TERMS AND CONDITIONS
This website www.ecs.museumstore.pl (hereinafter the “ECS Museum Store Internet Shop”) is operated by:
WPG S. A.
ul. Janowskiego 11
that is entered into the National Court Register maintained by the District Court for the Capital City of Warsaw, XIII Commercial Department under KRS number KRS0000419733. The share capital is PLN 200 000, Regon Number 141752080, NIP 9512281596 (hereinafter the “Company”).
§1 Purchase order conditions
- The Customer of the Internet Shop ECS Museum Store can only be a public body or a natural person that owns a full or partial legal capacity.
- The Customer can place the orders 7 days a week 24 hours a day using the website www.ecs.museumstore.pl. After registering and logging in to the website, the Customer places the purchase order indicating the chosen product by clicking the “TO THE BASKET” button, choosing the delivery and payment method and then confirming the order.
- To place a purchase order, the Customer has been logged in and have the ordered items, the delivery address, the invoice details, the way of delivery, the payment method and the discount coupons listed.
- The information about the purchase limits, the delivery methods and terms and conditions for discount coupons are available in the Help section of the ECS Museum Store website.
- The purchase order procedure includes “TO THE BASKET”, „LOG IN/GIVE DETAILS”, “PLACE THE ORDER” commands. The purchase order equals placing the Company the offer of a products sales contract.
- After placing the order, the Company sends the order registry confirmation to the given email address. The order registry confirmation is the Company’s offer acceptance announcement that is mentioned in the arrangement above.
- The object of the order is delivered to the indicated address or can be collected personally by the Customer from our Shop in the European Solidarity Centre, pl. Solidarności 1, 80-863 Gdańsk.
- The Company reserves the right of excluding some order delivery channels or payment methods with regard to certain items, item’s category or the number of ordered items.
- The Company reserves the right to exclude some order delivery channels and methods of payment of a Customer who:
a) will not collect at least 3 cash on delivery orders within 14 days from the date of the delivery – in case of the deliveries realized by Poczta Polska either to the Customer’s address or to the shop in the European Solidarity Centre in Gdańsk
b) at least 3 times refused courier parcel collection – in case of deliveries realized by courier service
c) in case of notorious placing the orders and canceling them
The reenactment of the excluded order delivery channels or payment methods is only possible after placing 3 several orders paid in advance and collecting the parcels with the ordered items.
- When the product is not in stock or the order cannot be realized for some other reasons - that includes the situation when the order cannot be realized on time – the Company will inform the Customer about this fact by sending an information on the given email address or by making a phone call on the given number.
- When the part of the order cannot be realized, the Company can suggest the Customer:
a) canceling the whole order (in case of choosing this option by the Customer, the Company will be released from the realization of the order)
b) canceling the part of the order which is impossible to be realized on time (in case of choosing this option, the order will be realized partly only and the Company will be released from the realization of rest of the order)
c) dividing the order and choosing the new date of realization due to the part of the delivery which realization is impossible by the previously confirmed (in case of choosing this option, the ordered items will be sent in few several packages but the Customer will not incur the extra cost of the several parcels delivery)
- When the product is not in stock or when the order realization is not possible for some other reasons, the Company has the right of withdrawal from the sales agreement within 30 (thirty) days starting from the date of issue. The Company reserves the right of withdrawal of the sales agreement within 14 (fourteen) days from the date of issue when it has been signed during the malfunction of ECS Museum Store information system, especially when appearing on the ECS Museum Store website incorrect prices or items descriptions and connecting two or more discount coupons or other discounts by the system if terms and conditions do not allow to do so. If the payment for an item was prepaid, the Company will pay back the amount paid to the Customer within 14 (fourteen) days from the date of announcement of the sales agreement withdrawal and based on the principles mentioned in§ 8.
- The customer is obliged to keep his ECS Museum Store Internet Shop account login and password in a safe place. The Company does not bear the responsibility for the operations made by a third party that obtained Customer’s account access as a result of not following the above rule.
- In case of giving a wrong or a partial address, the Company does not bear the responsibility for a non-delivery or a delay in the delivery of the ordered item.
§ 2 Products prices
- The Company publishes the products information on the ECS Museum Store Internet Shop website and sales the above-listed products through the internet.
- The ECS Museum Store Internet Shop prices listed by the product photo include VAT tax, appear in Polish Złoty and do not include the delivery payment information.
