Terms for the sale of press subscriptions via the Online Store of Poczta Polska S.A.
Chapter I
General provisions
§ 1.
1. These Rules for the sale of press subscriptions via the Online Store of Poczta Polska S.A., hereinafter referred to as the “Rules”, define the principles of selling press subscriptions through the online store operated by Poczta Polska S.A., with its registered office at ul. Rodziny Hiszpańskich 8, 00 940 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under KRS No. 0000334972, REGON 010684960, share capital of PLN 964,140,000.00 (fully paid), NIP 525 000 73 13.
2. The subscription sales contract is concluded upon the subscriber’s advance payment for the placed order or, if a pro forma invoice is issued at the subscriber’s request, upon payment made within 2 business days from order acceptance. Poczta Polska S.A. delivers the subscribed press issues to the subscriber or a designated person at the delivery address indicated in the order, under § 10.
3. Special provisions for concluding subscription contracts by consumers via the Online Store are set out in Chapter II.
4. A consumer is understood as a natural person referred to in Article 22¹ of the Civil Code.
5. Matters not covered by these Rules are governed by generally applicable law, in particular the Civil Code and the Consumer Rights Act of 30 May 2014.
6. For matters related to subscription services, contact with Poczta Polska S.A. is possible via:
1. e mail: sklep@poczta-polska.pl;
2. postal address: Poczta Polska S.A., ul. Rodziny Hiszpańskich 8, 00 940 Warszawa;
3. telephone numbers:
a) 801 333 444 (landlines, charged as local call),
b) (+48) 43 842 06 00 (mobile & international, per operator’s tariff).
§ 2.
1. The sale of press subscriptions via the Online Store of Poczta Polska S.A. is carried out nationwide (central subscription) as well as in selected regions (local subscription), based on agreements with publishers concluded by Poczta Polska S.A.
2. Information regarding press subscription sales conducted by Poczta Polska S.A. via the Online Store — including the catalogue of available press titles for a given period and the rules of subscription — is published on the Online Store website. This information does not constitute an offer within the meaning of the Civil Code, nor an invitation to submit offers or orders, nor an invitation to enter into negotiations.
3. Poczta Polska S.A. is obliged to deliver press issues free from defects and damage.
§ 3.
1. The rules for the processing of personal data of consumers and ordering parties who are not consumers of the Online Store are defined in the Privacy and Cookies Policy available on the Online Store website: https://sklep.poczta-polska.pl/Regulaminy/Polityka-prywatnosci-i-cookies/.
2. The Privacy and Cookies Policy contains, in particular, information required under the GDPR Regulation and the Electronic Communications Law, including details regarding:
– the personal data controller,
– the contact details of the Data Protection Officer,
– categories of processed data,
– purposes and legal bases for processing,
– data recipients,
– data retention periods,
– and the rights of data subjects.
§ 4.
1. Press subscription covers full calendar periods in a given year: a quarter, half year, three quarters, or a full year, subject to section 2.
2. In local subscriptions, periods other than those listed in section 1 may be accepted for orders and advance payments — for example one month or two months.
3. The subscription starts with the first issue corresponding to the selected period in accordance with the publication date and includes all issues of the subscribed press title covered by the advance payment for the selected period(s) referred to in sections 1 and 2.
4. The subscription period, in accordance with the principles set out in sections 1–3 above, is indicated each time by the subscriber in the order.
§ 5.
1. Orders for press subscriptions are accepted electronically via the Online Store of Poczta Polska S.A.
2. The condition for accepting an electronic order is the subscriber’s confirmation, by selecting the appropriate option during the ordering process on the Online Store website, that the Online Store Terms and Conditions have been made available to them and that they accept its content. The subscriber has the right to review the Terms and Conditions of the Online Store as well as these Rules before placing the order.
3. The subscription contract is concluded at the moment the subscriber makes the advance payment for the placed order or—if a pro forma invoice has been issued at the subscriber’s request—at the moment the subscriber makes the advance payment within two business days from the date of order acceptance.
§ 6.
1. Orders and advance payments for central subscriptions placed via the Online Store of Poczta Polska S.A. are accepted until the following dates:
1) 25 November – for subscriptions starting on 1 January of the following year;
2) 25 February – for subscriptions starting on 1 April of the given year;
3) 25 May – for subscriptions starting on 1 July of the given year;
4) 25 August – for subscriptions starting on 1 October of the given year.
