TERMS AND CONDITIONS
OF THE ONLINE AND STATIONARY BOOKSHOPS
OF THE AUSCHWITZ-BIRKENAU STATE MUSEUM
- These Terms and Conditions outline the regulations that govern the sale of Goods at the Auschwitz-Birkenau State Museum Online Bookshop available at www.ksiegarnia.auschwitz.org (books.auschwitz.org) and the two stationary bookshops on the premises of the Auschwitz-Birkenau Memorial Site (at ul. Więźniów Oświęcimia 55 in Oświęcim and ul. Ofiar Faszyzmu in Brzezinka).
- By proceeding to the Online Bookshop and making a purchase in the stationary Bookshop, the Customer states that they have read and agree to the provisions of these Regulations without any objection.
TABLE OF CONTENTS
- 1 Definitions
- 2 Placing and processing orders in the Online Bookshop
- 3 Modification of orders placed in the online bookshop
- 4 Payment methods
- 5 Prices of goods
- 6 Order processing time and delivery methods
- 7 The technical requirements for accessing the online bookshop
- 8 Right of withdrawal from the contract
- 9 Complaints
- 10 Security policy. Personal data protection
- 11 Extrajudicial complaint and claim asserting procedures
- 12 Final Provisions
§1
Definitions
- Price - the price of the Goods stated in Polish zloty, inclusive of VAT, alongside information regarding the Goods, excluding delivery costs of the Goods.
- Lowest Price - the lowest Price of the Goods applicable within the 30-day period before the price reduction or applicable within the period from the start of the sale until the price reduction (if the Goods are offered for sale for a period less than 30 days). The lowest price shall be quoted whenever a reduction in the Price of the Goods is communicated, along with information on the Price reduction of the Goods.
- Order processing time - the time the Seller takes to accept the Order, pack and ship the Goods.
- Delivery company - Poczta Polska S.A., InPost or FedEx company performing the delivery of the ordered Goods.
- Order Form - a form found on the Online Bookshop website used to place an Order.
- Customer - a natural person at least 13 years of age, including a legal entity or unincorporated organisational unit without a legal personality that places an Order.
- Consumer - a customer who is a natural person, making a purchase for a purpose not directly related to their professional or business activity.
- Delivery cost of the Goods – the price specified by the Delivery Company for delivery of the Goods to the Customer.
- Shopping cart - a feature of the Online Bookshop that displays items the Customer has chosen for purchase, including quantities and prices.
- Online bookshop - website available at www.ksiegarnia.auschwitz.org (books.auschwitz.org), through which the Customer may purchase Goods.
- Stationary bookshop - bookshops located on the premises of the Auschwitz-Birkenau Memorial Site, conducting sales of Goods except Digital Content.
- Statement - a statement of withdrawal from a Contract concluded at a distance.
- Entrepreneur with Consumer rights - a natural person who enters into a Contract directly related to their business activity, where it follows from the content of the Contract that it is not of a professional nature, resulting in particular from the subject of their business activity, as outlined under the provisions of the Central Register and Information on Business Activity.
- Regulations – the Online Bookstore Regulations.
- Seller – Auschwitz-Birkenau State Museum, with registered seat in Oświęcim, postcode: 32-600, ul. Więźniów Oświęcimia 20, entered in RIK 22/92, Tax ID: 549-000-55-49, REGON (National Business Registry Number): 000276015.
- Goods - book publications, DVDs, Digital content in the form of e-books and other items intended for sale as part of the online Bookshop and the stationary Bookshop.
- Digital content - an electronic or digital file containing an e-book designed to be read by an electronic device.
- Contract – sales contract within the meaning of art. 535 et seq. Civil Code of 23 April 1964 (uniform text: Journal of Laws of 2020, item 1740, as amended) entered into by means of remote communication.
- Electronic device - a device intended, among other things, for downloading and storing Digital Content (e.g., personal computer, smartphone, iPod, iPad, tablet).
- Order Value - the Price of the Goods plus the Delivery Cost, if applicable.