- The binding and final price of the product appears on ECS Museum Store Internet Shop website in the moment of placing the order by the Customer.
- The information about the total value of the order appears in the „BASKET” after choosing the ordered item method of delivery and method of payment by the Customer.
- The Company reserves the right of changing products prices and making and canceling promotions and sales. The right does not affect the orders placed before the date of price, promotion conditions or sales changes.
- The ECS Museum Store Internet Shop discounts do not combine unless the promotion conditions state differently.
§ 3 Order modification
- The Customer can make changes in the order until the Company sends the parcel with the order to the Customer. The changes can apply to the whole order or the part of the order, delivery address or invoice details. In case of resigning from the order and \ the prepaid payment made, the return of the payment will occur within 14 (fourteen) days from the day of obtaining the Customer’s resignation by the Company. The conditions of returns to the Customers are described in § 9.
- The changes in the order can only be made in “My Account” ECS Museum Store Internet Shop website bookmark or by contact with the Customer Service.
§ 4 Payment methods and the start of the order realization
The ordered items are delivered within Poland only. The payment can be done:
- by cash when collecting the order from the shop in the European Solidarity Centre
- by cash when delivering the order by Poczta Polska or a courier company. In this case, the order realization will start straight after finishing placing the order on the ECS Museum Store Internet Shop website by the Customer
- by a transfer using any of the accepted by the company paying system credit cards. In this case, sending the order will start when receiving by ECS Museum Store Internet Shop a correct payment confirmation from realizing the payment legal entity.
- The Customer cannot partly prepay and partly pay on receipt for the order. The method of payment can be connected with the type of item or/and the place of order collection.
- The Customer can use a discount coupon received from ECS Museum Store Internet Shop or another entity that purchased the discount coupons for its customers.
- The discount coupons have an expiry date until which the Customer can use the offered discount. The promotional code cannot combine with any other promotional code or offer unless terms and conditions of the particular promotion allow that. The promotional code will not lower the value of the order if it is less than 0,02 zł in total.
§ 5 The time of the orders realizations
- The Company can place on the website an information about the amount of working days (that means days of the week from Monday to Friday with an exclusion of the Bank Holidays) during which the parcel with the delivery should be sent. This information is an estimated time counted from the moment of the order delivery acceptance until the moment of sending the order to the Customer by Poczta Polska or a courier company. The order realization time is declared in view of completing all of the ordered products.
- The ordered item can be delivered via Poczta Polska or a courier company under the address chosen by the Customer or to the shop in the European Solidarity Centre.
- In Poland, the subject of the order may be delivered via Poczta Polska or a courier company to the address indicated by the Customer.
- Outside Poland, the subject of the order is delivered via Poczta Polska or a courier company to the address indicated by the Customer.
- The company is not responsible for the extended delivery time or lack of delivery due to the customer providing an incorrect or incomplete delivery address.
§ 6 Complaint Terms and Conditions
- The company is liable to the Customer if the item sold has a physical or legal defect.
- The company is not responsible for the inconsistency of the goods with the contract, if the Customer knew or should know at the time of the conclusion of the contract.
- The Customer has a right to make a complaint within 14 days from the date of the delivery. It this case the Customer is obliged to inform the Company promptly about the noticed order discrepancy.
- Complaints should be submitted in writing to the address of the store in the European Solidarity Center pl. Solidarności 1, 80-863 Gdańsk or to the e-mail address firstname.lastname@example.org.
- The Company will answer the Customer’s complaint within 14 days and will inform him about further steps.
- An obligatory condition to have the complaint investigated is delivering the item(s) and a receipt with a complaint description (complaint document sample).
The notification should contain a description of the non-compliance of the goods with the contract and the preferred method of settling the complaint, ie repair, replacement with a new one, refund of cash benefits, i.e. price, shipping costs and costs of sending the goods back to the Company.
When the item was delivered by Poczta Polska or a Courier company, the complaint should be sent to:
Sklep ECS Museum Store
Europejskie Centrum Solidarności,
Pl. Solidarności 1,
- By Poczta Polska (by an economy parcel). It this case the Company will return to the Customer all of the documented costs of the delivery. In case of sending to the Customer the on receipt parcel or to the shop in the European Solidarity Centre, the return of the costs will occur according to the rules described below, in § 9.
