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Terms for the sale of press subscriptions via the Online Store of Poczta Polska S.A.



Chapter I
General provisions


§ 1.
1. The terms for the sale of press subscriptions via the Online Store of Poczta Polska S.A., hereinafter referred to as the “Terms”, define the terms for the sale of press subscriptions
via the website of the online store operating at: www.sklep.poczta-polska.pl by Poczta Polska S.A. with its registered office in Warsaw at ul. Rodziny Hiszpańskich 8, 00-940 Warszawa, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, 13th Commercial Division, under KRS number: 0000334972, REGON: 010684960, share capital: PLN 964,140,000.00, paid in full, NIP (Taxpayer’s Identification Number): 525-000-73-13.   
2. The contract for the sale of a press subscription is entered into when Poczta Polska S.A. accepts the order for the subscription placed by the subscriber and when the subscriber makes the advance payment. Poczta Polska S.A. delivers to the subscriber or another person indicated by the subscriber the subscribed copies of the press titles according to the way specified in § 10 and indicated by the subscriber in the order.
3. The specific rules for entering into subscription contracts by subscribers who are also consumers and who enter into contracts via the Online Store of Poczta Polska S.A. are regulated in Chapter II.
4. A consumer is a person referred to in Article 221 of the Civil Code, i.e., a natural person performing a legal action with the trader that is not directly related to his or her business or professional activity.
5. Matters not regulated in the Terms and Conditions of the Online Store of Poczta Polska S.A. and in these Terms are governed by the generally applicable law, including, in particular, the Civil Code and the Consumer Rights Act of 30 May 2014.
6. Contact with Poczta Polska S.A. for purposes connected with the subscription is possible:
1)     by email to: sklep@poczta-polska.pl;
2)     by mail to: Poczta Polska S.A., ul. Rodziny Hiszpańskich 8, 00-940 Warszawa;
3)     by phone to:
a)    801 333 444 – for callers using landline phones (charge as for local calls, according to local rates),
b)    (+48) 43 842 06 00 – for callers using mobile phones and persons calling from abroad
(calls will be charged at local rates).

§ 2.
1. The sale of press subscriptions via the Online Store of Poczta Polska S.A. is carried out all over Poland (central subscription) and in limited areas (local subscription), according to contracts with the publishers entered into by Poczta Polska S.A.
2. Information concerning the sale of press subscriptions by Poczta Polska S.A. via the Online Store of Poczta Polska S.A. regarding the press titles available in the particular period and the terms for the sale of subscriptions is published on the website of the Online Store. This information is not an offer within the meaning of the Civil Code, and it is not a request for offers or orders or a request to enter into negotiations.
3. Poczta Polska S.A. is obliged to deliver press titles without defects and damage.

§ 3.
1. The Controller of personal data will be Poczta Polska S.A. with its registered office in Warsaw, ul. Rodziny Hiszpańskich 8, 00-940 Warszawa.
2. Contact details of the data protection officer: Data protection officer:
Poczta Polska S.A., ul. Rodziny Hiszpańskich 8, 00-940 Warszawa, email address:
inspektorodo@poczta-polska.pl.
3. The personal data will be kept for the period required by the regulations on accounting and tax regulations.
4. Data subjects have the right to lodge a complaint with the supervisory authority, i.e., the President of the Personal Data Protection Office.
5. Specific information about personal data protection not included in the Terms and Conditions of the Online Store of Poczta Polska S.A. and arising from the GDPR can be found on the website of Poczta Polska S.A.: www.poczta-polska.pl.

§ 4.
1. The press subscription covers full calendar periods in the particular year: quarter, half-year, three quarters and one year, subject to paragraph 2.
2. Periods other than those listed in paragraph 1 are permitted for orders and advance payments in local subscription, e.g., one month, two months.
3. The subscription begins with the first issue concerning the particular period, according to the issue date, and it includes all the issues of the subscribed press title, according to the advance payment for the selected periods as referred to in paragraphs 1 and 2.
4. The subscription period according to paragraphs 1–3 above is defined in each case in the order.

§ 5.
1. Orders for press subscriptions are accepted by electronic means via the website of the Online Store of Poczta Polska S.A.
2. For an order to be accepted by electronic means, the subscriber will have to confirm, by checking the relevant option when placing the order via the Online Store of Poczta Polska S.A., that they have been provided with access to the Terms and Conditions of the Online Store and that they accept the content of the Terms and Conditions. The subscriber may read the Terms and Conditions of the Online Store and these Terms before placing an order.
3. The subscription contract is executed as of the time the order is accepted if the subscriber makes the advance payment within 2 days of the receipt of the order.