- Order - a feature of the Online Bookshop, consisting of submitting, by means of the Order Form, an offer to conclude a contract in accordance with the content of the Terms and Conditions, specifying the type and quantity of Goods.
§2
Placing and processing orders in the Online Bookshop
- Information regarding Goods on the Online Bookshop website does not constitute an offer within the meaning of the Civil Code but an invitation to conclude a contract. When a Customer places an order using the methods mentioned in section 2 (a-b), it is considered an offer to purchase the Goods specified in the description, subject to the terms and conditions outlined in the description and the Terms and Conditions available on the website www.ksiegarnia.auschwitz.org.
- A customer wishing to purchase Goods other than Digital Content may place an order in two ways:
- a) Via the Online Bookshop 24 hours a day, all days of the week:
- After registering - in the case of a new Customer or logging in - if the Customer already has an account in the Bookshop,
- Without registration (quick purchase)
- b) via e-mail: by sending an e-mail to ksiegarnia@auschwitz.org 24 hours a day, all days of the week, providing the following information: name and quantity of the Goods to be ordered, name and surname (or company name), VAT number (in the case of a company), postal address, e-mail address and phone number, as well as: method of delivery, delivery address and method of payment.
3 When placing an order in the Online Bookshop, the Customer proceeds through the indicated stages: 1) selects the Goods to be ordered and their quantity by clicking on the "Add to shopping cart" icon;
2) choose the method of delivery;
3) select the method of payment;
4) indicate the delivery address of the order and provide details for invoicing (these details may be different from those of the Customer);
5) state that they have read the Terms and Conditions and accept them by ticking the appropriate field in the shopping cart - I ACCEPT THE TERMS AND CONDITIONS OF THE ONLINE BOOKSHOP;
6) confirm the order by clicking the "Order and pay" icon.
- The purchase of Digital Content is only possible via the Online Bookshop website under the following conditions:
1) By purchasing the Digital Content, the Customer secures access to the e-book, enabling them to read it via the Internet or download it onto an appropriate Electronic Device. Furthermore, the Customer obtains a licence, granting them the right to use the Digital Content in accordance with the terms outlined in pt. 2.
2) The licence referred to in pt. 1 is a non-exclusive licence, granted for an indefinite period and without territorial limitation, for personal use only, and covers the following fields of exploitation:
(a) recording,
(b) storage by entry into the memory of Electronic Devices,
- c) reproduction - solely for the Customer's personal use, which may include the use of Digital Content among a group of individuals in a personal relationship with the Customer,
- d) The Customer is not entitled to redistribute the digital content, reproduce, transfer ownership, make it available to others, resell, modify the electronic structure or otherwise alter the Digital Content, remove any security features, or publish the Digital Content or use it otherwise than expressly stipulated in these Terms and Conditions.
3) When placing an order for Digital Content, the Customer proceeds through the indicated stages:
- a) select the Digital Content ordered,
(b) fill in the necessary details required for the correct settlement of the transaction, such as TIN (Tax Identification Number),
- c) confirm the default method of payment (on-line payment) and delivery (sent to the e-mail address provided by the Customer),
(b) fill in the necessary details required for the correct settlement of the transaction, such as TIN (Tax Identification Number),
- e) State that they have read and accept the Terms and Conditions of Use by ticking the appropriate field in the shopping cart I ACCEPT THE TERMS AND CONDITIONS OF THE ONLINE BOOKSHOP, and thus agree to the delivery of the Digital Content before the expiry of the withdrawal period and acknowledges that they have been informed of the forfeiture of the right of withdrawal resulting therefrom,
6) confirm the order by clicking the "Order and pay" icon.
4) Placing an order for Digital Content constitutes consent to receive an electronic VAT invoice,
If the Customer has given the consent mentioned in point 3(f), once the online payment is credited to the Online Bookshop's account, the Bookshop shall immediately make the Digital Content available within 8 hours by sending it to the e-mail address provided by the Customer. In the absence of such consent, the Digital Content will be made available to the email address provided by the Customer after the expiry of the withdrawal period;
6) The Customer may download the Digital Content from the specified e-mail address to the Electronic Devices an unlimited number of times, solely for their personal use and for the use of the persons mentioned in sec. 4, (2)(c).
