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Regulations
The seller and owner of the Online Store is the Józef Piłsudski University of Physical Education in Warsaw 00-809, address: Marymoncka 34, having legal personality under Article 9(1) of the Act of July 20, 2018 on Higher Education and Science (Journal of Laws of 2018, item 1668), NIP: 525-001-18-75, REGON: 000327830. The correspondence address (communication between the Client and the Seller):
– by phone: phone number: 697 317 453 (on business days from 9:00 AM to 3:00 PM),
– by email: email address: sklep@awf.edu.pl,
– by post: Online Store Józef Piłsudski University of Physical Education in Warsaw, Marymoncka Street 34, room 316, 00-968 Warsaw
§ 1. DEFINITIONS
1) Order Fulfillment Time – the time during which the order is being prepared and then handed over to the Client personally; Order Fulfillment Time does not include delivery time (the time between informing the Client about the possibility of collection and handing it over to the Client);
2) Business Days – means weekdays from Monday to Friday (excluding statutory holidays);
3) Client – an entity with full legal capacity, who places an Order in the Online Store under the conditions specified in the Regulations and for whom services are provided electronically;
4) Consumer – a natural person performing a legal act with the seller not directly related to their business or professional activity;
5) cart – a service provided electronically; a form that is an integral part of the Online Store's purchasing system, in which the Client confirms the item and conditions of the Order, i.e., the type and quantity of Goods, delivery or invoice details, payment method;
6) regulations – these regulations of the Online Store;
7) Online Store (Store) – an internet service available at sklep.awf.edu.pl, through which the Client can, in particular, place an Order for available Goods;
8) Goods – products indicated in the Online Store, which may be the subject of the Sales Agreement; the essential properties of each Goods are made available on its assigned subpage of the Store; the image of the Goods presented on the pages of the Online Store is a visualization of its actual appearance and is for informational purposes only;
9) sales agreement – an agreement for the sale of Goods within the meaning of the Act of April 23, 1964 – Civil Code, concluded according to the provisions of these Regulations between the Seller and the Client, through the Store's sales system;
10) Order – the Client's declaration of intent leading directly to the conclusion of the Sales Agreement, indicating its essential conditions, made using the Cart.
§ 2. GENERAL PROVISIONS
1. These Regulations define the rules for using the Online Store, in particular the conditions for placing and modifying Orders, making payments, and other rights and obligations of the Client and the Seller.
2. Through the Online Store, the Seller conducts retail sales of Goods, in particular clothing and accessories, via the Internet (distance selling using electronic communication means). The Online Store also provides free services rendered electronically in the form of providing the Store's functionalities, including an interactive order form.
3. If the service provided electronically consists of an interactive form, the Seller clearly marks the fields that must be filled in to use the service by the Client.
4. These Regulations are made available free of charge before the conclusion of the agreement on the Online Store's website, and also – at the Client's request – in such a way that allows them to obtain, reproduce, and retain the content of the Regulations using an IT system.
5. A condition for using the Online Store is the Client's familiarization with and acceptance of the Regulations.
6. The information contained in the Online Store is not an offer within the meaning of the Act of April 23, 1964 – Civil Code, but constitutes an invitation to conclude an Agreement.
7. In order to use the Online Store and fulfill the Order, the Client must meet the following minimum technical requirements: a device with internet access, an installed and updated version of the Internet Explorer, Chrome, FireFox, Opera, Safari web browser with JavaScript support enabled, an active email account.
8. The Client is prohibited from:
a) providing content prohibited by law, including violating personal rights and other rights of third parties;
b) acting in a manner that violates the law or aims to circumvent the law, as well as contrary to the principles of social coexistence or good manners.
c) using the Online Store in a way that disrupts its operation or is burdensome for the Seller and other Customers.
