Online Store Rules and Regulations – www.crystalpalaceproductions.com
I. General Provisions
These rules and regulations lay down the general terms and conditions, the manner of performance of services by electronic means and the sale conducted through the Online Store www.crystalpalaceproductions.com. The Online Store is run by Olga Żmijewska carrying out economic activity under the name of Language and Company Olga Żmijewska, entered into the Register of Entrepreneurs at the Central Electronic Register and Information on Economic Activity maintained by the Minister of Entrepreneurship and Technology, at the following address: Idzbark 74C, 14-100 Ostróda, NIP Tax Identification No.:7411905060, REGON Register of Business Entities No.:141933596, hereinafter referred to as the Trader.
Contact the Trader can be made through:
These Rules and Regulations are available uninterruptedly on the www.crystalpalaceproductions.com website in a manner enabling its contents to be accessed, processed, reproduced, and saved by printing out or saving on storage media at any time.
The Trader advises that the use of services rendered by electronic means may be related to threats on the part of each user of the Internet, consisting of the possibility of introducing malware into the IT system of the Client and the acquisition and modification of his/her data by unauthorised persons. In order to avoid the possibility of threats occurring, the aforementioned Client should apply appropriate technical measures to minimise their occurrence, particularly antivirus programmes and a firewall.
The terms used in these Rules and Regulations shall have the following meaning:
Working days – days from Monday to Friday, excluding bank holidays;
Client – a natural person who has full capacity to perform acts in law, a natural person engaged in business activity, a legal person or organisational unit which is not a legal person, whose specific provisions confer legal capacity unto it, which places an order in the Online Store or uses other Services available at the Online Store;
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16 item 93, as amended);
Account – a part of the Online Store allocated to a given Client, with the aid of which the Client may perform specific actions within the Online Store;
Consumer – a Client being a consumer in the meaning of Article 22 of the Civil Code;
Entrepreneur – a Client being an entrepreneur in the meaning of Article 43 of the Civil Code;
Rules and Regulations – this document;
Goods – a product presented in the Online Store, a description of which is available by each of the presented products;
Contract of Sale – a contract of sale of Goods in the meaning of the Civil Code, concluded between the Trader and the Client;
Services – services rendered by the Trader to Clients by electronic means in the meaning of the provisions of the Act on provision of services by electronic means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended);
Act on consumer rights – the Act on consumer rights of 30 May 2014 (Journal of Laws of 2014, No. 827).
Act on provision of services by electronic means – the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws No. 144 item 1204, as amended);
Order – a declaration of intent of the Client, intended that directly leads to the conclusion of a Contract of Sale, setting out, in particular, the type and number of the Goods.
III. Rules on the Use of the Online Store
The Online Store may be used provided that the IT system used by the Client meets the following minimum technical requirements:
The computer or mobile device has internet access;
There is access to electronic mail;
There is an Internet Explorer web browser version 11 or higher, Firefox web browser version 28.0 or higher, Chrome web browser version 32 or higher, Opera web browser version 12.17 or higher, Safari web browser version 1.1 or higher;
The use of the Online Store means every action of the Client that leads to them becoming familiarised with the content on the Online Store.
The Client particularly undertakes the following:
Refrain from submitting and transmitting illegal content, e.g., content promoting violence, inflammatory content or content that infringes personal rights and other rights of third parties;
Use the Online Store in a manner that does not disrupt its operations, particularly through the use of specific software or devices;
Refrain from taking such actions as: dissemination of or posting of unsolicited communications (spam);
Use the Online Store in a manner that is not disruptive to other Clients or to the Trader;
Use any and all content posted within the Online Store solely and exclusively for their personal use;
Use the Online Store in a manner that is compliant with the provisions of the laws applicable and binding within the territory of the Republic of Poland, with these Rules and Regulations, and with the general rules of using the internet.
The Trader enables the use of free of charge Services via the Online Store, which are rendered by the Trader 24 hours a day, 7 days a week.
The account operation Service on the Online Store is available following registration. Registration occurs once the registration form available on one of the pages of the Online Store is completed and accepted. The service provision contract consisting of Online Store Account operation is concluded for an indefinite term and is terminated upon the submission by the Client of a request for the Account to be deleted or upon use of the “Delete Account” button.
The Client may post individual and subjective comments in the Online Store relating to the Goods or the transaction process. Upon posting a comment, the Client certifies that he/she holds all the rights to the said content, particularly the proprietary copyrights, neighbouring rights, and industrial property rights. The service provision contract consisting of posting opinions about Goods in the Online Store is concluded for a definite term and is terminated upon adding an opinion.