7) Digital content available in the Online Bookshop is watermark protected.
8) Issues relating to the delivery of Digital Content are regulated in detail in the provisions of Chapter 5B of the Consumer Rights Act.
- After placing an order as specified in § 2 sec. 2-4, the Online Bookshop sends the Customer an order confirmation.
- Acknowledgement of the order and the commencement of its processing shall take place per the following rules:
1) orders via the Online Bookshop website: Registered and unregistered customers receive an e-mail confirming that the Bookshop has accepted their order,
2) Orders placed by e-mail: The Customer making the purchase will receive an e-mail confirming acceptance of the order.
- A sales document is issued for each completed order, whereas:
1) for the purchase of Digital Content, the invoice will be sent to the Customer in electronic form,
2) for the purchase of Goods other than Digital Content, the invoice will be sent to the Customer along with the ordered Goods. In justified cases, the customer may be sent an invoice to the e-mail address provided.
8 A Customer purchasing more than one Good, wishing to receive separate invoices for particular Goods or with different Buyer's details, should place separate orders for the Goods to be invoiced separately.
- The Online Bookshop is not liable for any delay in the delivery of the Goods resulting from incorrect details provided by the Customer or an incorrect delivery address.
- If the Seller cannot perform the Contract due to an insufficient quantity of Goods in stock at its warehouse, the Seller shall contact the Customer within 3 days of concluding the Contract at the Customer's specified e-mail address and propose an available quantity of Goods, previously notifying the Customer of the right to withdraw from the Contract.
- The customer may request the deletion of their Account at any time without stating any reason. To delete a Customer's account from the Online Bookshop, please e-mail: ksiegarnia@auschwitz.org. In the message, please provide the email address associated with the account.
- The Online Bookshop is entitled to block the Customer's account if the Customer, while using the Bookshop, violates generally applicable laws, third-party rights (in particular intellectual property or personal rights of third parties), rules of social coexistence or the provisions of these Terms and Conditions.
- The Customer will be notified of the intention to block the Customer's account - this notification shall be sent to the e-mail address currently registered in the Online Bookshop. By blocking the account, the contract with the Customer for the provision of electronic services is terminated immediately. If the Customer's account is blocked, unprocessed orders placed by the Customer are cancelled without any right to make a claim.
- The Seller retains the prerogative to decline to sell the Goods if the Customer breaches the terms of the Terms and Conditions or the provisions of the applicable law without any right to make a claim.
- Registration in the Online Bookshop and use of the Bookshop functionalities are free of charge.
- In case of a change of personal data or e-mail address, the Customer should immediately update the personal data provided during registration in the Online Bookshop. Failure to update this data may impede the Seller's ability to provide services and sell Digital Content appropriately.
§3
Modification of orders placed in the online bookshop
- The customer has the right to make changes to the order accepted by the Online Bookshop for processing until the order is prepared for dispatch or until the Digital Content is downloaded from the e-mail address provided. Once the order has been prepared for shipping, the consumer and the Entrepreneur with Consumer rights shall be entitled to withdraw from the contract under the terms of § 8 of the Terms and Conditions.
- Modifications to the order can be made by contacting the Online Bookshop via e-mail at ksiegarnia@auschwitz.org. The Customer making the purchase will receive an e-mail confirming the modification of the order.
- Changes made by the customer to an order may apply to the following: quantity of ordered goods, shipping address, invoice details, cancellation of part or all of the order.
- If the Customer cancels part or all of a pre-paid order, the Online Bookstore will expedite the refund for the amount corresponding to the price paid for the Goods tied to the cancellation within a maximum of 14 days from the date of receiving the cancellation notice. The amount paid by the Customer, as referred to in the previous sentence, will be refunded to the bank account used for the payment transaction.
