QBOOK General Terms and Conditions of Online Sales
I [GENERAL PROVISIONS]
- These General Terms and Conditions of Sales through QBOOK online shop (hereinafter referred to as GTC) are applicable to orders for products forming the range offered by Edica (hereinafter referred to as “Products”) at Qbook Online Shop (via a website launched by Edica at http://www.qbook.eu (and via other addresses, so-called aliases, which redirect to the above-mentioned address; the website is hereby called a Party). The online shop allows to upload descriptions and prices of Products, make and accept offers, conclude contracts for the sale of Products, make contact between the seller and the buyer, carry out the concluded contracts, submit declarations concerning the contracts, and make payments - without the simultaneous presence of the parties).
- EDICA Sp. z o.o. with registered office in Poland in Poznań, 3 Forteczna Street, entered into the Register of Entrepreneurs of the National Court Register under entry number 0000312356, whose registration files are kept by the Poznań Nowe Miasto and Wilda District Court in Poznań, 8th Business Department of the National Court Register, holder of REGON number 300868150 and Taxpayer Identification Number 782-25-30-124, with share capital of PLN 200,000 is a Party to contracts concerning products offered through the Qbook online shop acting in the capacity as the Seller (hereinafter referred to as Edica).
- Natural and legal persons, organisational units without legal personality who in accordance with law are conferred legal capacity and who are consumers (natural persons who enter with the entrepreneur into legal transactions not related directly to their business or professional activity) and who are not consumers can be parties to contracts concerning Products offered through the Qbook online shop as buyers (hereinafter referred to as Buyers).
- Activity of Edica, which consists in running the Qbook online shop, is addressed to Buyers who reside or have a registered office in the European Economic Area or in the Swiss Confederation.
- GTC are available online at: http://www.qbook.eu (and at other addresses, so-called aliases which redirect to the indicated website) and at Edica’s registered office. On request, the scanned or printed version of GTC can be obtained from Edica.
II [PLACING ORDERS]
- Orders for Products can be placed,
To place an order for Products via the Website, the Buyer can choose to:
- via the Website,
- via e-mail to the address indicated on the website.
Edica advises that the Buyer be careful when entering personal data and check whether the data transfer is properly secured. Safety of the data transfer may be checked by verifying a “green padlock” appearing next to the website address and checking whether security is verified by Dreamcommerce S.A.
Order acceptance confirmation (statement of transaction) is made via the Website (a relevant message is displayed) and through an e-mail message sent to the address indicated by the Buyer.
Only Products whose descriptions and prices are posted on the Website and for which no information indicating unavailability is posted can form the subject of the order (and the contract).
Edica accepts and executes orders for Products up to a limit of 100 pieces per one order.
Orders for a larger number of pieces than the above limit are accepted and executed by Edica’s Sales Department based on a contract subject to individual negotiations.
- register data for a given transaction (a given order) in the manner and in the scope provided for on the Website and then follow the instructions posted on the Website (if the Buyer made the registration before May 25th, 2018, the Buyer may purchase the product by logging in to the Buyer’s individual account).
III [PRICES AND PAYMENTS]
Unit prices (price per piece) are set according to a binding Edica’s Products price list and quoted next to descriptions of individual Products; apart from unit prices, prices per set (a specific number of copies) can be quoted. Prices are quoted as gross prices (they contain applicable goods and services tax; on the Website, next to gross prices, net prices may be indicated as well, but the Buyer is obliged to pay gross price).
Without prejudice to paragraph 15, the total price, which the Buyer is obliged to pay for the Products forming the subject of the contract is the product of the unit price of a given Product (or the price for a set) and the number of pieces (or sets). The exact price to be paid and delivery costs will be quoted prior to placing an order and in any case will be acknowledged in the proof of purchase attached to the Products ordered.
Gross delivery costs, which are subject to delivery type selected by the Buyer, will be added to the price of Products, whereas personal collection from Edica’s registered office (if available) will be free of charge.
The price for the Products and delivery costs will be payable on a one-off basis using one of the following methods, as selected by the Buyer:
Price and delivery costs are payable upon the conclusion of the contract, except when the Buyer selects cash on delivery, provided this payment method is available, in which case the price and delivery costs will be payable at the time of delivery of Products.
Along with the Products, the Buyer will receive a cash register receipt or a VAT invoice, as selected by the Buyer and in accordance with binding law.
- payment card (payment is made when concluding the contract via the Website),
- online payment via Przelewy24 gateway available through the Website (payment is made when concluding the contract via the Website or when placing an order via e-mail),
- cash on delivery (only when such a payment method is clearly indicated on the Website),
- transfer to Edica’s bank account (only when such a payment method is clearly indicated on the Website).
The Buyer will select the collection and delivery method from among delivery types offered by Edica on the Website. If personal collection from Edica’s registered office is available, Products should be collected within seven days from informing the Buyer about the Products being ready for collection.
The Buyer will notify Edica without delay about the change of delivery address.