9. The Seller ensures the protection of electronic transmission and digital content by implementing technical and organizational measures to secure them, particularly data against unauthorized access by third parties, including through SSL encryption, access passwords, or antivirus programs and against unwanted software. At the same time, the Seller indicates that using the Internet and services provided electronically may be threatened by harmful software infiltrating the IT system and the user's device, as well as unauthorized access to Customer data, including personal data, by third parties. To minimize these threats, the Customer should use appropriate technical security measures, e.g., by utilizing antivirus programs or protecting user identification on the Internet.
10. Contracts are concluded in accordance with Polish law and in the Polish language.
11. In cases where there is limited availability of Goods or the order includes a larger quantity of Goods, the Seller reserves the right to extend the order fulfillment time or unilaterally withdraw from its execution.
§ 3. ORDER
1. Orders can be placed electronically through the Store's sales system, 24 hours a day, 7 days a week throughout the year, provided that their fulfillment takes place on Business Days from 9:00 AM to 3:00 PM, and it is possible to temporarily suspend the Store's operations due to maintenance activities or to address any potential failures.
2. The Customer places an Order by virtually adding Goods to the Cart. A successful addition causes the indicator of Goods in the Cart tab to change on the Order list, which can be modified at will. After confirming the selection of Goods, the Customer indicates in the Order form the payment method for the Order and provides their details. After completing the Order, the Customer confirms it and sends it to the Seller by activating the button "Place an order with payment obligation."
3. If the Customer has a discount code, they should enter this code before placing the Order in the designated field of the Order form. After placing an order with a discount code, the Customer should contact the Seller to fulfill the Order within 24 hours on a Business Day via email. If there is no such contact from the Customer, the Order will be canceled. Promotion details are indicated in separate regulations dedicated to them.
4. Each time before the Customer sends an Order to the Seller on the store's website, the Customer is presented with a summary of the Order for confirmation, i.e., the main features of the service and the total price of the Order.
5. In the process of placing the Order, until the button "Place an order with payment obligation" is activated, the Customer has the option to detect and correct errors in the Order and modify it through the Store's sales system.
6. After activating the button "Place an order with payment obligation," the Customer can change the Order, particularly correct errors in the entered data, until the Order is received by directly and immediately contacting the Seller (by phone or via email).
7. The information presented in the Online Store constitutes an invitation to submit offers by Customers. Placing an Order by the Customer is equivalent to submitting a declaration of intent to conclude a Sales Agreement for the Goods. The conclusion of the Sales Agreement occurs at the moment of sending a confirmation of acceptance of the Order for execution by the Seller to the email address provided in the Order.
8. The Order is effective if the Customer correctly completes the Order form and provides accurate contact information. The Seller will contact the Customer if this information is incomplete. If at least two attempts to contact the Customer within 5 consecutive days fail, it is deemed that the provision is impossible, and the Seller may cancel the Order or withdraw from the contract. The Customer will receive immediate notification regarding this matter at the email address they provided.
9. The recording, securing, and sharing of the content of the concluded Agreement occurs via the sales system. The Customer who placed the Order will receive a digital document confirming the conclusion of the Agreement.
10. The order fulfillment time for the Goods ranges from 2 to 7 Business Days. The fulfillment of the Order begins after:
a) bank transfer – after the payment is credited by the Seller,
b) when paying via PayPro – after confirmation received by the Seller from the payment operator.
c) when choosing to pay by card upon personal collection – after the order has been received
11. After the Customer places an Order on the Store's website and makes the payment,if the Customer chose the payment option by bank transfer or through PayPro,the Seller confirms the possibility of collecting the Order at the Goods collection point via email or phone contact.
§ 4. PRICES AND PAYMENT RESTRICTIONS
1. The prices listed on the Online Store pages are gross prices (including all duties and taxes, including VAT), expressed in Polish zlotys. The total price of the Order is calculated based on the choices made by the Customer in the Order form, according to the rates indicated there.
2. The binding price is indicated in the Order summary at the moment it is sent to the Seller.
3. The Customer can choose one of the following payment methods (payment methods are limited to):
a) bank transfer to the Seller's bank account (details are provided in the Order acceptance confirmation);
b) bank transfer through the external payment system PayPro, operated by PayPro S.A. based in Poznań;
c) payment by card upon collection.