§4
Methods of payment
- The Customer may effect payment for the purchased Goods other than Digital Content ordered from the Online Bookshop through the following methods:
- a) online payment - via electronic transfer, bank transfer, BLIK (applies to customers from Poland). In this case, the processing of the order placed by the Customer will commence only upon the Bookshop's receipt of confirmation regarding the correct execution of the payment.
- b) payment via PayPal,
- c) payment on delivery (only within Poland).
- The online payment service provider for fast transfer payments is Autopay S.A.
- For Digital Content purchased through the Bookshop website, the Customer can pay online via electronic transfer or bank transfer via PayPal or BLIK (applies to customers from Poland). The digital content shall be made available to the Customer once payment is registered in the Bookshop's bank account and on condition that the Customer has given the consent referred to in § 2 (4) (3) (f).
- The bank account number to which payment should be made can be found on the Online Bookshop website.
- Orders placed using the chosen online payment option must be paid for by the Customer within 10 days from the order placement date. Once this time has elapsed, any unpaid order will be cancelled automatically.
- At the Stationary Bookshop, payment for purchased goods must be made on the spot in cash or by credit card.
- If the payment referred to in § 4. sec. 2 (a) and (b) is not made within 7 days of acceptance of the Order, the Order shall be cancelled.
- The Seller reserves the right to temporarily withhold the processing of Orders in the event of extraordinary occurrences (e.g., pandemic, war, cyber-attack).
- Whenever the circumstance referred to in sec. 7 occurs, the Seller shall post information on www.ksiegarnia.auschwitz.org (books.auschwitz.org) regarding the suspension period of Order processing.
§5
Prices of goods
- The prices of the Goods in the Online Bookshop and Stationary Bookshop are displayed next to the respective Goods. The binding and final price is the price of the Goods given on the website of the Online Bookshop at the time of the Customer's order and that found on any Goods offered for sale in the stationary Bookshop.
- All prices quoted are in Polish zloty and include VAT.
- The prices of the Goods do not include shipping costs.
- The Customer of the Online Bookshop, in addition to the price of the goods other than Digital Content, is obliged to pay the costs of delivery to the location indicated by the Customer in accordance with the Price List of the Delivery Company.
- The Bookshop reserves the right to exclude the "cash on delivery" option for a Customer who fails to collect two consecutive Orders delivered by the Polish Post or InPost. The payment option "cash on delivery" for a particular Customer shall be reinstated upon receipt of a parcel processed under a subsequent Order placed using one of the prepayment options.
- The delivery method and cost for the Goods are indicated next to each Good on the Online Bookshop website.
§6
Order processing time and delivery methods
- The availability of each Good other than Digital Content is given (in working days) on the Bookshop website. Availability is understood as the time taken by the Bookshop to prepare an order and send it for dispatch. The time the Bookshop takes to deliver the ordered Goods to the Customer is not the same as the time required for delivery to the Customer via the chosen delivery method. The date for receipt of the goods by the Customer is indicative: availability of goods + expected delivery time and may not exceed 90 days from the conclusion of the contract.
- In the event of a delay related to the processing of the order within 90 days, the Customer shall have the right to specify an additional period for the processing of the order and, upon the unsuccessful expiry of such period, may withdraw from the contract.
- The dispatch of Goods, other than Digital Content, with varying availability dates will take place once the entire order has been fulfilled, namely after the longest availability period for the ordered Goods has elapsed. If an order is placed for Goods, and at least one of the Goods has an availability period exceeding 7 days, the Seller shall notify the Customer and propose splitting the order, which the Customer has the right to exercise at their discretion.
- Goods other than Digital Content included in an order placed through the Online Bookshop are delivered to the Customer at the indicated address via the Polish Post, InPost courier or InPost parcel machine, according to the delivery method chosen by the Customer.