Edica will notify the Buyer about the Products being ready for delivery or collection by sending an e-mail to the address indicated by the Buyer.
Upon delivery, the Buyer will immediately examine the subject of the order and will take steps necessary to determine whether the carrier is liable for damage, destruction or loss of the subject of the order. If the Products are delivered to an INPOST parcel station, examining the condition of delivered Products and making any prospective complaints is subject to Paczkomaty 24/7 Terms of Service issued by INPOST sp. z o.o. and posted at https://twoj.inpost.pl/pl/regulaminy. The provisions of this paragraph will not exclude Consumers’ rights to present claims under the contract, and in particular will neither exclude Consumers’ rights under warranty for defects nor to present claims due to improper performance of the contract by Edica.
If an order for Products is placed with delivery address outside the Republic of Poland, the Buyer who is not a Consumer will be treated as an importer and will be obliged to observe legal regulations binding in the country of delivery of Products. Therefore, the Buyer may be obliged to pay customs duties, taxes or other charges applicable in accordance with law of the place of delivery of Products. The Buyer is obliged to determine and pay any and all customs duties, taxes and charges as stipulated above. Edica will not be held liable if ordered Products breach the law of the country of delivery. The provisions of this paragraph neither apply to Consumers nor to contracts with Consumers and do not exclude any Consumers’ rights.
Edica will issue the Products upon the payment of price and delivery costs in full (as chosen by the Buyer, Edica will issue the Products to the Buyer at its registered office or will issue the Products to a carrier); if cash on delivery is available and selected by the Buyer, Edica will issue the Products to a carrier who will deliver the Products to the Buyer in return for cash payment of the price and delivery costs. The provisions of this paragraph will not affect the provisions of Article 548 par. 3 of the Civil Code.
The Products will be issued to a carrier immediately upon an event stipulated in paragraph 24 (if cash on delivery is available and selected by the Buyer, immediately upon the conclusion of the contract), and not later than on the next Working Day.
Carriers will deliver the Products within time limits indicated on the Website; in the territory of the Republic of Poland the time limit will not exceed two Working Days from the issue of the Products to a carrier.
If the Buyer is not a Consumer, the place of providing the services by Edica - issue of goods - will be Edica’s registered office. Article 544 of the Civil Code will apply.
V [PERSONAL DATA]
The Buyer, who is a physical person, submits their personal data voluntarily. Submitting the personal data is necessary for performance of the agreement. Edica Sp. z o.o. shall process the data in order to:
The Buyer’s personal data shall be processed for a period not exceeding five years as of the beginning of the year following the financial year in which the transaction or proceeding was finally closed, payments paid up, settled or time-barred. This period may be extended if it is necessary for Edica to fulfil obligations resulting from provisions of law or legitimate interests. After that period the data shall be deleted or made anonymous.
Processing personal data is legally justified as the Buyer’s personal data is required to perform the agreement where the Buyer is a party, or to take actions on Buyer’s request before concluding the agreement. The Buyer’s data is also necessary to fulfil the legal obligation imposed on Edica. Edica shall reserve the right to process Buyer’s personal data if it is needed for Edica’s legitimate interests, such as direct marketing.
- Perform service provided by Edica or sell products,
- Fulfill obligations imposed on Edica by provisions of law, including tax and according purposes
- Achieve own goals in terms of statistics and analyses
- Take marketing actions regarding own services and products
The Buyer’s personal data may be processed by
Edica shall grant the Buyer access to the Buyer’s personal data. The Buyer shall have the right to demand that Edica delete or restrict the Buyer’s data, correct it personally or by submitting written statements. The Buyer shall have to the right to object to data processing and lodge a complaint to a supervisory authority, i.e. to the President of the Personal Data Protection Office.
In matters regarding personal data protection contact us to the company address or via e-mail: firstname.lastname@example.org.
- Entities supporting us in performance of the agreement concluded with the Buyer, i.e. a company managing payments, a forwarding company, a company maintaining websites or providing software for online shops;
- Entities providing marketing services and maintenance of our IT system;
- Entities supporting us in terms of legal obligations pursuant to provisions of law, e.g. a statutory auditor or a company archiving and shredding documentation which includes personal data.
- In accordance with Article 27 of the Act of 30 May 2014 on consumers’ rights, the Buyer who acting as a Consumer has concluded a remote agreement (via the Website or e-mail) can withdraw from such a contract within 14 days without giving reasons and without incurring any costs, except for the costs as indicated below. The period for the withdrawal from the contract runs from the date of taking possession of the Products by the Consumer or a third person indicated by him/her other than the carrier. Detailed information on the exercise of the right of withdrawal is presented in Annex No. 1 to GTC.
- The Consumer may withdraw from the contract by submitting to Edica a declaration of withdrawal from the contract. The declaration can be made on a form, whose specimen is given in Annex no. 2 to GTC or on a form constituting Annex number 2 to the Act of 30 May 2014 on consumers’ rights (using the form is not required when making a declaration of deduction). A specimen declaration of withdrawal from the contract is available on the Website. In order to observe the period stipulated in paragraph 35, you must send the declaration before the expiry of the time limit to the address indicated in paragraph 1 by traditional mail or e-mail.