4. A sales document (receipt) is issued for each sold Goods. If the Customer requests to have the VAT ID number on the receipt or to issue a VAT invoice, the Customer must submit such a request on the Order form before placing the Order. The sales document serves as confirmation of the essential elements of the submitted Order.
5. Prices listed in the Online Store may change (e.g., as part of a promotional campaign or clearance sale of Goods). The terms of the Order cannot change concerning the Customer who submitted the offer in the manner indicated in § 4 of the Regulations before the price change.
§ 5. WITHDRAWAL FROM THE CONTRACT
1. A consumer who has concluded a distance contract may withdraw from it without giving a reason by submitting a relevant written statement within 14 (fourteen) days from the day the consumer or a third party indicated by them takes possession of the item. If the consumer submitted a statement of withdrawal from the contract before the Seller accepted their offer, the offer ceases to be binding.
2. To meet this deadline, it is sufficient to send the statement before its expiration. The Customer may use the template of the withdrawal statement, which is an attachment to these Regulations and sent to the Customer at their email address. Using this template is not mandatory for the Customer.
3. In the case of withdrawal from the Contract, the Seller shall refund the Consumer all received payments without delay, and in any case, no later than 14 (fourteen) days from the day the Seller was informed of the decision to exercise the right of withdrawal from this Contract. The refund will be made using the same payment method used by the Customer unless the Customer has explicitly agreed to another method of return.
4. The Consumer is obliged to return the Goods to the Seller without delay, but no later than 14 (fourteen) days from the day on which they withdrew from the contract. To meet the deadline, it is sufficient to send the Goods back before its expiration.
5. The Consumer is liable for any diminished value of the Goods resulting from their use in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the Goods.
6. The right of withdrawal from the contract does not apply to the Consumer in relation to contracts for the provision of services if the Seller has fully performed the service with the express consent of the consumer, who has been informed before the commencement of the service that after the performance of the service by the entrepreneur, they will lose the right to withdraw from the contract, in which the subject of the service is a non-prefabricated item produced according to the specifications of the consumer or serving to satisfy their individualized needs, in which the subject of the service is a perishable item or has a short shelf life, in which the subject of the service is items that, due to their nature, are inseparably mixed with other items after delivery, or for the provision of digital content not stored on a tangible medium, if the performance of the service has begun with the express consent of the consumer before the withdrawal period has expired and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.
7. The direct costs of returning the Goods to the Seller in the case of withdrawal from the distance contract are borne by the Consumer.
8. The right to withdraw from a distance contract does not apply to Customers who are not Consumers.
§ 6. COMPLAINTS
1. The Seller is obliged to deliver Goods to the Customer free from defects. The Seller is liable to the Consumer if the Goods have a physical or legal defect (warranty). The Consumer is entitled to a warranty in the form of removing the defect, replacing the item with one free from defects, reducing the price, or withdrawing from the Agreement.
2. A warranty complaint is only available to Consumers. The parties: a Customer who is not a Consumer and the Seller, exclude warranty for defects between themselves.
3. Complaints should be submitted to the postal address or email indicated in the Contact section. To facilitate the complaint procedure, the complained Goods should be delivered along with proof of purchase and a complaint notification.
4. The Seller will respond to the Consumer's request within 14 (fourteen) days from receiving the complaint.
5. Depending on how the Customer submits the complaint, the Seller will notify the Customer about the consideration of the complaint and its outcome by letter sent to the address provided in the complaint or by email.
6. The complaint procedure also applies to services provided electronically by the Seller.
7. A Customer who is a Consumer and wishes to obtain assistance with a complaint may contact the municipal or district consumer ombudsman.
§ 7. PERSONAL DATA AND PRIVACY POLICY
1. The administrator of your personal data (hereinafter referred to as the "administrator") is the Józef Piłsudski University of Physical Education in Warsaw, ul. Marymoncka 34, 00-968 Warsaw (hereinafter also referred to as "AWF Warsaw"), represented by the Rector.