- The time limit for receipt of the Goods by the Customer is contingent on the type of Goods and, for Goods other than Digital Content, the delivery method chosen by the Customer, and is as follows:
1) for the sale of Goods other than Digital Content:
(a) in Poland:
- via the Polish Postal Service: economy parcel delivery 3-4 working days + time of availability + transport of goods; priority parcel delivery 3-4 working days + time of availability of goods + transport time;
- via InPost courier: delivery 3-4 working days + availability time of the Goods + transport;
- in a parcel machine (delivery of goods to the selected InPost parcel machine): delivery 3-4 working days + Goods availability time + transport time;
- personal collection of the online order on the Museum premises: 3 working days + time of availability of the Goods; upon payment in advance, prior appointment by telephone (+48/33-844-80-75) or e-mail (ksiegarnia@auschwitz.org) and upon presentation of the order number
(b) in European Union countries:
- via the Polish Postal Service: economic parcel delivery 3-4 working days + 7-21 transport working days (depending on region) + availability of Goods; priority parcel delivery 3-4 working days + 4-14 transport working days (time may vary depending on region) + availability of Goods
(c) in countries outside the European Union:
- via the Polish Postal Service: economic parcel delivery 3-4 working days + 21-90 transport working days (depending on region) + availability of Goods; priority parcel delivery 3-4 working days + 10-21 transport working days (time may vary depending on region) + availability of Goods
2) Regarding the provision of Digital Content, it entails making the Content accessible to the Customer upon payment of the price.
- a) where the Customer has given the consent specified in §2 sec. 4 (3)(f), Digital Content shall be sent to the Customer's email address within 8 hours.
- b) where the Customer fails to provide the consent as outlined in § 2 sec. 4 (3) (f), the Digital Content will be promptly delivered to the Customer's e-mail address upon the expiration of the 14-day withdrawal period.
- The cost of delivery depends on the delivery method.
The Seller shall not be liable for any non-delivery of Goods or delay in delivery due to incorrect or inaccurate address provided by the Customer.
- The Seller reserves the right to temporarily withhold the processing of Orders in the event of extraordinary occurrences (e.g., pandemic, war, cyber-attack).
§7
The technical requirements for accessing the online Bookshop
- Minimum technical "requirements" for the use of the Online Bookshop:
- access to the Internet and a browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, or Safari;
- access to an active e-mail account.
- The sale of Digital Content can only be successfully completed using an Electronic Device such as a computer, tablet, smartphone, or e-reader.
- Each digital content available for purchase is accompanied by information that includes the file characteristics (ePUB, MOBI). Before placing an order, the Customer shall verify that the Electronic Device intended for downloading the Digital Content in question meets the hardware requirements specified in sec. 1, and has sufficient memory to store the Digital Content on the Electronic Device.
§8
Right to withdraw from the Contract
- A Consumer or an Entrepreneur with Consumer rights may withdraw from the Contract without stating a reason within 14 days of receipt of the Goods in the stationary bookshop or from the date of receipt of the Goods from the online bookshop.
- The right of withdrawal mentioned above shall not apply to Consumers or Entrepreneurs with Consumer rights if they have consented to the provision of Digital Content before the expiration of the withdrawal period. The above consent may be given when ordering or downloading the Digital Content from the email address provided by the Customer.
- A Consumer or an Entrepreneur with the rights of a Consumer who, despite making a complaint about non-delivery of the Digital Content, did not receive the Digital Content within the timeframe agreed under the complaint or the specified timeframe for delivery of the Digital Content was of significant importance for the Consumer and the Seller failed to deliver the Digital Content within that timeframe, shall be entitled to withdraw from the Contract.
- A Consumer or Entrepreneur with Consumer rights is obliged to:
- a) inform the Seller of the withdrawal from the Contract within the period referred to in sec. 1 by sending an e-mail to ksiegarnia@auschwitz.org (A Consumer or an Entrepreneur on Consumer rights may also use the Statement form attached as Annex No. 1 to these Terms and Conditions);
- b) return the Goods intact within 14 days from the day of withdrawal from the contract to the Seller's registered office address (does not apply to Digital Content). The Seller shall refund the Consumer or Entrepreneur with Consumer rights for all payments made by the latter, including the costs associated with returning the Goods, through the most cost-effective standard delivery option offered by the Bookshop. The Seller reserves the right to withhold the refund until the Goods have been returned or the Consumer or Entrepreneur with Consumer rights provides evidence of return.
