who has concluded a distance contract may, within 30 calendar days, withdraw from it without giving any reason and without incurring any costs, except for the costs specified in point 9.9 of the Terms and Conditions.
To meet the deadline, it is sufficient to send the withdrawal statement before the expiry of the deadline.
A withdrawal statement may be submitted, for example:
9.1.1.
in writing to the address: ul. Wierzbowa 141a, 62-081 Wysogotowo
9.1.2.
in electronic form via e-mail to: bok@merchit.pl
9.2.
The right of withdrawal does not apply to the Consumer in the case of purchase of Products such as:
9.2.1.
phone cases,
9.2.2.
virtual products – digital files.
9.3.
An exemplary withdrawal form template is included in Annex No. 2 to the Act on Consumer Rights and is additionally available on the Online Store website in the “Returns and complaints” section.
The Consumer may use the template, but it is not mandatory.
9.4.
The period for withdrawal from the contract begins:
9.4.1.
for a contract under which the Seller delivers the Product and is obliged to transfer its ownership – from the moment the Consumer or a third party designated by them, other than the carrier, takes possession of the Product; and in the case of a contract which:
(1) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part; or
(2) consists in regular delivery of Products for a fixed period – from taking possession of the first of the Products;
9.4.2.
for other contracts – from the date of conclusion of the contract.
9.5.
In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
9.6.
The Seller is obliged to immediately, no later than within 14 calendar days from the date of receiving the Consumer’s withdrawal statement, return all payments made by the Consumer, including delivery costs of the Product (except for additional costs resulting from the Consumer choosing a method of delivery other than the cheapest ordinary delivery method available in the Online Store).
The Seller shall make the refund using the same payment method used by the Consumer, unless the Consumer has expressly agreed to another refund method that does not involve any costs for the Consumer.
If the Seller has not offered to collect the Product from the Consumer themselves, the Seller may withhold the refund until the Product is returned or until the Consumer provides proof of sending it back, whichever occurs first.
9.7.
The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product themselves.
To meet the deadline, it is sufficient to send the Product back before the deadline expires.
The Consumer may return the Product to the address:
ul. Wierzbowa 141a, 62-081 Wysogotowo
9.8.
The Consumer is liable for any reduction in the value of the Product resulting from use of the Product in a manner exceeding what is necessary to determine the nature, characteristics and functioning of the Product.
9.9.
Possible costs related to withdrawal from the contract which the Consumer is obliged to bear:
9.9.1.
If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
9.9.2.
The Consumer bears the direct costs of returning the Product.
9.9.3.
In the case of a Product that is a service, the performance of which – at the explicit request of the Consumer – began before the expiry of the withdrawal period, the Consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided until the moment of withdrawal.
The amount to be paid shall be calculated proportionally to the scope of the fulfilled service, taking into account the price or remuneration agreed in the contract.
If the price or remuneration is excessive, the basis for calculation shall be the market value of the fulfilled service.
9.10.
The right of withdrawal from a distance contract does not apply to contracts:
(1) for the provision of services, if the Seller has fully performed the service with the Consumer’s explicit consent and after informing the Consumer before commencement of the service that they will lose the right of withdrawal after the service has been fully performed;
(2) in which the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control;
(3) in which the subject of the service is a non-prefabricated Product manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs;
(4) in which the subject of the service is a Product subject to rapid deterioration or with a short shelf life;
(5) in which the subject of the service is a Product delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
(6) in which the subject of the service consists of Products which, after delivery, due to their nature, are inseparably connected with other items;
(7) in which the subject of the service consists of alcoholic beverages whose price was agreed at the conclusion of the Sales Contract and whose delivery may take place only after 30 days and whose value depends on market fluctuations beyond the Seller’s control;
(8) in which the Consumer has explicitly requested the Seller to visit them for urgent repair or maintenance;
(9) in which the subject of the service consists of sound or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery;
(10) for the delivery of newspapers, periodicals or magazines, except for subscription contracts;
(11) concluded by way of public auction;
(12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, leisure services, entertainment, sporting or cultural events, if the contract specifies a day or period of service;
(13) for the supply of digital content not supplied on a tangible medium, if the performance began with the Consumer’s explicit consent before the expiry of the withdrawal period and after informing the Consumer of the loss of the right of withdrawal.
10. PROVISIONS REGARDING ENTREPRENEURS
10.1.
This section of the Terms and Conditions and the provisions contained herein apply exclusively to Customers and Service Recipients who are not Consumers. These provisions also apply to a sole trader acting with consumer rights, if the purchases made (contract concluded) do not have a professional character for that person.
10.2.
The Seller has the right to withdraw from a Sales Contract concluded with a Customer who is not a Consumer within 30 calendar days from the date of its conclusion.
Withdrawal from the Sales Contract in this case may take place without stating reasons and does not give rise to any claims by the non-consumer Customer against the Seller.
10.3.
In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and regardless of the fact that the Sales Contract has been concluded.
10.4.