- In the event of withdrawal from a remote agreement, the contract is deemed to have been unconcluded. If the Consumer has made a declaration of withdrawal from the contract before Edica accepted the order, the offer ceases to be valid.
- In the event of withdrawal from a remote agreement:
Edica is obliged to immediately, and not later than within 14 days from the date of receipt of Consumer’s declaration of withdrawal from the contract, refund all payments made by the Consumer, including Products’ delivery costs. Edica will refund the payment using the same method of payment as the Consumer, unless the Consumer expressly agrees to other method of refund, which does not entail any costs for the Consumer. Edica may defer the refund of payment received from the Consumer until it receives the Products or a proof of their shipment by the Consumer, whichever occurs sooner.
In the event of withdrawal as described in paragraph 35 the Consumer is obliged to bear the following costs:
- The Consumer is obliged to immediately return the Products to Edica and not later than within 14 days from the date of withdrawing from the contract; in order to observe the time limit, you must send the Products back prior to its expiry.
- The consumer will be held liable for reducing the value of the Products, which results from their use beyond the scope necessary to determine the nature, characteristics and functioning of the Products.
- additional costs, if the Consumer has chosen to send the Products using other method than the cheapest delivery offered by Edica; Edica will not refund such additional costs to the Consumer;
- direct costs of sending back to Edica the Products, which are the subject of the contract, from which the Consumer has withdrawn.
- Edica undertakes to supply the products free from defects. Edica will be held liable for defects in accordance with the provisions of the Civil Code, Article 556 - 576 in particular, subject to the provisions of paragraph.
- If the Buyer is not a Consumer, without prejudice to the provisions of sentence 2 below, Edica will be held responsible under warranty if a material defect or defect in title is detected before the expiry of one year from the date of issue of the Products to the Buyer; the Buyer who is not a Consumer will lose its rights under warranty, if it does not examine the Products within fourteen days of the issue of the Products and does not notify Edica about the defect within this time limit, and in the case when the defect is discovered later - if it does not notify Edica about such fact immediately after its discovery.
- Complaints may be lodged, inter alia:
The Buyer has the right to pursue claims before a court, and to pursue claims under warranty for defects in particular; irrespective of the right to pursue claims before a court, the Consumer also has the right to lodge a complaint to a poviat (city) consumer advocate who provides free counselling in the scope of consumer rights and information about legal protection of consumers’ interests. Consumer advocates can contact entrepreneurs in matters related to the protection of consumers’ rights and interests
- to the e-mail address at: email@example.com,
- by letter sent to Edica’s registered office as indicated in paragraph 1.
VIII [Miscellaneous provisions]
Edica’s liability for its failure to perform or improper performance of the contract is limited to the value of ordered Products. Edica will not be held liable for any lost profits, which may result from its failure to perform or improper performance of any contract; the provisions of this paragraph neither apply to Consumers nor to contracts concluded with Consumers and do not deprive Consumers of any of their rights.
Subject to sentence 2 and 3 below, legal regulations binding in the Republic of Poland govern contracts, to which these GTC apply. The choice of law made in sentence 1 above does not and cannot result in depriving the Consumer of protection afforded to him/her in accordance with regulations, which cannot be derogated under contract or law, and which in accordance with Article 6 paragraph 1 of the Regulation of the European Parliament and of the Council (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I) would be applicable in the absence of choice. The United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods (The Vienna Convention) does not apply.
Any disputes arising from contracts, to which these GTC apply will be settled by a court with local jurisdiction for the registered office of Edica. The registered office of Edica will be the place of performance of the obligation within the meaning of Article 7 clause 1 of the Regulation of the European Parliament and of the Council (EU) No. 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters and Article 5 clause 1 of the Lugano Convention on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters of 30 October 2007; The provisions of this paragraph do not apply to Consumers and contracts concluded with Consumers and do not deprive Consumers of any rights.
The provisions of these GTC, which differ from binding legal regulations applying to Consumers do not apply to contracts concluded with Consumers. If a Consumer is a Party to a contract, to which these GTC apply, the Consumer will not be bound by individual provisions of these GTC, which result in his or her rights and obligations being at variance with good practices or infringing on his or her interests.
Delay on the part of Edica cannot be interpreted as a declaration that Edica will not fulfil its obligations.
Working days will be all days except Saturdays, Sundays, holidays and public holidays in the Republic of Poland.
The Buyer who is not a Consumer hereby agrees to:
The following form annexes to these GTC:
- Edica’s sending to the Buyer commercial information (information to promote goods, services or image of Edica by means of electronic communication, in particular via electronic mail);
- the use of telecommunications terminal equipment and automated calling systems for the purposes of Edica’s direct marketing.
- information concerning the exercise of the Consumer’s right to withdraw from the contract - Annex no. 1,
- Declaration of Consumer’s withdrawal from the contract - Annex no. 2.
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