- The Seller shall refund the payment to the account number provided by the Consumer or Entrepreneur with Consumer rights. In cases where the Consumer or Entrepreneur with Consumer Rights paid for the Goods through cash on delivery, they will be required to give consent for the funds to be returned to their designated bank account.
- The Consumer or Entrepreneur with Consumer Rights will be held accountable for any decrease in the value of the Goods that arises from using the Goods in a manner that exceeds what is necessary to establish the nature, characteristics, and functionality of the Goods. CDs and DVDs must be returned in their original and intact packaging (unremoved foil, undamaged box). If the packaging of the CD and DVD has been tampered with (foil removed, box damaged), the Consumer or Entrepreneur with Consumer rights shall have no right to withdraw from the contract.
- Any corrections to invoices (issued in cases such as contract withdrawal) shall be sent via email to the provided email address associated with the order.
- The Bookshop does not accept any parcels sent back under the right of withdrawal against cash on delivery.
§9
Complaints
- The Seller must provide the Customer with Goods compliant with the contract and free from defects.
- The Customer may exercise their warranty rights under the Seller's complaint procedure if the purchased Goods are defective or non-compliant with the contract.
- The Seller shall be liable for the warranty claims if the Goods do not comply with the contract or if a physical defect is discovered within two years from the date the Goods were delivered to the Customer. A claim for replacement of Goods with Goods conforming to the original Contract or replacement of Goods with defect-free Goods will remain valid for one year, counting from the date the defect was detected. However, if the Goods were purchased by a Consumer or Entrepreneur with Consumer rights, the limitation period shall end no earlier than the duration specified in the preceding sentence.
- Before lodging a claim for non-conformity of the Digital Content with the Contract, the Consumer or Entrepreneur with Consumer rights should ascertain if it is not a result of the attributes of their digital environment.
- Regarding Digital Content Goods, the Seller is responsible for any contractual non-conformity that arises or becomes evident during delivery, as stipulated in the Contract. This time frame must not be less than two years from the delivery of the Goods.
- The digital content complies with the Contract if:
(a) the description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates of the Digital Content are compliant with the Contract;
- b) the Digital Content's suitability for the specific purpose requested by the Customer, as a Consumer, and communicated to the Seller at the time of Contract conclusion, and subsequently accepted by the Seller, remains in conformity with the Contract;
(c) the Digital Content is fit for the usual purposes for which Digital Content of its kind is utilised while taking into account applicable law, technical standards or best practices;
(d) the Digital Content is available in such quantity and exhibits typical features, such as functionality, compatibility, availability, continuity, and security, that are consistent with Digital Content of this kind and which the Consumer can reasonably expect, taking into account the nature of the Digital Content and public assurances made by the Seller.
- e) the Digital Content was delivered with accessories and instructions that the Consumer may reasonably expect to be provided;
- f) the Digital Content conforms to the trial or preview version that the Seller had previously made available to the Customer prior to the conclusion of the Contract.
- To make a complaint, non-conforming or defective Goods should be returned to the registered office address of the Seller or submitted in person on-site (excluding Digital Content). The complaint should be accompanied by a completed complaint form detailing the reasons for the complaint and the requested resolution, as outlined in Annexe No. 2 to these Terms and Conditions. Before proceeding with the above actions, please get in touch with the Bookshop via e-mail (ksiegarnia@auschwitz.org) or by phone (33/844-80-57, 844-80-55). In the case of Digital Content, the complaint form should be exclusively submitted in the manner specified above.
- The Bookshop does not accept parcels returned under complaints against cash-on-delivery.
- As part of a complaint, the Customer is entitled to:
(a) withdraw from the contract in the event of a material defect in the Goods or
(b) replace the Goods with defect-free ones, or
- c) repair the Goods or
(d) a reduction in the price of the Goods.
- The Seller advises that the Customer's rights regarding the non-conformity of Digital Content with the contract are extensively regulated by the provisions of Article 43n of the Consumer Rights Act.