Statements made should be edited to be clear and comprehensible, furthermore, they must not be in breach of the provisions of the law, including the rights of third parties and, in particular, they must not be inflammatory in nature, infringe personal rights or constitute an act of unfair competition. The posted statements are disseminated on the pages of the Online Store.
Upon the Client posting comments, she/he expresses consent for the free of charge use of his/her statement and for its publication by the Trader, as well as for the works to be arranged in the meaning of the Act on copyrights and related rights (Journal of Laws of 1994, No. 24, item 83).
The Trader is authorised to organise occasional competitions and promotions, the conditions of which will be each time provided on the Online Store website. Online Store promotions cannot be combined unless stated otherwise in the Rules and Regulations of the given promotion.
In the event of a breach of the provisions of these Rules and Regulations by the Client, after an earlier ineffective request of the Trader for the Client to cease or eliminate the breach, having designated a suitable time frame for this, may terminate the Service Contract in keeping a 14 day term of notice of termination.
V. Contract of Sale Conclusion Procedure
Information about Goods provided on the Online Store website, containing particularly their description, technical and product specifications, as well as their prices, are an invitation to enter into a Contract in the meaning of Article 71 of the Civil Code.
All Goods available on the Online Store are factory new, free from any physical and legal defects, and have been legally placed on the market in Poland.
In order to successfully make an order, the Client is required to have an active email account.
In the case of making an Order using the Order Form available on the Online Store website, the Order is placed by the Client with the Trader in electronic form, and constitutes an offer for a Contract of Sale of Goods that are the subject of the Order. An offer placed in electronic form binds the Client if the Trader sends a confirmation of accepting the Order for processing to the email address provided by the Client. The confirmation of accepting the offer constitutes a declaration of the Trader that he has accepted the Client’s offer and, upon its receipt by the Client, a Contract of Sale is concluded.
Placing an Order with the Online Store by sending an email takes place on Working Days, during the hours indicated on the Online Store website. To this end, the Client should:
In the email message addressed to the Trader, provide the name of the Goods from amongst the Goods available on the Online Store and the quantity of the Goods;
Indicate the method of delivery and the form of payments from among the methods of delivery and forms of payment available on the Online Store.
Provide the details necessary to execute the Order, particularly the following: name, surname, place of residence, and e-mail address.
Information about the total value of the Order mentioned in the point above is provided by the Trader each time by email along with information that the conclusion by the Client of a Contract of Sale entails an obligation to pay the Trader for the ordered Goods, upon which time a Contract of Sale is concluded.
In the case of a Client who is a Consumer, each time an Order is placed, the Trader sends the Client a confirmation of the terms and conditions of the placed Order by email.
The Contract is concluded upon the Client, who is a Consumer, sending a reply to the email address of the Trader (in response to the confirmation of the terms and conditions of the Order sent by the Trader) in which the Client: accepts the wording of the sent Order, and expresses consent to its execution, and accepts the wording of the Rules and Regulations, and confirms that he/she has read and understands the information on the withdrawal from the Contract.
The Contract of Sale is concluded in the Polish, English, or German language, the wording of which is compliant with the Rules and Regulations.
The delivery of goods takes place to the address provided by the Client at the time of placing the Order.
The delivery of the ordered Goods is carried out through a courier service or by a postal operator;
The Trader informs the Client on the Online Store website, in the Goods description, about the number of Working Days required to complete and deliver the Order, as well as the fees and charges to deliver the Goods.
The time of delivery and completion of the Order is provided in Working Days, pursuant to Point VII.2.
The Trader, in accordance with the will of the Client, delivers a receipt covering the delivered Goods along with the Goods themselves.
If the different execution times have been provided for the Goods under the Order, the longest period foreseen among them will apply to the whole Order.
VII. Prices and Terms and Conditions of Payment
The prices of Goods are in EURO and contain all components, fees and charges.
