Terms and Conditions of the online store of the Institute of Archaeology and Ethnology of the Polish Academy of Sciences, operated on the website
§1
- Business days – means the days of the week from Monday to Friday, excluding public holidays
- Customer – a natural person with full legal capacity, as well as a legal entity or an organizational unit without legal personality but with legal capacity
- Consumer - a customer purchasing goods for their own, private use for purposes unrelated to their business or professional activities;
- Terms and Conditions - these terms and conditions of the online store published on the Seller’s website at www.ksiegarnia.iaepan.edu.pl
- Store – the online store operated by the Seller at www.ksiegarnia.iaepan.edu.pl
- Seller - Institute of Archaeology and Ethnology of the Polish Academy of Sciences. Al. Solidarności 105, 00-140 Warsaw, entered in the Register of Scientific Institutes under REGON:000325788, NIP: 5250008844, tel.: (+48 22) 620 28 81 wew. 114, e-mail: bookshop@iaepan.edu.pl
- Goods – products sold through the Store
§2 General provisions
- These Terms and Conditions set forth the specific terms and conditions for the sale of Goods through the Store available at www.ksiegarnia.iaepan.edu.pl, as well as the rules for using the Store, delivery methods, payment methods, the customer’s right to cancel the contract, and the complaint procedure.
- Before placing an order, the Customer is required to review the content of these Terms and Conditions. By placing an order in the Store, the Customer simultaneously confirms—by checking the appropriate box visible during the ordering process—that they have read the Terms and Conditions, accepted the provisions contained therein, and consent to the Seller’s processing of their personal data for the purpose of fulfilling the order.
- The Seller shall endeavour to ensure that the Shop is accessible to internet users using all popular web browsers, operating systems, device types and internet connection types.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may involve a risk of unauthorised persons obtaining and modifying customer data; therefore, customers should use appropriate technical measures to minimise the risks indicated above. In particular, they should use anti-virus software and programmes that protect the identity of Internet users. The Seller will never ask the Customer to provide any passwords or codes in any form.
- All information, product images and their names are protected by copyright; it is prohibited to copy or distribute them, use them for commercial purposes or display them on other websites without the Seller’s consent.
- The economic and moral copyrights to the content contained in the online shop www.ksiegarnia.iaepan.edu.pl belong to the Seller and are protected by law.
- The agreement for the provision of services relating to the creation and maintenance of an account in the Shop (hereinafter the “Agreement”) is concluded upon clicking the activation link sent to the email address provided during registration, after the Customer has completed the registration form, accepted the Terms and Conditions, consented to the Seller’s processing of personal data, and confirmed their intention to create an account by clicking the “Create account” icon. Before registering an account, the Customer should carefully read these Terms and Conditions. The Customer may delete their account from the Shop’s website at any time and without giving reasons. Deleting the Customer’s account results in the termination of the contract for the provision of services relating to the creation and maintenance of an account in the Shop. To delete a Customer’s account from the Shop’s website, an email must be sent to bookshop@iaepan.edu.pl requesting the deletion of the account. The account will be deleted within 7 days of the date on which the statement containing the request for account deletion is sent.
- The Customer undertakes to:
- not to provide content that is unlawful, infringes the rights or personal interests of third parties, or is contrary to public decency or the principles of social coexistence,
- to comply with the law when using the Shop, including regulations concerning copyright,
- to use the Shop in accordance with its intended purpose and to refrain from any actions that could affect the proper functioning of the Shop,
- to exercise due care when choosing a password and username, and to keep the password and username for your Shop account confidential.
9. The Seller shall not be liable for any consequences arising from the Customer disclosing their login details to third parties.
§3 Acceptance and fulfilment of orders
- The information contained on the Shop’s website does not constitute an offer by the Seller within the meaning of the Civil Code, but merely an invitation to Customers to place orders for the purchase of Goods.
- Orders for Goods may be placed 24 hours a day, 7 days a week, all year round, except during technical and maintenance breaks.
- The Shop accepts orders via the form available on the website www.ksiegarnia.iaepan.edu.pl in such a way that, after selecting the relevant product, the Customer adds it to the ‘basket’ and, upon clicking the ‘proceed to checkout’ button, is automatically redirected to the order form.
- The basic condition for order fulfilment is that the Customer completes the order form correctly. In the event of any ambiguity regarding the data provided, the shop reserves the right to suspend order fulfilment. The Customer will be informed of the situation immediately.