2. Local subscriptions:
Orders and advance payments for local subscriptions placed via the Online Store are accepted until the 15th day of the month for subscriptions starting on the 1st day of the following month.
§ 7.
1. Subscription orders and advance payments are accepted in accordance with the applicable price lists available on the website of the Online Store of Poczta Polska S.A., for the subscriber, during the order acceptance periods.
2. The subscription price indicated in the order constitutes the total cost borne by the subscriber in connection with the contract. The subscriber does not incur any additional costs, in particular for delivery or handling.
3. Changes in the subscription prices introduced by publishers do not apply to subscribers whose already paid subscription is in progress. Subscribers do not pay any additional charges resulting from such changes.
§ 8.
1. Advance payments for press subscriptions are accepted in a cashless form online through the payment gateway available in the Online Store.
2. For electronic orders placed via the Online Store, cashless payments (excluding direct bank transfers) and online transfers are charged directly at the moment the order is placed.
3. Subscribers placing orders via the Online Store must make advance payment for the press subscription by bank transfer directly to the bank account of Poczta Polska S.A. indicated on the Online Store website within two business days from the date of placing the order, subject to section 4.
4. For orders paid in a cashless form, except for cases specified in section 2, the condition for fulfilling the order is the receipt of funds into the bank account of Poczta Polska S.A. referred to in section 3, within the deadlines specified in § 6.
§ 9.
Subscribers entering into a subscription contract receive:
1) order confirmation — applicable to advance payments made via online transfer or other electronic payment instruments accepted by Poczta Polska S.A.;
2) invoice — applicable to advance payments from subscribers who are entrepreneurs (VAT taxpayers, VAT equivalent taxpayers, or legal persons not being VAT taxpayers), and other subscribers requesting an invoice. Invoices are issued as structured e invoices via the National e Invoicing System (KSeF), in accordance with applicable tax regulations.
§ 10.
Poczta Polska S.A. delivers the subscribed press issues to the address indicated by the subscriber within the territory of the Republic of Poland, including PO boxes, without charging any additional fees.
§ 11.
If the shape or dimensions of a press issue:
1. make it impossible to place it into the letterbox;
2. may cause its damage while placing it in the letterbox —
Poczta Polska S.A. leaves in the addressee’s mailbox a delivery attempt notice (awizo), together with information about the pickup deadline (maximum 14 days) and the address of the postal facility where the issue is stored and may be collected by the subscriber or a person designated by them, in accordance with § 1 section 2.
§ 12.
Poczta Polska S.A. delivers press issues according to the following deadlines:
1. for daily newspapers whose publication date does not fall on a Saturday or public holiday — on the publication date;
2. for daily newspapers whose publication date falls on a Saturday or public holiday — no later than on the first business day following the public holiday;
3. for magazines — within 4 business days from the date of receipt of the print run from the publisher.
§ 13.
1. Poczta Polska S.A. is liable for non‑performance or improper performance of the sale of press in subscription, if the non‑performance or improper performance resulted from the fault of Poczta Polska S.A.
2. The sale of press in subscription is considered not performed if the subscribed issues are not delivered within the deadlines specified in § 12.
3. The sale of press in subscription is considered improperly performed if the delivered subscribed issues are damaged or incomplete.
§ 14.
1. Complaints regarding non performance or improper performance of subscription sales via the Online Store may be submitted by e mail from the address used when placing the order.
2. If the complaint is justified, the subscriber is entitled to:
— a refund of the value of undelivered, damaged or incomplete issues (based on the subscription price), or
— delivery of the missing issues, if available and if the subscriber agrees.
3. The manager of the postal facility responsible for the delivery location must reply to the complaint in writing within 14 days.
4. The subscriber may appeal the manager’s decision to the Director of the Poczta Polska organisational unit indicated in the reply. The appeal must be submitted in writing within 14 days of receiving the response.
5. The Director issues a written response to the appeal within 14 days; this response concludes the complaint procedure.
6. Refunds referred to in section 2 are paid according to the subscriber’s written instruction within no more than 30 days from complaint acceptance.
§ 15.
Poczta Polska S.A. shall not be liable for the failure to deliver subscribed press issues in the following cases:
1. if the subscriber provided an incorrect delivery address in the subscription order;
2. if the subscriber failed to notify the postal facility responsible for delivering the press issues about a change of address or a new location where the subscribed press should be delivered;
3. if the mailbox is improperly secured;
4. due to force majeure;
5. due to actions of a public authority.