The Client may select the following methods of payment:
Bank transfer to the bank account of the Trader (in which case Order execution will commence once the Trader sends the Client a confirmation of acceptance of the Order, while the dispatch will promptly take place once the payment has been received by the Trader and Order has been completed);
Cash in the case of collection in person – payment at the point of collection in person of the Trader (in this case, the Order is promptly executed once the Trader sends the Client a confirmation of acceptance of the Order, and the Goods will be issued at the Trader’s point of collection in person);
Cash on delivery paid to the supplier at the time of delivery (in which case the Order execution and its dispatch commences once the Trader sends the Client a confirmation of acceptance of the Order and the Order has been completed);
Electronic payment (in which case the Order execution commences on the Trader sends the Client confirmation of acceptance of the Order and once the Trader is notified by the system of the settlement agent that the payment has been completed by the Client, and dispatch promptly takes place once the Order has been completed);
Information on the terms of payment for Orders placed is provided to Clients by the Trader on the Online Store Website. In the event of no payment being made by the Client within the period mentioned in the previous sentence, the Trader, after the prior ineffective request for payment setting a suitable additional payment term, may withdraw from the Contract pursuant to Article 491 of the Civil Code.
VIII. Right to Withdraw from the Contract
A Client who is a Consumer may withdraw from the Contract without stating his/her reasons by submitting an appropriate statement within a term of 14 days. In order to meet this deadline, this statement must be sent before the expiry of this term.
The Client may independently phrase or use the Model Statement of Withdrawal from the Contract constituting Schedule No. 1 to these Rules and Regulations.
The 14-day term starts from the day when the Goods were delivered or, in the case of a Service Provision Contract, from the day of its conclusion.
The Trader, upon receipt of the Consumer’s statement of withdrawal from the Contract, will send a confirmation of receipt of the statement of withdrawal from the Contract to the Consumer’s email address.
The right to withdraw from the Contract by the Consumer is excluded in the following cases:
Rendering of services if the Trader fully executed the service with the express consent of the Consumer who was informed prior to commencement of the service, that once the service is completed by the Trader the Consumer will lost the right to withdraw from the Contract;
Contracts where the price or remuneration depends on fluctuations in the financial market which are beyond the control of the Trader and which may arise before the expiry of the term of withdrawal from the Contract;
A Contract the subject of performance of which are nonprefabricated Goods, made to the Consumer’s specifications or serving to satisfy his/her personalised needs;
A Contract the subject of performance of which are Goods which are liable to deteriorate or expire rapidly;
A Contract the subject of performance of which are Goods contained in sealed containers which, after being broached, cannot be returned for reasons of health or hygiene if the packaging has been opened after delivery;
A Contract the subject of performance of which are Products which after delivery, due to their nature, are inseparably joined to other things;
A Contract the subject of performance of which are alcoholic beverages the price of which was agreed upon the conclusion of the Contract of Sale, and whose delivery may only take place after 30 days and whose value depends on fluctuations in the market outside the Trader’s control;
A Contract where the Consumer has expressly requested a visit from the Trader for the purpose of carrying out urgent repairs or maintenance; if the Trader provides services in addition to those specifically requested by the Consumer, or delivers Goods other than the replacement parts necessarily used in performing the maintenance or repairs, the Consumer has the right of withdrawal from the Contract in respect of additional Goods or services;
A Contract the subject of performance of which are audio or video recordings or computer programs delivered in sealed packaging, if the packaging was unsealed after delivery; the supply of journals, periodicals or magazines, with the exception of subscription Contracts;
A Contract concluded by public auction;
A service contract for rendering accommodation services other than for residential purposes, transport of goods, car rental services, gastronomy, services related to leisure, entertainment, sports or cultural events, if the contract provides for a specific date or period of performance of services;
Contracts for the supply of digital contents that are not supplied on a tangible medium, if the performance of the service commenced with the Consumer’s express consent before the end of the term for withdrawal from the Agreement and upon the Trader notifying him/her of the loss of the right to withdraw from the Contract.
In the event of withdrawing from a Contract concluded at a distance, the Contract is considered unconcluded. The services rendered by the Parties are returned in an unchanged form, unless a change was necessary in order to determine the nature, attributes and functionalities of the Goods. The return should be made immediately, however, not later than within a term of 14 days. The purchased Goods must be returned to the Trader’s address.
The Trader must promptly, however, not later than within a term of 14 days from the day of receipt of the statement of the Consumer on the withdrawal from the Contract, reimburse any and all payments completed by the Consumer, including the costs of delivering the Goods. The Trader carries out the reimbursement using the same means of payment as the Consumer, unless the Consumer expressed consent to a different means of payment, where such a means of payment will not involve any additional costs for the Consumer. The Trader may withhold the reimbursement of the payments received from the Client until he receives all the goods back, or the Consumer has supplied evidence of having sent back the goods, whichever is earlier, unless the Trader has offered to collect the goods from the Client.
If the Consumer opted for a mode of delivery other than the least expensive type of standard delivery offered by the Trader, the Trader is not required to reimburse the additional costs incurred by the Consumer.
