Online Store Terms and Conditions
§ 1. Preliminary provisions
- Online Store available at prasa-polska.com is run by ADALMAR Presse Vertrieb & Logistik Wojciech Ruciński with its registered office in Berlin, Elfriede-Kuhr-Str. 32, USt-IDNr. DE191955869.
- These Terms and Conditions are directed towards the Consumers and Entrepreneurs and they define the general rules on how to use the Online Store. In addition, these Terms and Conditions set out the principles and procedure of concluding distance Sales Agreements with the Customer through the Online Store.
§ 2. Definitions
- Consumer – a natural person entering into an agreement with the Seller at the Online Store, the subject matter of which is not directly related to his/her business or professional activity.
- Seller – a natural person operating under the business name ADALMAR Presse Vertrieb & Logistik Wojciech Ruciński with its registered office in Berlin, Elfriede-Kuhr-Str. 32, USt-IDNr. DE191955869.
- Customer – each entity doing online shopping through the Online Store.
- Entrepreneur – a natural person, a legal person and an organisational unit, using the Online Store, without legal personality but with legal capacity under a separate Act, conducting business activity.
- Online Store – an online shop run by the Seller at www.prasa-polska.com
- Distance Agreement – an agreement concluded with the Customer within an organised distance contracting system (at the Online Store), without the simultaneous physical presence of the parties to the agreement, with the exclusive use of one or more means of distance communication until the conclusion of the agreement.
- Terms and Conditions – these Terms and Conditions of the Online Store;
- Order – Customer’s declaration of will submitted through the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
- Order Form – an interactive form available at the Online Store that allows the user to place an Order, in particular by adding Products to the shopping cart and determining terms of the Sales Agreement, including delivery and payment methods.
- Shopping Cart – an element of the Online Shop’s software in which the Products selected by the Customer for purchase are added. It is also possible to determine and modify the data of the Order, in particular the quantity of the products to be ordered.
- Product – an item/service available at the Online Store which is the subject matter of a Sales Agreement concluded between the Customer and the Seller.
- Sales Agreement – a product sales agreement concluded between the Customer and the Seller through the Online Store. In addition, the Sales Agreement shall be understood as – in accordance with the characteristics of the Product – a service agreement and a contract for specific work.
§ 3. Store contact details
- Seller’s address: Elfiede-Kuhr-Str. 32, 12355 Berlin, Germany
- E-mail address of the Seller: email@example.com
- Seller’s phone number: +49 30 77391863.
- The Customer may communicate with the Seller using the addresses and phone numbers provided in this clause.
- The Customer may call the Seller on business days between 7.00 a.m. and 3.00 p.m., on Fridays between 7.00 a.m. and 2.00 p.m.
§ 4. Technical requirements
In order to browse the Online Store and its products, and to place orders, it is necessary to:
- be equipped with a device with access to the Internet and to have a web browser such as Edge, Google Chrome, Mozilla Firefox, Opera, Safari
- have an electronic mail (e-mail) account
- have cookies enabled.
§ 5. General information
- To the fullest extent permitted by applicable law, the Seller shall bear no liability for any disruptions, including interruptions in the functioning of the Store caused by the event of force majeure, unauthorised actions of third parties or the incompatibility of the Online Store with the Customer’s technical infrastructure.
- The Customer is not required to create an account to browse the products. It is possible to place orders for Products included in the Store’s offer by providing necessary personal and address data without creating an account.
All prices in the Online Store are given in Euro with VAT included (gross price).
- The final amount to be paid by the Customer consists of the Product price and the cost of delivery (including transport, delivery and postal charges). The Customer is informed about the aforementioned charges while placing the Order at the Online Store, and also while expressing his or her will to enter into the Sales Agreement.
- In the case of a Subscriber Agreement or Services Agreement concluded for an indefinite period of time, the final price shall be the total price including all payments for the settlement period.