- After placing the order, the Seller sends an order confirmation to the email address provided by the Customer. The order confirmation constitutes a declaration by the Seller www.ksiegarnia.iaepan.edu.pl that the order has been accepted for fulfilment, and a contract for the sale of goods is concluded upon the Customer’s receipt of the confirmation. The confirmation includes a list of the goods ordered by the Customer, their unit prices, the total price, the delivery cost, as well as the method and time of delivery.
- The contract concluded between the Customer and the Seller regarding the purchase of the Goods is a fixed-term contract and remains in force for the duration of the order fulfilment. The place of performance of the obligation relating to the purchase of the Goods is the delivery address specified by the Customer.
- Failure to provide the confirmation referred to above is tantamount to the rejection of the order placed.
- The order will be cancelled after 7 working days, counted from the date the Shop receives the order, in the event of non-payment and if the Customer fails to provide their contact details.
§4 Prices and payments
- All prices are quoted in Polish zlotys and include VAT. Delivery costs, which depend on the chosen delivery method and payment method, are added to the value of the ordered Goods.
- The price quoted for each Good is binding at the time the Customer places the order.
- The Seller reserves the right to change the prices of Goods in its range, introduce new Goods to the Shop’s range, and run promotional campaigns on the Shop’s website. This right does not affect the prices of Goods in orders placed before the date on which the price change, promotional terms or sale comes into effect.
- The Buyer is obliged to pay for the ordered goods within 5 days of receiving confirmation of their order. The date of payment is deemed to be the date on which the Seller receives confirmation of payment via the payment methods offered by the Autopay operator, or the date on which payment for an order made by traditional bank transfer is credited to the Seller’s account. Payment for the goods and delivery costs may only be made using the payment methods provided by the electronic payment operator Autopay.
- The buyer has the right to lodge a complaint regarding a payment made via Autopay. A complaint may be submitted electronically by sending it to the email address: bookshop@iaepan.edu.pl. In such a case, the seller shall immediately send an electronic confirmation of receipt. A template for a payment complaint form is provided below these Terms and Conditions as Appendix 2.
- The settlement currency is PLN.
- The entity providing online payment services for card payments is Autopay S.A.
- Available payment methods: Payment cards: Visa and Mastercard via Autopay electronic payments, traditional bank transfer to the Seller’s account, cash or credit card payment in the case of collection in person.
§5 Delivery and collection
- The goods will be prepared for dispatch within 2 working days of the date on which the order confirmation is sent.
- If the customer chooses to pay by bank transfer or payment card, the order processing time is calculated from the date on which the funds are credited to the Seller’s bank account or settlement account.
- The order processing time may also be extended for reasons beyond the Seller’s control. In such a situation, the Seller is obliged to inform the Customer, within the time limit specified in paragraph 1, by email, of the reason for the extension of the order processing time and to specify a new delivery date.
- When placing an order, the Customer selects the method of delivery of the Goods from among the options specified by the Seller in the order form.
- The Seller dispatches the Goods within 3 working days of receiving confirmation of payment for payments processed by the electronic payment operator Autopay.
- The Seller shall notify the Customer by email that the Goods have been dispatched using the method selected by the Customer.
- The delivery cost depends on the delivery method and the weight of the Goods. This cost is provided to the Customer when they place their order.
- Delivery of the Goods takes place within the timeframe and in accordance with the terms set out in the terms and conditions of the entity carrying out the delivery.
§6 Withdrawal from the contract and refund policy
- The consumer has the right to withdraw from the contract without giving any reason within 14 days of receiving the goods.
- Withdrawal from the contract is understood to mean the return of the purchased Goods together with a written statement of withdrawal from the contract bearing the consumer’s handwritten signature, within the period referred to in paragraph 1. The consumer returning the goods should enclose the receipt, a photocopy of the invoice or other proof of purchase of the goods from the shop. A template for the statement of withdrawal from the contract is provided below these terms and conditions as Appendix 1. The goods should be returned to the following address:
Instytut Archeologii i Etnologii Polskiej Akademii Nauk
Dział Dystrybucji Wydawnictw
AL. Solidarności 105
00-140 Warszawa
Please write ‘ZWROT’ on the parcel
3. The Consumer may submit a notice of withdrawal from the contract electronically by sending it to the email address: bookshop@iaepan.edu.pl. In such a case, the Seller shall immediately send the Consumer an electronic confirmation of receipt of the notice of withdrawal from the contract.
4. The Consumer is obliged to return the goods to the Seller without delay, but no later than within 14 days of the date on which they received the Goods.
5. The Seller shall cover the cost of returning the Goods to the Consumer.
6. The Seller may withhold the refund of payments received from the Consumer until the returned Goods have been received.