- Complaints shall be processed within 14 days of receipt.
- If a Customer, who is a Consumer/Entrepreneur with Consumer rights, requests a replacement of their purchased goods or submits a statement consenting to a reduced price with the Seller, and the Seller fails to respond within 14 days, the demand shall be deemed legitimate.
- If the Seller acknowledges the complaint, they shall comply with the Customer's demands per their rights referred to in this section. The Seller shall also promptly issue an appropriate corrective invoice and send it to the Customer at the indicated e-mail address.
- If the complaint is acknowledged or the Consumer/Entrepreneur with Consumer rights exercises their right to withdraw from the contract, resulting in the obligation to refund the price paid for the Goods, the Seller shall expeditiously refund the amount paid for the Goods to the Client's designated bank account, no later than 14 calendar days from the date of complaint resolution.
- The Seller shall also reimburse the Customer for any expenses related to returning the Goods under complaint to the amount equivalent to the delivery cost via Poczta Polska S.A. (economy parcel) FedEx or Inpost company.
- The Seller shall not be liable for an incorrectly made complaint, particularly for incorrect or false data provided by the Customer.
- Irregularities related to the functioning of the Bookshop may be reported by the Customer at: ksiegarnia@auschwitz.org, or by phone (33/844-80-57, 844-80-55).
- With regard to complaints, a Customer who is a Consumer/Entrepreneur with Consumer rights may exercise the rights granted to it by the provisions of the Consumer Rights Act of 30 May 2014, among others, for non-compliance of the Goods with the Sale Contract.
§10
Security policy. Personal data protection
- Personal data provided by the Customer is processed for the purposes of account registration, order processing, necessary contact, and all activities required for the conclusion of the contract of sale of the Goods and archiving process under Article 6(1)(b), (c), or (e) of the GDPR.
- The provision of data is voluntary but required to the extent necessary to fulfil the purposes mentioned above.
- The data controller referred to in sec. 1 is the Auschwitz-Birkenau State Museum with registered office at 20 ul. Więźniów Oświęcimia, 32-600 Oświęcim, Poland.
- For matters relating to the protection of the personal data in question, please contact the Data Controller appointed by the Museum via the e-mail address: iod@auschwitz.org, or at the registered office address of the Data Controller.
- Personal data shall be processed for the period the Controller is required by law to retain the data or the limitation period of any claims, the assertion of which requires the storage of data.
- The data provided may be forwarded to authorised entities responsible for processing data on behalf of the Museum, such as postal operators or couriers - as appropriate to the purpose of the processing. Data may only be transferred to eligible entities entitled to obtain data under applicable upon request supported by relevant legal justifications.
- Data subjects have the right to access, rectify, delete, restrict processing, withdraw consent, transfer, and object to any processing of their personal data. Data subjects are entitled to lodge a complaint with the President of the Office for Data Protection.
- Personal data provided shall not be subjected to automated processing and profiling.
- The storage and processing of personal data received shall be carried out in compliance with the principles set out in the Personal Data Protection Act of 10 May 2018, the Act on the Provision of Electronic Services of 18 July 2002 and the provisions of the GDPR - Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC.
- The Seller shall not be liable for the consequences of false or incorrect data provided by the Customer/registrant in the Order Form. This also applies to the sharing of individual account data with third parties and transactions made by unauthorised third parties who have gained access to the Customer's/registrant's account as a result of negligence in handling the individual account login and password.
- The seller shall not be held liable for the inability to access the Online Bookshop system or for any disruptions or errors in its functioning due to factors beyond the Bookshop's control.
- The Seller bears no responsibility for the loss of messages or data or data lost or not delivered over the Internet due to circumstances beyond the Online Bookshop’s control, particularly server or domain malfunction on the part of the customer/account registrant/mail service provider and situations where the message ends up in the recipient's SPAM folder.
