TERMS AND CONDITIONS OF THE ONLINE STORE Leitmotif Editions
I. GENERAL PROVISIONS
1. These Regulations define the rules for making purchases in the Leitmotif Editions online store available at https://leitmotifeditions.pl, and in particular the rules and procedure for concluding distance selling agreements via the Store, as well as the complaint procedure and the procedure for withdrawal from the agreement by the Consumer.
2. Online store: Leitmotif Editions, operating at: https://leitmotifeditions.pl is run by: Sylwia Gruszka, ul. Filtrowa 67/44, 02-055 Warsaw, Poland, VAT ID: 5261207949. The business activity is registered in the Central Registration and Information on Business (CEIDG), run by the Minister responsible for economic affairs.
3. In the scope of Services provided electronically, these Regulations are the regulations referred to in art. 9 of the Act on the provision of services by electronic means of 18 July 2002 (consolidated text: Journal of Laws of 2020, item 344 , as amended).
4. The Regulations are addressed to all Customers of the Store. All Customers are required to familiarize themselves with the provisions of the Regulations before making a purchase.
5. Each Customer is obliged to comply with the provisions of the Regulations. Sales are made on the basis of the version of the Regulations in force at the time of placing the order.
6. Every Customer has the opportunity to read the Regulations at any time by clicking on the Store's website: https://leitmotifeditions.pl in the hyperlink: https://leitmotifeditions.pl/regulamin-sklepu/". The Regulations can be downloaded and printed at any time.
7. All information contained on the Store's website: https://leitmotifeditions.pl , relating to products (including prices), does not constitute an offer within the meaning of art. 66 of the Act of 23 April 1964, the Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended), but an invitation to conclude a contract, pursuant to art. 71 of the Act of 23 April 1964, the Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended). By sending the Order Form, the Customer makes an offer to purchase and deliver the indicated Goods for the price and under the conditions specified in the description.
II. DEFINITIONS
Regulations - this collection of regulations organizing the rules for using the Store Services by Customers.
Consumer - a natural person concluding an Agreement via the Store, not directly related to his or her business or professional activity.
Entrepreneur with Consumer Rights - a natural person concluding a civil law agreement through the Store, directly related to their business activity, when the content of this Agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity. For the purposes of these Regulations, it is assumed that in the absence of a distinction between the two groups of entities, the Regulations apply to both Consumers and Entrepreneurs with Consumer Rights.
Customer - a natural person (including a Consumer) who is at least 13 years of age (provided that he/she has obtained the consent of his/her legal representative), a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, which uses the Services provided by the Store.
Order Form - Service available on the Store's website, through which the Customer can make a purchase, in particular by adding Goods to the Basket and specifying certain terms of the Sales Agreement, including the method of delivery and payment.
Cart - an element of the Store in which the Goods selected by the Customer are visible and in which the Customer can set and modify the Order data, including the quantity of Products purchased.
Shop - online service belonging to the Seller, available under the domain: https://leitmotifeditions.pl/, through which the Customer can purchase Goods from the Seller.
Seller - Sylwia Gruszka, ul. Filtrowa 67/44, 02-055 Warsaw, Poland, VAT ID: 5261207949. The business activity is registered in the Central Registration and Information on Business (CEIDG), run by the Minister responsible for economic affairs, which, conducting commercial or professional activity, offers sales via its website.
Goods – products presented in the Online Store, subject to trade between the Store and the Customer, the terms of sale of which are specified in the Order Form.
Goods with digital elements - goods containing digital content or a digital service or connected to them in such a way that the lack of the digital content or digital service would prevent it from functioning properly.
Digital Environment - computer hardware, software and network connections used by the Consumer to access or use digital content or a digital service.
Integration - combining digital content or a digital service with elements of the Consumer's digital environment and incorporating them into these elements in order to ensure compliance with the Agreement on the supply of digital content or a digital service.
Compatibility - the interoperability of digital content, a digital service or a good with computer hardware or software that is typically used to use digital content, a digital service or a good of the same type, without the need to transform it.
Functionality - the ability of digital content, digital service or goods to perform their functions, taking into account their intended use.
Interoperability - the ability of digital content, a digital service or a good to work together with computer hardware or software other than that typically used to access the digital content, digital service or good of the same type.
Contract - a contract for the sale of Goods at a distance, concluded by the Customer via the Store, usually via the Order Form.
III. ACCEPTANCE AND PROCESSING OF ORDERS
1. The condition for using the Store is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.
2. Registration in the Online Store is optional. The Customer may place an order without registering in the Store, after reading and accepting these Regulations. Registration takes place by filling in and accepting the registration form, available on one of the Store's pages. The condition for registration is to agree to the content of the Regulations and provide personal data marked as mandatory. Leitmotif Editions may deprive the Customer of the right to use the Online Store, as well as limit their access to part or all of the resources of the Online Store, with immediate effect, in the event of a breach of the Regulations by the Customer, and in particular when:
- the data provided by the Client in the registration form is untrue, inaccurate or out of date, misleading or violating the rights of third parties,
– The Customer has committed, through the online store, an infringement of the personal rights of third parties, in particular the personal rights of other customers of the online store,
– engages in other conduct that is deemed by Leitmotif Editions to be inconsistent with applicable legal provisions or general principles of using the Internet or detrimental to the good name of Leitmotif Editions.