- In case of an admitted claim – the Company will fix or replace the complaint item with a product of full value or, if the replacement will not be possible, will return the value of the complaint item within 14 days from the admitted claim.
- The Company will refund the payment using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly agreed otherwise; in any case, the Customer shall not incur any fees in connection with this return.
- The Company is not liable for failure to refund or delay the return period if the Customer, despite a request sent to an e-mail address, does not indicate the bank account number to which the payment is to be made or if he does not provide the Company with all the data necessary to make the payment.
- The company is not liable for failure to make a refund or its delay if it occurred due to the transfer of incorrect personal data (name, surname, address) or an incorrect account number by the Customer.
- The basis of the complaint may not be differences in the appearance of the Product resulting from the settings of the Customer's monitor, i.e. color, shades, resolution. The customer in case of any doubts about the product is required to ask the Company about it via the contact form or e-mail address email@example.com
§ 7 Warranty conditions
- The products sold by the Company can have a warranty given by a distributor or a producer. The Company does not provide any warranty on the sold products.
- In case of a product with a producer’s or distributor’s warranty, the Customer can make a complaint about an item:
a) using the rights from the warrantee – in this case the Customer makes a complaint directly to the warrantor (the party giving the warranty) and the Company only passes on the complaint. The Customer can either make his complaint about the warranty service or to the Company.
b) using the rights given by the seller and based on an ordered item discrepancy with the description.
§ 8 Order resignation and withdrawal from the agreement
- The Customer may resign from the order if the products comprising them have not yet been sent by contacting the Customer Service or by canceling the order at sklep.ecs.gda.pl
- The Customer mentioned in the determination above can return the order fully or partly:
a) in the shop in the European Solidarity Centre – when collecting the parcel
b) after collecting the parcel delivered by Poczta Polska or a courier. In his case the returned item(s) should be sent to:
Sklep ECS Museum Store
Europejskie Centrum Solidarności,
Pl. Solidarności 1,
- All the payments between the sides are realized in PLN (Polish Złoty). In case of a payment made from foreign currency account, the return of the amount paid will be realized in Polish Złoty. The Company does not take responsibility for any extra burdens that can arise from the conversion.
- The Company does not collect any cash on delivery parcels and is not responsible for any extra costs that can arise from this kind of deliveries.
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
In accordance with applicable law, within 14 days of receipt of the ordered product, the Customer (a customer who is a physical person shopping at the ECS Museum Store Online in the field of activities not directly related to his business or professional) has the right to return it without giving reasons, with provided that the benefits and products that are not recoverable, from the purchase of which, in accordance with applicable law, cannot be waived. The withdrawal from the contract, including the model withdrawal form, which the Customer may use, as well as cases in which the right to withdraw from the contract is not available, are specified in the instruction, constituting Appendix No. 1 to the Regulations.
Appendix No. 1
1. The Customer has the right to withdraw from this contract within 14 days without giving any reason.
2. The deadline to withdraw from the contract expires after 14 days from the date of delivery.
3. In order to exercise the right to withdraw from the contract, the Customer must inform the Company (ECS Museum Store in the European Solidarity Center, Pl. Solidarności, 80-863 Gdańsk, firstname.lastname@example.org) about its decision to withdraw from this contract by way of a clear statement (on example letter sent by mail, fax or email).
4. The Customer may use the model withdrawal form available on our website, but it is not mandatory.
5. To keep the deadline for withdrawal, enough to send customer information on the customer exercising the right of withdrawal before the deadline to withdraw from the contract.
Effects of withdrawal from the contract
1. In the event of withdrawal from this agreement, the Company returns to the Customer all payments received from the Customer, including delivery costs (except for additional costs resulting from the method of delivery other than the cheapest method of delivery offered by the Company), immediately and in any case not later than 14 days from the date on which the Company was informed by the Customer about his decision to exercise the right to withdraw from this contract.
2. The Company will refund the payment using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly consented to a different solution; in any case, the Customer shall not incur any fees in connection with this return.
3. The company may withhold the reimbursement until receipt of the item or until proof of its return is provided to us, depending on which event occurs first.
4. The Company is not liable for failure to refund or delay the return period if the Customer, despite a request sent to an e-mail address, does not indicate the bank account number to which the payment is to be made or if he does not provide the Company with all the data necessary to make the payment.