- If the nature of the subject matter of the Agreement does not make it reasonably possible to calculate the final price in advance, information on how the price will be calculated, as well as transport, delivery, postal and other charges shall be provided in the Product description.
§ 7. General rules for placing orders
In order to place an Order, you have to:
- select your Product and then click “Add to shopping cart”’;
- fill in the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, enter the invoice details if they are different from the details of the recipient of the Order,
- click “Order”.
- for the purpose of making changes to your Order (after it has been placed), changing invoice or delivery data, please contact our office directly by phone, e-mail or through the contact form on the Store’s website.
§ 8. Delivery and payment methods
- The ordered Product is delivered by post.
- The Customer may use the following payment methods:
- Bank transfer to the Seller’s account
- Direct debit
- Detailed information on the delivery and payment methods can be found in the Online Store’s General Terms and Conditions.
§ 9. Performance of the Sales Agreement
- The conclusion of the Sales Agreement between the Customer and the Seller takes place upon prior submission of the Order by the Customer using the Order Form at the Online Store in accordance with clause 7 of the Terms and Conditions.
- After placing an Order, the Seller shall immediately confirm its receipt and accept the Order to be processed. Confirmation of receipt of the Order and its acceptance by the Seller takes place by sending an e-mail to the Customer’s e-mail address indicated in the course of placing the Order, which contains at least the Seller’s statements on receipt of the Order and its acceptance, as well as confirmation that the Sales Agreement has been concluded. Upon receipt of the above-mentioned e-mail by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
- The Customer is obliged to make payment before the due date indicated on the invoice and in accordance with the selected payment method.
- Invoices are sent with the goods, or in a separate parcel or by electronic means.
- The Products are delivered within the territory of the Federal Republic of Germany.
§ 10. Right of withdrawal
- The Consumer may withdraw from the Sales Agreement at the end of any quarter without providing any reason or at any time due to unusual circumstances.
- The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. In order to observe the time limit related to the withdrawal from the Agreement, the Consumer is required to send a statement before expiration of the indicated term.
- This statement can be sent by regular mail, by phone, or by electronic means by sending the document to the Seller’s e-mail address or by the contact form at the Online Store’s website – the Seller’s contact details are specified in clause 3.
- In the event that the statement is sent by the Consumer by e-mail, the Seller shall immediately send to the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
§ 11. Complaints and warranty
- The new Products are covered by the Sales Agreement.
- In case of a defect of the goods purchased from the Seller or if the parcel is lost, the Customer has the right to lodge a complaint under the warranty provisions of the Civil Code.
- Complaints must be made in writing, by e-mail or by phone to the Seller’s addresses indicated in these Terms and Conditions.
- In response to the complaint, the Seller shall resend the missing or damaged Product as far as available resources allow.
§ 12. Processing of personal data at the Online Store
- The Data Controller of the Customers’ personal data collected via the Online Store is the Seller.
- The Customers’ personal data collected by the Data Controller via the Online Store is gathered for the purpose of performing a Sales Agreement, and if the Customer gives his or her consent – also for marketing purposes.
- In the case of a Customer who uses the postal delivery method at the Online Store, the Data Controller shall make the collected Customer’s personal data available to a selected carrier or a transport agent providing transportation services as requested by the Data Controller.
- The Customer shall have access to the content of his or her personal data and its rectification.
- The provision of personal data is voluntary, however, failure to provide the personal data specified in these Terms and Conditions necessary to conclude a Sales Agreement makes it impossible to conclude such an agreement.
§ 14. Final provisions
- The agreements concluded through the Online Store are drawn up in Polish.
- The Seller reserves the right to make changes to these Terms and Conditions due to substantial and compelling reasons, i.e., changes to the law provisions, changes to payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer about any change at least 7 days in advance.
- To all matters not settled herein, the generally applicable provisions of German law shall apply, in particular: Civil Code; Act on Rendering Electronic Services; Consumer Rights Act, Personal Data Protection Act.