3. The price stated in the order is the total value that the Customer is obliged to pay, including the applicable tax (gross price). The cost of delivery is not included in the price, as it depends on the method of delivery of the Goods chosen by the Customer.
4. If the Consumer is required to pay more than the agreed price, described in the previous paragraph, the Store will immediately inform the Consumer of this fact, explaining the reason for the price difference. The Consumer will be charged additional costs only after obtaining the Consumer's express consent.
5. The Seller reserves the right to change prices in the Store, introduce new Products for sale, conduct and cancel promotional campaigns, or introduce changes to them, in accordance with applicable law.
6. In the event of a promotion, the Store informs Customers about the lowest price of the Product from the last 30 days. If the Product has been on sale for less than 30 days, the price before the promotion is the lowest price since the Product was introduced to the Store. This information is presented next to the promotional price of the Product.
7. The Product Order is placed by selecting the Product(s) the Customer is interested in, clicking the "ADD TO CART" button located next to the Product description, and then, from the "CART" level located in the Store tab, filling out the Order Form, including selecting the form of delivery and payment or selecting the cash on delivery option, if available for the selected Product, and then clicking confirmation of purchase.
8. Entrepreneurs with consumer rights should indicate, already at the time of placing an order for Products, that the purchase is not of a professional nature for them.
9. After placing the order, the Customer receives a confirmation of the placed order to his/her e-mail address provided in the Order Form.
10. After the Customer receives confirmation of acceptance of the offer, the process of order fulfillment by the Seller begins, whereby:
a) in the case of placing an order paid on delivery - it starts at the latest on the next business day after its confirmation by the Seller.
b) in the case of placing an order paid by traditional transfer - the processing time begins after the payment for the placed order is credited to the Store's bank account.
11. The Customer will receive a message about the acceptance of the order for execution, which is understood as the Seller's declaration of acceptance of the offer. Upon its receipt by the Customer, the Sales Agreement is concluded.
12. An invoice is issued for each order.
13. The available means of communication between the Customer and the Store are:
a) E-mail address – hello@leitmotifeditions.pl
b) contact form on the website https://leitmotifeditions.pl
IV. DELIVERY AND TRANSPORT COSTS
1. The delivery of the order in the Store is carried out via courier company.
2. Orders placed in the Store are processed only on working days. Orders placed on Saturdays, Sundays and public holidays will be processed on the next working day. In exceptional situations, e.g. when the work presented in the store is part of an exhibition or when the processing time is longer due to other reasons reasons, such information will be found on the website in the product description.
3. Unless otherwise stated in the product description, the waiting time for delivery is usually: 3-5 business days. The waiting time consists of the order processing time and the expected delivery time, which is usually 1-2 business days in Poland.
4. The Seller is not liable for delays resulting from the fault of the carrier.
5. When receiving a parcel delivered by a courier, the Customer should carefully check the contents and completeness of the parcel, the condition of the external packaging and the condition of the ordered Product in his presence. In the event of damage to the parcel, the Customer should draw up a damage report with the courier, in two identical copies signed by the Customer and the courier.
6. The Seller is not responsible for any additional fees, customs duties, or taxes that may be imposed on the Goods during or after delivery. Buyers are required to cover any potential customs charges and import taxes. The Seller is not liable for delays caused by customs procedures or for any losses, damages, or additional costs arising from circumstances beyond the Seller's control.
V. PAYMENT METHODS
1. Within the framework of the Store's operation, the following payment methods are possible:
1) cash on delivery – upon receipt of the shipment (additional fee)
2) by bank transfer
3) payment via PayPal
4) payment via Stripe online payment (debit card, credit card)
2. Detailed rules and conditions for making payments through banks or other available services are specified in the relevant regulations of the relevant banks and services.
3. The Customer who has chosen the option of payment by bank transfer is obliged to pay for the placed order within five (5) business days from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is removed from the system. In the title of the payment, it is enough to provide only the number of the placed order. It is possible to extend the payment deadline, after informing the Store about this fact: hello@leitmotifeditions.pl
VI. COMPLAINT
1. The Seller shall be liable for the non-conformity of the Product with the Agreement. The provisions of the Act of 23 April 1964, the Civil Code ( Journal of Laws of 2023, item 1610, as amended ), regarding warranty for defects, shall not apply to agreements requiring the transfer of ownership of the Goods to the Consumer, including in particular sales agreements, delivery agreements and contracts for a specific work being the Goods.
2. Complaints regarding the Products may be submitted:
a) via e-mail, to the e-mail address: hello@leitmotifeditions.pl
3. The complaint should include:
a) details of the person submitting the complaint (name and surname, mailing address, e-mail address and contact telephone number);
b) indication of the reason for the complaint and the content of the request;
c) the Order number appearing in the Order acceptance confirmation;
d) the original or a copy of the proof of purchase (e.g. receipt or invoice) may facilitate the submission of a complaint, but is not necessary to submit it.