Chapter II
Specific provisions concerning contracts signed by a subscriber who is a consumer via the Online Store of Poczta Polska S.A.
§ 16.
The provisions of Chapter II apply to subscription contracts concluded by subscribers who are consumers via the Online Store of Poczta Polska S.A. The General Provisions apply unless the provisions of Chapter II state otherwise.
§ 17.
1) When placing an order via the Online Store, the subscriber selects the press subscription by choosing the relevant options using the “Add to cart” functionality. Next, in the order window, the subscriber reviews the order details, the required consent for personal data processing, and the content of the Online Store Terms and Conditions. Acceptance of these documents is necessary to place the order.
2) The order is placed by selecting the “Order and pay” function. Immediately after the order is placed, it is accepted, which is confirmed by appropriate information displayed on the Online Store website.
3) After the order is placed, Poczta Polska S.A. sends the subscriber an e mail containing confirmation of order acceptance.
§ 18.
1. The subscriber may withdraw from the subscription contract within 14 days from the date on which the first press issue under that contract is delivered.
2. The withdrawal declaration must be submitted in writing to the address specified in § 1 section 6 point 2. Sending the declaration before the deadline is sufficient to meet the deadline.
3. To withdraw from the contract, the subscriber may use the template withdrawal form constituting Annex No. 2 to the Terms and Conditions of the Online Store of Poczta Polska S.A.
§ 19.
1. Poczta Polska S.A. immediately confirms to the subscriber in writing (including electronically) the receipt of the withdrawal declaration.
2. Within 14 days from the date of withdrawal, the subscriber is obliged to return to Poczta Polska S.A. all press issues delivered under the subscription contract from which they have withdrawn, to the address specified in § 1 section 6 point 2. Sending the issues before the deadline is sufficient. The subscriber bears the return costs.
3. Immediately, but no later than 14 days from receiving the subscriber’s withdrawal declaration, Poczta Polska S.A. refunds the prepaid amount, subject to sections 4 and 5, using the same payment method used by the subscriber unless the subscriber explicitly agrees to another refund method that does not incur additional costs.
4. Poczta Polska S.A. may withhold the refund until receiving all press issues referred to in section 2 or until the subscriber provides proof of their dispatch, whichever occurs first.
5. The subscriber is liable for any reduction in the value of the returned press issues resulting from their use beyond what is necessary to determine their nature, characteristics, and functioning.
6. If the complaint is rejected, the consumer may pursue:
– civil court proceedings;
– alternative dispute resolution before the competent Provincial Trade Inspector;
– proceedings before a permanent arbitration court operating at the Provincial Trade Inspectorate.
7. The use of alternative dispute resolution is possible only with the mutual consent of the consumer and Poczta Polska S.A. Detailed procedures are available on the website of the Office of Competition and Consumer Protection (UOKiK) and on the websites of Provincial Trade Inspectorates and municipal/ county consumer ombudsmen.
8. In the event of full or partial refusal to accept the consumer's complaint, Poczta Polska S.A. informs the complainant — both in the reply to the complaint and the reply to the appeal — whether it agrees to participate in the alternative dispute resolution procedure.
§ 20.
1. In the case of non performance of the subscription sales referred to in § 13 section 2, the subscriber is entitled to a refund of the prepaid amount, and a consumer subscriber may also claim compensation up to the amount of actual damage suffered, according to the procedure under § 19 section 7. If the sale was not performed only in part, the right to refund and compensation applies proportionally to that part.
2. In the case of improper performance of the subscription sales referred to in § 13 section 3, the subscriber is entitled to a partial refund proportionate to the improperly performed portion, and a consumer subscriber may additionally claim compensation up to the actual damage suffered, according to the procedure under § 19 section 7.
3. If full or partial fulfillment of the order becomes impossible due to reasons attributable to the press supplier, in particular due to discontinuation of a given press title or decrease in publication frequency, the subscriber is entitled to a refund of the entire or proportional unused prepaid amount.
4. The subscriber may not cancel the subscription during the subscription period, except in cases of withdrawing from the contract concluded via the website under Chapter II.
5. Refunds are made in a cashless form to the bank account indicated by the subscriber.