7. The Seller shall refund the payment using the same payment methods as those used by the Buyer in the original transaction, unless the Buyer agrees to an alternative arrangement; in any event, the Buyer shall not incur any charges in connection with this refund
8. The Consumer shall be liable for any reduction in the value of the Goods resulting from their use in a manner exceeding that necessary to ascertain the nature, characteristics and functionality of the Goods.
9. In the case referred to in paragraph 10, the Seller shall contact the Consumer by email. The Seller is obliged to inform the Consumer of the reduction in the value of the Goods. The Seller shall refund the Consumer the price of the Goods, less the reduced value of the Goods. If the Consumer does not agree to the refund of the reduced price, the Seller shall, at its own expense, return the Goods to the address indicated in the withdrawal form.
10. In the event of a return of the Goods referred to in paragraph 1, the Seller shall notify the Consumer electronically that the withdrawal from the contract has not been accepted and that the Goods may be collected in person. If the Consumer is unable to collect the Goods in person, the Seller shall, at its own expense, return the Goods to the address specified in the notice of withdrawal via Poczta Polska.
11. The right to withdraw from the contract under the terms set out in this paragraph is excluded in the case of Buyers who are not Consumers.
§7 Claims under the warranty
- The Seller is obliged to supply the Buyer with Goods free from physical and legal defects. Nothing in this Section 7 shall limit the rights of Customers purchasing products as Consumers.
- A warranty claim should include the details of the Customer making the claim (first name and surname or full name of the entity, contact details), as well as an indication of the reason for the claim and the content of the request. In order for the Seller to consider a complaint under the warranty, the Customer should deliver the Goods subject to the complaint in person or send them to the Shop’s address together with a description of the complaint and the invoice or receipt received.
- As part of the complaint, the Customer may request replacement of the Goods with new ones or demand withdrawal from the sales contract.
- In the case of a Customer who is a consumer, where the sales contract is withdrawn from, the Shop shall bear the cost of collecting the Goods from the Customer.
- If the Shop accepts the complaint, the costs of the Customer returning the defective Goods shall be borne by the Shop. If the complaint is accepted, the Customer is obliged to contact the Shop by sending an email to bookshop@iaepan.edu.pl to discuss the details regarding the reimbursement of delivery costs. The Shop does not accept any cash-on-delivery parcels.
- Complaints may also be submitted by post or in person at the Shop’s premises.
- Complaints will be dealt with within 14 days of receipt. The Shop will inform the Customer of the outcome of the complaint using the same method by which the complaint was submitted, i.e. by email – to the email address from which the complaint was sent – or by post.
§8 Out-of-court complaint handling and dispute resolution procedures, and the rules governing access to these procedures
1. Detailed information regarding the options available to a Customer who is a Consumer for the out-of-court resolution of complaints and the pursuit of claims, as well as the rules governing access to these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory remit includes consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:
a) http://www.uokik.gov.pl/spory_konsumenckie.php
b) http://www.uokik.gov.pl/sprawy_indywidualne.php,
c) http://www.uokik.gov.pl/wazne_adresy.php.
2. A Customer who is a Consumer has, amongst other things, the following options for using out-of-court complaint handling and redress procedures:
a) The Customer is entitled to apply to the permanent consumer arbitration court operating under the Trade Inspection Authority with a request to resolve a dispute arising from the concluded Sales Agreement.
b) The Customer is entitled to apply to the provincial inspector of the Trade Inspection Authority to initiate mediation proceedings for the amicable resolution of a dispute between the Customer and the Seller.
c) The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, including by seeking free assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
§9 Protection of personal data – clause
- The Seller is the controller of the Customer’s personal data, subject to paragraphs 4, 6 and 7.
- To ensure the lawful and proper processing of personal data, the Seller has appointed a Data Protection Officer, whom the Customer may contact regarding matters relating to the protection of personal data at the following email address: iod@iaepan.edu.pl
- The Customer’s personal data will be processed for the purpose of
- creating a Customer account, pursuant to Article 6(1)(b) of the GDPR.
- fulfilling the order, including issuing an invoice and maintaining financial records, pursuant to Article 6(1)(b) of the GDPR and Article 6(1)(c) of the GDPR.
- for other purposes communicated to the Customer when they provide their personal data, i.e. including the pursuit of claims or the handling of complaints, pursuant to Article 6(1)(f) of the GDPR.
4.The Customer’s personal data, protected in accordance with the provisions referred to in paragraph 3, shall not be transferred, resold or lent to other persons or institutions. Necessary personal data may only be disclosed to entities authorised under the law and to entities through which the Seller fulfils the order, as referred to in paragraphs 5–6 below.
5. The customer’s personal data will be processed for:
- the duration of the customer account service; and, in the event of termination of the contract, it will be deleted.