2. The Administrator has appointed a Data Protection Officer (DPO) who supervises the correctness of processing your personal data. You can contact the Data Protection Officer appointed by the administrator at the postal address AWF Warsaw (with a note directing the matter to the DPO) or via email at iodo@awf.edu.pl.
3. The Administrator processes your personal data:
a) based on Art. 6 sec. 1 lit. b of the General Data Protection Regulation of April 27, 2016, for the purpose of pursuing or fulfilling a contract and the order submission process without registration;
b) based on Art. 6 sec. 1 lit. c of the General Data Protection Regulation of April 27, 2016, for the purpose of fulfilling legal obligations imposed on the administrator under applicable regulations, in particular: issuing invoices, keeping accounting records, tax documentation, handling complaints and returns;
c) based on Art. 6 sec. 1 lit. f of the General Data Protection Regulation of April 27, 2016, for the purpose of pursuing or defending claims.
4. Recipients of your personal data will be entities authorized to obtain them under applicable laws and entities that have concluded relevant agreements with the administrator - for the supply of software and IT systems, provision of postal services.
5. Your personal data will be stored for the period specified by law, which depends on the purpose for which the data is processed.
This period is calculated based on the following criteria:
- the duration of the contract;
- legal provisions that may obligate us to process data for a specific time;
- the period necessary to defend our interests, not longer than 6 years from the date of termination.
6. You have the right to request from the administrator access to your personal data, the right to rectify, delete, or restrict processing, the right to object to processing, the right to data portability, and the right to withdraw consent at any time.
7. The aforementioned rights may be limited in situations where the administrator is legally obliged to process data to fulfill a statutory obligation.
8. Regarding the processing of personal data based on consent, you have the right to withdraw consent to processing at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.
9. Your data will not be subject to automated processing.
10. You have the right to lodge a complaint with a supervisory authority – the President of the Personal Data Protection Office based in Warsaw, at ul. Stawki 2, 00-193 Warsaw.
11. If the Seller becomes aware of the Customer's use of a service provided electronically in violation of the Regulations or applicable laws (unauthorized use), the Seller may process the Customer's personal data to the extent necessary to determine the Customer's liability.
12. The website may store HTTP requests, which means that some information may be recorded in the server's log files, including the IP address of the computer from which the request originated, the name of the Client station – identification carried out by the HTTP protocol, if possible, the date and time of system registration on the website and the arrival of the request, the number of bytes sent by the server, the URL of the page previously visited by the user if the Client entered through a link, information about the user's browser, and information about errors that occurred during the execution of the HTTP transaction.
13. Logs may be collected as material for the proper administration of the service. Only persons authorized to administer the IT system have access to the information.
14. Log files may be analyzed to compile traffic statistics for the Service and errors that occur. Summarizing such information does not identify Clients.
§ 8. CHANGE OF REGULATIONS
1. The Seller may change these Regulations for important legal or technical reasons.
2. Clients will be informed of the change in the Regulations in a message displayed on the homepage 14 (fourteen) days before the changes take effect.
3. Orders placed before the changes to the Regulations take effect will be processed according to the previous content of the Regulations.
§ 9. FINAL PROVISIONS
1. The Seller does not accept parcels sent to them cash on delivery or unpaid.
2. In matters not regulated by these Regulations, the provisions of common law apply, in particular the Act of April 23, 1964 – Civil Code and the Act of May 30, 2014 – on consumer rights.
3. The Client's obligations arising from the Agreement are fulfilled at the moment of payment for the Goods and delivery and receipt of the Goods, made in accordance with the Order.
4. All materials, including graphic elements, the composition of these elements, trademarks, and others available in the Online Store are subject to exclusive rights, in particular, they are protected by copyright and industrial property rights. The use of materials provided in the Online Store in any form requires the Seller's consent each time.