VII. RIGHT OF WITHDRAWAL
1. In accordance with the Act of 30 May 2014 on consumer rights ( Journal of Laws of 2020, item 287 , as amended), the Consumer may withdraw from the Agreement concerning Products purchased in the Store, without giving a reason, by submitting an appropriate written declaration, within fourteen (14) days from the date of issue of the Goods (i.e. from the date of receipt of the Goods by the Consumer). This deadline is considered to have been met if the Consumer sends the declaration before its expiry.
2. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller.
3. The declaration of withdrawal from the Agreement should be sent to the following e-mail address: hello@leitmotifeditions.pl
4. The Consumer shall return the Goods to the Seller within fourteen (14) days from the date on which he withdrew from the Agreement. To meet the deadline, it is sufficient to return the Goods before it expires.
5. The consumer bears the costs of returning the Goods.
6. The Goods should be returned to the Seller's address: Leitmotif Editions, ul. Filtrowa 67/44 02-055 Warsaw, Poland.
7. The Seller shall, within fourteen (14) days from the date of receipt of the declaration of withdrawal from the Agreement, return to the Consumer all payments made by him, including the cost of delivering the Goods, provided that the refund of payments shall not be made until the Goods are received back.
9. The Seller will refund the payment using the same method of payment that was used by the Consumer.
10. The Consumer is liable for any reduction in the value of the Product resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
11. The right to withdraw from the Sales Agreement does not apply to the Consumer in relation to the Agreement:
a) where the subject of the provision is a Good manufactured according to the Consumer’s specifications or intended to meet his individual needs;
b) where the subject of the provision is a Good that spoils quickly or has a short shelf life;
c) where the subject of the provision are Goods which after delivery, due to their nature, are inseparably connected with other goods;
d) where the subject of the provision are audio or visual recordings delivered in a sealed package, if the package was opened after delivery;
e) for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
f) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Agreement expires;
g) for the delivery of Goods with digital elements, digital services or digital content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the provision, the Consumer will lose the right to withdraw from the Agreement, and has acknowledged this and the Seller has provided him with confirmation;
h) concluded through public auction;
12. The right to withdraw from a Distance Agreement is available to Consumers and Entrepreneurs with Consumer rights.
VIII. OUT-OF-COURT DISPUTE RESOLUTION
1. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
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Mediation conducted by the relevant Voivodship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
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Assistance from the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be filed. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
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Free assistance from the municipal or district consumer ombudsman.
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The ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
2. This chapter entitled "Out-of-court dispute resolution" does not apply to Entrepreneurs with Consumer rights.
IX. PERSONAL DATA PROTECTION
1. By placing an order, the Customer consents to the processing of personal data provided by him/her for the purpose of fulfilling and handling the order by the Seller, who is also the controller of personal data within the meaning of Art. 7 of Regulation (EU) 2016/679 of the European Parliament and of the 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 repealing Directive 95/46/EC (General Data Protection Regulation), OJ EU L 119, 4 May 2016, pp. 1–88.
2. The Seller is the administrator of personal data provided by the Customer when using the Store.
3. Personal data contained in the Seller's database are not transferred to entities that do not participate in the execution of the Agreement.
4. The Customer, in accordance with Article 15 of Regulation (EU) 2016/679 of the European Parliament and of the 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 repealing Directive 95/46/EC (General Data Protection Regulation), OJ EU L 119, 4 May 2016, pp. 1–88, has the right to access their personal data, may request their correction or deletion. The Seller provides each Customer with the right to control the personal data being processed.
5. Providing personal data is voluntary, however, failure to consent to the processing of personal data will prevent the Customer from fulfilling the order.
6. Detailed information regarding personal data and privacy protection is included in the "Privacy Policy" tab on the Store's website.
X. FINAL PROVISIONS
1. The Regulations define the rules for concluding and performing the Sales Agreement for Products available on the Store's website.
2. The sales agreement is concluded between the Customer and the Seller.
3. The Regulations are available to all Customers in electronic form on the Store's website, at the following URL address: "https://leitmotifeditions.pl/regulamin-sklepu/".
4. In order to use the Store Services, it is necessary to have devices that allow access to the Internet and a web browser that allows the display of www pages, as well as to provide an e-mail address that allows for sending information regarding the execution of the order.
5. All persons, including Customers, are prohibited from posting illegal content on the Store's website.
6. In matters not regulated by these Regulations, the relevant provisions of generally applicable law shall apply.
7. The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he/she is entitled to under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and mandatory provisions of law, granting rights to consumers, the provisions of law shall prevail.
8. Provisions of the Regulations that are less favorable to the Consumer than the provisions of the Act of 30 May 2014 on consumer rights ( i.e. Journal of Laws of 2020, item 287, as amended) are invalid, and the provisions of the Act apply in their place.
9. Any disputes arising between the Leitmotif Editions Online Store and a Customer who is not a Consumer shall be settled by the court with jurisdiction over our registered office.
1 0. The court with jurisdiction to resolve disputes with Consumers is the court with local jurisdiction according to the applicable provisions of the Code of Civil Procedure.