5. The company is not liable for failure to make a refund or its delay if it occurred due to the transfer of incorrect personal data (name, surname, address) or an incorrect account number by the Customer. The item should be sent back or forwarded to the address of the store in the European Solidarity Center Pl. Solidarności 1, 80-863 Gdańsk immediately, and in any case not later than 14 days from the date on which the Customer informed the Company of withdrawal from this contract. The deadline is met if the customer sends back the item before the deadline of 14 days.
6. The Customer will bear the direct cost of returning the item.
7. The customer is only liable for a reduction in the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.
The right of withdrawal does not apply in respect of contracts:
1) for the provision of services, if the entrepreneur has fully provided the service with the express consent of the consumer who has been informed before the service begins that after the entrepreneur has fulfilled the benefit he will lose the right to withdraw from the contract;
2) in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract;
3) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individualized needs;
4) in which the subject of the service is an item subject to rapid deterioration or having a short shelf-life;
5) in which the object of the service is an item delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
6) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
7) in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
8) for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement
9) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract designates a day or period of service;
10) for delivery of digital content that is not stored on a tangible medium if the fulfillment of the service started with the consumer's explicit consent before the deadline to withdraw from the contract and after the trader has informed him about the loss of the right to withdraw from the contract;
11) unpacked from the factory packaging of mascots, toys and board games.
WITHDRAWING FROM THE AGREEMENT FORM
(this form should be filled in and returned only if you wish to withdraw from the contract)
(PLACE AND DATE)
Sklep ECS Museum Store
Europejskie Centrum Solidarności,
Al. Solidarności 1,
I ................................. hereby inform about my withdrawal from the contract of sale of the following items ......................................................................, offer / receipt number …………………………………
Date of conclusion of the contract / receipt ..................................................
Date of receipt of the parcel ..................................................
First name and last name ......................................................
Signature and date (only if the form is sent in paper version)
§ 9 Returning the amount paid
1. The Company will return the amount paid within 14 calendar days when:
a) canceling the whole order or a part of a cash down delivery (in his case the specific amount of the order will be returned)
b) returning the item (withdrawal from the agreement) from the order delivered by Poczta Polska or a courier company
c) returning the item (withdrawal from the agreement) from the order collected from shop in the European Solidarity Centre and prepaid
d) having an admitted claim and no possibility of repairing the faulty item or exchanging into a new one
2. The way of payment return depends on the method of payment used by the Customer when paying in advance for the delivery.
3. The Company will make a return of the amount paid on the Customer’s bank account (and connected with the Customer’s debit or credit card) if the order was paid:
a) in advance by a transfer or a credit card;
b) by collecting from a courier or in the post office.
4. The Company does not take the responsibility for not returning the amount paid or a delay in the return when, in spite of sending to the email address given by a Customer a request for sending the Company the account number, the Customer will not send the correct data back or when the answer will not have all the data needed to make the transfer. The Company does not take the responsibility for not returning the amount(s) paid or a delay in the return if they are caused by the incorrect bank account number, address or name data given by the Customer.
5. The Company is not obliged to return the amount paid directly to the Customer if the payment was made by using a foreign account, credit or debit card. In the case when at least one of the circumstances listed above applies, the return will be made directly to the owner of the account, credit or debit card used to make the payment and as per described in this paragraph.
§ 10 Personal Data
1. The administrator of the Customer's personal data is WPG S.A. with its registered office in Warsaw (02-784), at ul. Janowskiego 11. The Administrator can be contacted at the email address: email@example.com and by correspondence to the address of the registered office of the Company.
2. By registering in ECS Museum Store Internet Shop and marking the right box of the registration form, the Customer agrees for processing the Personal Data (name, last name, address, email address, phone number) by the Company in order to realize the order(s) made in ECS Museum Store Internet Shop.
3. Giving the Personal Data by the Customer is voluntary, however, the lack of permission for Personal Data processing enables the registration and the realization of the order in ECS Museum Store Internet Shop.
4. The company guarantees the protection of personal data and the processing of personal data in accordance with the Regulation of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC ( hereinafter "GDPR").