Upon the Seller handing over the Product to the carrier, the non-consumer Customer acquires the benefits and bears the burdens associated with the Product, as well as the risk of accidental loss or damage to the Product.
In such a case, the Seller shall not be liable for loss, shortage or damage to the Product arising from acceptance of the Product for transport until delivery to the Customer, nor for delays in transport.
10.5.
If the Product is shipped to the Customer via a carrier, the non-consumer Customer is obliged to examine the shipment at the time and in the manner customary for shipments of that type.
If the Customer determines that loss or damage occurred during transport, they are obliged to take all actions necessary to establish the carrier’s liability.
10.6.
Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under statutory warranty for the Product towards a Customer who is not a Consumer is excluded.
10.7.
In the case of Service Recipients who are not Consumers, the Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement.
10.8.
The liability of the Service Provider/Seller towards a Service Recipient/Customer who is not a Consumer, regardless of its legal basis, is limited – both within a single claim and in total for all claims – to the amount of the paid price and delivery costs under the Sales Contract, but not more than one thousand Polish zloty (PLN 1,000).
The Service Provider/Seller shall be liable towards a non-consumer Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits.
10.9.
Any disputes arising between the Seller/Service Provider and a Customer/Service Recipient who is not a Consumer shall be submitted to the court having jurisdiction over the registered seat of the Seller/Service Provider.
11. DIGITAL PRODUCTS
11.1.
The Customer may order only one copy of a given Digital Product title.
11.2.
Digital Products available in the Online Store may be subject to technical protection measures securing them against unlawful use.
A detailed description is provided in the information relating to each Digital Product published on the website www.merchit.pl.
11.3.
Digital Products:
11.3.1.
are sold in the following formats: *.mobi, *.epub, *.pdf, *.wave, *.MP3.
11.4.
The purchase of Digital Products is carried out only after payment is made in advance.
11.5.
When placing an Order for Digital Products, the Customer is additionally required to give consent to the delivery of digital content before the expiry of the withdrawal period (in circumstances resulting in the loss of the right of withdrawal from the contract), in accordance with Article 38 point 13 of the Act of 30 May 2014 on Consumer Rights.
Lack of such consent results in the Digital Product being made available after 14 days from the date of purchase.
11.6.
If an Order includes both Digital Products and Products, each Order shall be processed separately.
11.7.
In order to download a Digital Product, the Customer should click the “Download” button located next to the Digital Product.
After clicking, a file in *.mobi, *.epub, *.pdf, *.wave or *.MP3 format will be made available for download.
11.8.
The Seller recommends saving Digital Products to a data storage medium after purchase.
11.9.
The Customer has the right to use Digital Products solely for their own personal use, in accordance with generally applicable provisions of law.
11.10.
The Customer is not entitled to:
11.10.1.
distribute Digital Products or their adaptations, in whole or in part, for profit-making or non-profit purposes;
11.10.2.
reproduce Digital Products for any purpose other than personal use.
11.11.
Making Digital Products available to third parties is prohibited.
11.12.
A Digital Product in the form of a *.mobi, *.epub or *.pdf file is made available to the Customer by sending it to the e-mail address provided when creating the Account or by making it available in the “My Account” section after logging in to the Online Store.
11.13.
If a Digital Product consists of more than one file, a list of files available for download will be displayed or the files will be sent in several separate e-mail messages.
12. FINAL PROVISIONS
12.1.
Contracts concluded via the Online Store are concluded in the Polish language.
12.2. Amendment of the Terms and Conditions
12.2.1.
The Service Provider reserves the right to amend the Terms and Conditions for important reasons, such as: changes in legal regulations; changes in payment methods and delivery methods – to the extent that such changes affect the performance of the provisions of these Terms and Conditions.
12.2.2.
In the event that, under these Terms and Conditions, contracts of a continuous nature are concluded (e.g. provision of an Electronic Service – Account), the amended Terms and Conditions shall bind the Service Recipient if the requirements specified in Articles 384 and 384¹ of the Civil Code are met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification.
If the amendment of the Terms and Conditions results in the introduction of any new fees or an increase of existing fees, a Service Recipient who is a Consumer has the right to withdraw from the contract.
12.2.3.
In the event that, under these Terms and Conditions, contracts of a nature other than continuous contracts are concluded (e.g. Sales Contracts), amendments to the Terms and Conditions shall not infringe the acquired rights of Service Recipients/Customers who are Consumers prior to the effective date of the amendments, and in particular shall not affect Orders already placed or concluded, or Sales Contracts already concluded, performed or executed.
12.3.
In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular:
the Civil Code;
the Act on the Provision of Electronic Services of 18 July 2002;
for Sales Contracts concluded from 25 December 2014 with Customers who are Consumers – the Act of 30 May 2014 on Consumer Rights;
as well as other relevant generally applicable provisions of law.
LANGUAGE CLAUSE
This English version of the Terms and Conditions is provided for informational purposes only.
In the event of any discrepancies between the Polish and English versions, the Polish version shall prevail.