§11
§11 Extrajudicial complaint and claim asserting procedures
- A Consumer may seek free assistance in matters concerning their entitlements and disputes with the Seller by referring to the county (municipal) consumer ombudsman, a provincial inspector of the Commercial Inspection, a permanent arbitration court, or another social organisation with consumer protection as one of its statutory objectives. Information for consumers is available on the website of the President of the Office of Competition and Consumer Protection (uokik.gov.pl).
- At https://ec.europa.eu/consumers/odr, the consumer can access the resolution of consumer disputes electronically via the EU online platform (ODR platform). The ODR platform is a multilingual, interactive website designed to support consumers and entrepreneurs seeking out-of-court resolution of disputes resulting from the conclusion of a distance sales contract.
§12
Final provisions
- In compliance with Article 6 of the Act of 18 July 2002 regarding the provision of electronic services, the Seller hereby states that using the Online Bookshop does not entail any specific risks other than those typically associated with Internet shopping.
- Matters not covered by these Terms and Conditions shall be governed by the provisions of Polish law, specifically the Civil Code, the Act on Consumer Rights, the Act on Providing Services by Electronic Means, the Act on Personal Data Protection, and the GDPR.
- The seller reserves the right to change the Terms and Conditions. Any changes to the Terms and Conditions are effective as of the date they are published on the Online Bookshop website. Orders placed by customers before the changes to the Terms and Conditions took effect shall be processed under the previous provisions of the Terms and Conditions.
- The Terms and Conditions have been drawn up in two languages versions: Polish and English.
- If the Customer is a Consumer or an Entrepreneur with Consumer rights, any disputes ensuing from the application of these Terms and Conditions shall be settled by the Polish common court with territorial jurisdiction as stipulated by the provisions of the Code of Civil Procedure. In all other instances, disputes shall be resolved by the Polish common court with jurisdiction over the Seller's registered office.
- The Terms and Conditions of Sale shall become effective on 30.11.2023 and can be accessed on the Online Bookshop website. The Terms and Conditions of Sale dated 28.05.2021 are no longer in effect.
Annexes:
Annexe No. 1. Statement of withdrawal from a distance contract
Annexe No. 2. Complaint form
ANNEXE NO. 1
STATEMENT OF WITHDRAWAL FROM
A DISTANCE CONTRACT
Name and surname of the Consumer/Entrepreneur with Consumer rights: …………………………………………………………………………………………………………
Address: …………………………………………………………………………………………………….
E-mail address: …………………………………………………………………………………………...
Auschwitz-Birkenau State Museum
- Więźniów Oświęcimia 20
32-600 Oświęcim
I declare that, pursuant to Article 27 of the Consumer Rights Act of 30 May 2014, I withdraw from the Contract, order no. ............. of ...................., concerning the purchase of Goods .........................................................................................................................
Please be informed that I received the goods mentioned above on .......................... (date of receipt).
Bank account number for refund:
……………………………………………………………………………………………………………
….........................................................
Date and signature of the Consumer/Entrepreneur with Consumer rights
ANNEXE NO. 2
COMPLAINT FORM
Date: ………………………….
Order no.: …………………………
Customer details:
Name and surname/name: ………………………………………………………………………………
Address: ………………………………………………………………………………………………….
Phone number/e-mail address: ………………………………………………………………………………
Name of the Goods subject to complaint:: ……………………………………………………………………..
Reason for complaint and a brief description of the defect: ..............................................................................................................................................................................................................................................
………………………………………………………………………………………………………….
Customer demand (please tick the appropriate box) :
- I withdraw from the contract (in case of a material defect) and demand a refund of the price of the Goods to the account number: …………………………………………….………………………..………..................
or by postal order to the address: …………………………………………………………
- Please replace the Goods* with defect-free ones.
Please send the Goods to the following address: ……………………………………………………………..
…………………………………………………………………………………………………
- Please repair the Goods**.
Please send the goods to the following address: ……………………………………………………………….....
............................................................................................................................................
- Please reduce the value of the Goods by the amount of ..................... and refund the given amount to the account number:......................................................................................................... or by postal order to the address: ........................................................................
*The seller shall provide a refund if a title is out of print.
**Does not apply to Digital Content