- the duration of the order; and will then be retained for the mandatory archiving of financial and accounting records for the period specified in separate regulations.
6. The Seller discloses the personal data of the Buyer making a payment via Autopay for the purpose of processing that payment and to enable Autopay to fulfil its obligations arising from the processing of payments and other legal provisions. Upon disclosure of personal data within the scope indicated above, in particular data relating to the transaction or payment card, Autopay becomes the controller of the aforementioned personal data.
7.The Seller transfers the Customer’s personal data to entities providing the delivery service for the ordered product, to the extent necessary to perform this service. The entity providing this service becomes the controller of the personal data transferred.
8.The Customer has the right to access their personal data, to rectify, erase, restrict processing, the right to object, to withdraw consent, and the right to data portability, in the cases specified in the provisions of the GDPR.
9.Detailed information regarding the processing of personal data is set out in the information notice provided to the customer at the time of providing personal data and in the privacy policy available on the Shop’s website.
§10 Final provisions
- The sales contract is concluded between the Customer and the Seller in accordance with Polish law. The contract is drawn up in Polish.
- In matters not covered by these terms and conditions, the provisions of the Civil Code, the Consumer Rights Act, the Act on the Provision of Electronic Services, and other relevant legal provisions shall apply.
- The current version of the Terms and Conditions is always available to the Customer at https://ksiegarnia.iaepan.edu.pl/pl/i/Regulamin/3.
- The Shop reserves the right to amend these Terms and Conditions for important technical, legal or organisational reasons. Any amendment to these Terms and Conditions shall take effect on the date specified by the Seller, provided that such date is not less than 7 days from the date on which the amended Terms and Conditions are made available on the Shop’s website. Customers registered with the Shop and holding an account there will be informed of the amendment to the Terms and Conditions via email. Orders placed before the date on which the amendments to the Terms and Conditions come into force are processed in accordance with the provisions of the Terms and Conditions in force on the date the order was placed.
- For statistical purposes and to ensure the highest possible quality of service, the Shop uses information stored by the server on the Customer’s device, which is then retrieved each time the web browser connects (so-called cookies). The Customer may at any time specify the conditions for the storage of, or the Store’s access to, cookies via their web browser settings, including changing the browser settings so that it does not accept such files or notifies the Customer of their transmission. However, please note that not accepting cookies may cause difficulties in using the Store. The Customer’s use of a browser whose settings allow cookies to be stored on the Customer’s device constitutes consent to the storage of such files on that device. Further information on this matter can be found in the privacy policy of the Institute of Archaeology and Ethnology of the Polish Academy of Sciences at this link.6
- In matters not covered by these Terms and Conditions, the provisions of the Act of 23 April 1964 – Civil Code, the Act of 30 May 2014 on consumer rights, and the Act of 18 July 2002 on the provision of electronic services shall apply.
- The court having jurisdiction to hear any disputes arising from the sales contract shall be the court having jurisdiction in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
Appendix 1
Model withdrawal form for a distance contract
(Please complete and return this form only if you wish to withdraw from the contract)
…………………………………………………………………………………………………………
Name and surname of the customer / consumer
………………………………........................................................................ ...
Customer’s address
…………………………………………………………………………….
Email address
Institute of Archaeology and Ethnology, Polish Academy of Sciences, Al. Solidarności 105, 00-140 Warsaw
I hereby declare that I am withdrawing from the contract for the sale of the following goods
……………………………………………………………………………………………………………………………………………………………………………
.concluded on ………………………………………………………….…… (date of conclusion of the contract)/receipt.
I hereby confirm that I received the above-mentioned goods on ………………….(date of receipt)
Date and signature of the customer / consumer
…………………………………………………………………………………………………………………..
Appendix 2
COMPLAINT FORM
Date: …………………..
Order number: …………………………
Customer details:
First name and surname/company name: ………………………………………………………………………………
Address: ………………………………………………………………………………………………….
Telephone number/email address: ………………………………………………………………………………
Name of the goods subject to the complaint: ……………………………………………………………………..
Reason for the complaint and brief description of the fault: ………………………………………………………………..………………………………………………………………………………………….……………………………………………………………… …………………………………………………………………………………………..
…………………………………………………………………………………………………………………………………………………………..
Customer’s request (please tick the appropriate box):
I am withdrawing from the contract (in the case of a significant defect) and request a refund of the price of the Goods to account number: …………………………………………….………………………..………........... .......
I request a replacement of the goods with goods free from defects*.
Please send the goods to the address ……………………………………………………………..
*If the stock is exhausted, the Seller will provide a refund