The Client only bears the direct cost of returning the Goods, unless the Trader has agreed to bear such a cost.
IX. Warranty Claims for Goods Purchased
The Trader undertakes to deliver defect-free goods.
The Trader is responsible towards the Client as the Consumer for faults and defects under warranty on the principles laid down in Article 556 – 576 of the Civil Code. In relation to Clients who are Entrepreneurs, the assertion of warranty claims is excluded.
Complaints/claims resulting from infringements of the Client’s rights guaranteed by the law or under these Rules and Regulations must be addressed to “Language and Company Olga Żmijewska, Idzbark 74C, 14-100 Ostróda, PL”, or sent by email to the following address: firstname.lastname@example.org, or by phone: +48 510 562 376.
For the complaint/claim to be examined, the Client is required to return the faulty or defective Goods, if possible, along with the proof of purchase, by post or personally. The Goods must be returned by post or personally to the address provided in Point 3.
The Trader undertakes to examine each and every complaint/claim within a term of 14 days.
If the complaint/claim is incomplete, the Trader will request the Client to promptly supplement it within the required scope, no later, however, than within a term of 7 days from the date of receipt of the request by the Client.
X. Complaints relating to electronically provided services
The Client may lodge complaints to the Trader in connection with the functioning of the Store and use of Services. Complaints can be lodged in writing to the following address: Language and Company Olga Żmijewska, Idzbark 74C, 14-100 Ostróda, PL, by email: email@example.com, and by phone: +48 510 562 376.
In the complaint, the Client must provide his/her name, surname, correspondence address, type and description of the issue that arose.
The Trader undertakes to examine each and every complaint/claim within a term of 14 days and, should this be impossible, to notify the Client within this time frame as to when the complaint will be examined. If the complaint is incomplete, the Trader will request the Client to promptly supplement it within the required scope, no later, however, than within a term of 7 days from the date of receipt of the request by the Client.
The Goods may have a manufacturer’s, Trader’s, or importer’s warranty.
In the case of Goods covered by a warranty, information concerning the existence and content of a warranty and the validity period of the warranty is each time provided along with the description of the Goods on the Online Store website.
XII. Out-of-court complain and redress procedures
The Client, as the Consumer, has the following possibilities of having recourse to out-of-court complaint and redress mechanisms:
They are entitled to apply to the permanent Court of Consumer Arbitration operating at the Trade Inspectorate requesting the court to resolve the dispute that arose in connection with the concluded Contract of Sale;
Is entitled to have recourse to the Voivodship Trade Inspectorate inspector requests for the conduct of a mediation procedure to achieve an amicable settlement of a dispute between the Client and the Trader;
May receive free aid in resolving the dispute between the Client and the Trader, also benefiting from the free aid of the municipal / county Consumer Ombudsman or social organisation whose statutory activities include the protection of Consumers (e.g., the Consumers’ Association, the Association of Polish Consumers). Advice is offered by the Consumers’ Association via the freephone Consumer helpline 800 007 707 and by the Association of Polish Consumers by email at firstname.lastname@example.org;
Submit his/her complaint online via the ODR platform available at: http://ec.europa.eu/consumers/odr/.
XIII. Protection of Personal Data
XIV. Final Provisions
All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, domain name, Online Store website, as well as any forms and logos belong to the Trader, and any use thereof may solely and exclusively take place in the manner laid down and in compliance with the Rules and Regulations.
The settlement of any possible disputes arising between the Trader and the Client as the Consumer will be subject to the competent courts in accordance with the applicable provisions of the Code of Civil Procedure.
The settlement of any possible disputes arising between the Trader and the Client as an Entrepreneur will be subject to the competent courts with territorial jurisdiction over the Trader’s registered office.
The provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means, the provisions of the Consumer Rights Act and any other applicable provisions of the laws of the Republic of Poland.
The Client will be notifed of any changes to these Rules and Regulations through a post the home page of the Online Store containing the list of changes and their date of entry into force. Clients with an Account will additionally be notified of any changes and be provided with their list to the email address provided by the Client. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. In the event of the Client with a Client’s Account failing to accept the new wording of the Rules and Regulations, the Client is required to notify the Trader of this fact within a term of 14 days from the date of notifying him/her of the changes in the Rules and Regulations. The notification on the non-acceptance of the new wording of the Rules and Regulations results in the termination of the Contract.
Product complaint form
A warning about withdrawal from the sales contract
Form for withdrawal from the contract for the provision of services
The withdrawal form from the reservation agreement
Complaint form for the provision of services