5. In case of a dispute with the Seller, the Client is entitled to refer to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute arising from the concluded Sales Agreement. The consumer may also seek mediation or resolution from another arbitration court (make use of alternative dispute resolution methods known as ADR). For this purpose, the Consumer must deliver to the Seller, depending on their will, a request for mediation or a request for consideration of the case before the arbitration court. If the dispute concerns a defect in the Goods, it should be noted that seeking the assistance of the consumer court operating at the Trade Inspection is possible after the complaint process with the Seller has been completed. Detailed information regarding access to these procedures is available from the authorities conducting them, including on their websites. In other cases, when determining the local jurisdiction of the court, the rules specified in the Act of November 17, 1964, Civil Procedure Code, should be followed. Disputes arising between the Seller and a Client who is not also a Consumer shall be submitted to the court having jurisdiction due to the Seller's registered office.
Warsaw, January 24, 2024.
WITHDRAWAL FROM THE CONTRACT
1. A consumer who has concluded a distance contract may withdraw from it without providing a reason by submitting a relevant written statement within 14 (fourteen) days from the date of taking possession of the item by the Consumer or a third party indicated by him. If the Consumer has submitted a statement of withdrawal from the contract before the Seller has accepted his offer, the offer ceases to be binding.
2. To meet this deadline, it is sufficient to send the statement before its expiry. The Client may use the template for the withdrawal statement attached to these Terms and Conditions and sent to the Client at his email address. Using this template is not mandatory for the Client.
3. In the event of withdrawal from the Agreement, the Seller shall refund all payments received from the Consumer without delay, and in any case no later than 14 (fourteen) days from the day the Seller was informed of the decision to exercise the right of withdrawal from this Agreement. The refund will be made using the same payment method used by the Client, unless the Client has expressly agreed to a different method of refund.
4. The Consumer is obliged to return the Goods to the Seller without delay, but no later than 14 (fourteen) days from the day on which he withdrew from the contract. To meet the deadline, it is sufficient to send the Goods back before its expiry.
5. The Consumer is responsible for any decrease in the value of the Goods resulting from use beyond what is necessary to ascertain the nature, characteristics, and functioning of the Goods.
6. The right of withdrawal from the contract does not apply to the Consumer in relation to contracts for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after the performance of the service by the entrepreneur, he would lose the right of withdrawal from the contract, where the subject of the provision is a non-prefabricated item produced according to the consumer's specifications or serving to meet his individualized needs, where the subject of the provision is a perishable item or one with a short shelf life, where the subject of the provision is items that, due to their nature, become inseparably linked with other items after delivery, for the provision of digital content not stored on a tangible medium, if the performance of the provision began with the express consent of the consumer before the expiry of the withdrawal period and after being informed by the entrepreneur about the loss of the right of withdrawal from the contract.
7. The direct costs of returning the Goods to the Seller in the event of withdrawal from a distance contract shall be borne by the Consumer.
8. The right to withdraw from a distance contract does not apply to Clients who are not Consumers.
COMPLAINT
1. The Seller is obliged to deliver Goods to the Customer free from defects. The Seller is liable to the Consumer if the Goods have a physical or legal defect (warranty). The Consumer is entitled to a warranty in the form of removal of the defect, replacement of the item with one free from defects, a price reduction, or withdrawal from the Agreement.
2. The warranty complaint is only available to Consumers. The parties: a Customer who is not a Consumer and the Seller exclude between themselves the warranty for defects.
3. Complaints should be submitted to the postal address or email indicated in the Contact section. To expedite the complaint process, the complained Goods should be delivered along with proof of purchase and a complaint notification.
4. The Seller will respond to the Consumer's request within 14 (fourteen) days of receiving the complaint.
5. Depending on how the complaint is submitted by the Customer, the Seller will inform the Customer about the consideration of the complaint and its outcome by letter sent to the address provided in the complaint or by email.
6. The complaint procedure also applies accordingly to services provided electronically by the Seller.
7. A Customer who is a Consumer and wishes to seek assistance with a complaint may contact the municipal or county consumer ombudsman.
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