5. Personal data of clients or persons acting on their behalf will be processed on the basis of art. 6 par. 1 ltr. b) GDPR in order to perform the contract for the provision of Electronic Services, in order to enable the creation of an Account, maintaining the Account and its functionality, sending newsletters and performing other Electronic Services, as well as to perform Contracts for which the Customer is a part or take action on demand Customer before concluding the Contract, i.e. effectively placing an Order. Personal data will also be processed for purposes resulting from the legitimate interests of the Company, i.e. pursuant to art. 6 par. 1 ltr. f) GDPR, among others in order to optimize the operation of the Store, in order to inform the Customer about new products, services and promotions offered by the ECS Museum Store, statistics and conduct ongoing contact with customers. After expressing separate consent, pursuant to art. 6 par. 1 ltr. a) GDPR, data may also be processed for the purpose of sending newsletters. Customer's personal data may also be processed on the basis of art. 6 par. 1 point c GDPR for accounting and bookkeeping purposes, when the performance of Contracts and Electronic Services provided as part of the Online Store is connected with accounting and tax obligations resulting from the provisions of law.
6. In case of the need to perform the Agreement, the Customer's personal data may be made available to postal operators or carriers only for the purpose of providing the goods to him. Personal data may be disclosed to employees or associates of the Company, as well as to entities providing support on the basis of outsourced services and in accordance with the contracts for entrusting personal data for processing.
7. According to the Personal Data Protection Act from 29th August 1997 (unified act Dz. U. z 2002 r. Nr 101 poz. 926, with later changes) the data are protected from the third party access.
8. Personal data processed for purposes related to the use of the Online Store, in order to perform Electronic Services, will be processed for the duration of the Account's existence. Customer's personal data processed in order to perform the Agreements will be processed during the period of limitation of claims under sale contracts. Personal data regarding completed Agreements will be stored for tax and accounting purposes for a period of 6 years from the date of execution of individual Agreements. Personal data processed in order to send out newsletters (for which separate consent of the customer is necessary) will be processed until the consent is revoked. Personal data processed in order to inform the customer about new products, services and promotions offered by the ECS Museum Store, ie on the basis of the so-called legally legitimate interest (which does not require consent) will be processed pending submission of an objection to such processing.
9. The Data administrator does not take any responsibility for getting incorrect personal data from the Customer.
10. The Customers of the ECS Museum Store Internet Shop have a right to data editing or demanding its removal.
§ 11 Newsletter
1. The Customer has a right to subscribe to the newsletter list of ECS Museum Store Internet Shop.
2. If the Customer voluntary agrees for receiving an electronic correspondence from ECS Museum Store Internet Shop and makes an extra agreement for Personal Data Processing, he will obtain the Newsletter via email, to the given email address.
3. The Customer can resign from obtaining the Newsletter by himself by unmarking the field from the sent Newsletter the or by contacting the Customer Service.
§ 12 Final provisions
1 1. The information about the products placed on ECS Museum Store Internet Shop website do not constitute an offer within the meaning of the civil code.
2. The product information availability on ECS Museum Store Internet Shop does not denote availability of these products in the Storehouse or that the order realization is possible.
3. The Company does not take any responsibility for problems with using ECS Museum Store Internet Shop caused by the technical issues (e.g. maintenance, overhauls, equipment changes, etc.) or any other independent reasons.
4. The Company does not take any responsibility for blocking the email servers by the administrators, sending the information to the email address indicated by the Customer or deleting and blocking emails by the software installed on the Customer’s computer.
5. The differences between the real features of the product and the product visualization on ECS Museum Store Internet Shop that result from the personal settings of the User’s computer (color, proportions etc.) cannot be a base for any complaint.
6. To all matters not settled herein provisions of Polish law, and particularly provisions of the Civil Code and provisions of the Act of Special Conditions of Sale and Civil Code changes (Dz. U. Nr 22 z 2000 r. poz. 1176) and Act of care of some Customer Rights and the responsibility for a damage caused by a dangerous product (Dz. U. Nr 22 z 2000r. poz. 271) shall apply.
7. All the product names placed on ECS Museum Store Internet Shop are used for identification purposes and pursuant to the provisions of the Industrial Property Law (Dz. U. Nr 119 z 2003 r. poz. 1117) can be protected and withheld.
8. The Terms and Conditions are in force since 25 May 2018.
9. The Company reserves the right to change the Terms and Conditions. The change comes into force on the date indicated by the Company but not earlier than 7 days after the date of putting the modified Terms and Conditions on ECS Museum Store Internet Shop website. The orders placed by the Customers before the date of entering into force the new Terms and Conditions are realized according to the previous Terms and Conditions.