§ 6.
1. Orders and advance payments for central subscriptions placed via the Online Store of Poczta Polska S.A. are accepted by:
1)         25 November – for subscriptions starting from 1 January of the following year;
2)         25 February – for subscriptions starting from 1 April of the current year;
3)         25 May – for subscriptions starting from 1 July of the current year;
4)         25 August – for subscriptions starting from 1 October of the current year.   
2. Orders and advance payments for local subscriptions, placed via the Online Store, will be accepted by the 15th day of the month for subscriptions starting on the 1st day of the following month.

§ 7.
1. Orders and advance payments for subscriptions are accepted according to the applicable price lists, available on the website of the Online Store of Poczta Polska S.A. for the subscriber in the periods in which the orders are taken.
2. The price of the subscription indicated in the order is the total cost for the subscriber connected with the contract. The subscriber does not bear any additional costs, including, in particular, the costs of delivery and handling.
3. Changes in prices of the subscribed press titles introduced by the publishers do not apply to subscribers whose prepaid subscription is being processed. The subscribers do not make any additional payments on this account.

§ 8.
1. Prepayments for press subscriptions are accepted in cashless form (electronic payment instruments accepted by Poczta Polska S.A.).
2. If a payment is made for orders placed by electronic means using the website of the Online Store of Poczta Polska S.A. in cashless form (excluding a transfer to the account) and online transfer, the fee is collected directly at the time the order is placed.
3. Subscribers who place orders via the website of the Online Store make the prepayment by a bank transfer for the press subscription to the bank account of Poczta Polska S.A. indicated on the website within two business days of the placement of the order, subject to paragraph 4.
4. An order paid for in cashless form, excluding the cases defined in paragraph 2, will only be processed if the cash is credited to the bank account of Poczta Polska S.A. indicated in paragraph 3 within the periods specified in § 6.

§ 9.
Subscribers who enter into the subscription contract receive:
1)    a confirmation of the order for the subscription – for prepayments made by an online transfer or another electronic payment instrument accepted by Poczta Polska S.A.;
2)    an invoice – for prepayments received from subscribers who carry on business, i.e., payers of VAT, the value added tax or another similar tax, legal persons other than VAT payers and other subscribers who request an invoice.

§ 10.
The subscribed press titles are delivered by Poczta Polska S.A. to the place in the territory of the Republic of Poland indicated by the subscriber in the order, including P.O. boxes, without charging any additional fees on this account.

§ 11.
If the shape or dimensions of the press title:
1)     prevent it from being placed in the mailbox;
2)     may cause it to be damaged when placed in the mailbox
 – Poczta Polska S.A. leaves a notice of the attempted delivery in the mailbox of the addressee indicating the time limit for collection (up to 14 days) and the address of the post office where the press title is kept and can be picked up by the subscriber or a person designated by the subscriber according to § 1(2).

§ 12.
Poczta Polska S.A. delivers press titles within the following periods:
1)     for daily papers whose issue date does not fall on a Saturday or a statutory holiday – within a period consistent with the publication date;
2)     for daily papers whose issue date falls on a Saturday or a statutory holiday – not later than on the first business day following the statutory holiday;
3)     for magazines – within 4 business days of the receipt of the publications from the publisher.

§ 13.
1. Poczta Polska S.A. is liable for the non-performance or improper performance of the sale of press subscriptions if the non-performance or improper performance of the sale was attributable to a fault of Poczta Polska S.A.
2. The sale of a press subscription will be deemed to not have been performed if the subscribed press titles are not delivered within the periods specified in § 12.
3. The sale of a press subscription will be deemed to be performed unduly if the subscribed press titles are delivered damaged or incomplete.

§ 14.
1. If the sale of the press subscription is not performed as described in § 13(2), the subscriber will have the right to a refund of the amount paid, and a subscriber who is a consumer will also have the right to pursue a claim for the amount of the actual loss, according to the procedure defined in § 15(7). If the sale was not performed in part, the right to the refund of the payment and redress of the damage concerns the relevant part.
2. If the sale of the press subscription is performed unduly as described in § 13(3), the subscriber has the right to a refund of a part of the amount paid, proportionately to the extent of the unduly performed sale, and a subscriber who is a consumer also has the right to pursue a claim for the amount of the actual loss, according to the procedure defined in § 15(7).
3. If the order cannot be fulfilled in whole or in part for default of the press supplier, including, in particular, if the particular press title is discontinued by the publisher or is published at longer intervals, the subscriber will be entitled to a refund of the whole of the unused prepayment or its proportionate part.
4. The subscriber cannot cancel the subscription of the press during the subscription period, excluding the situation where the subscriber withdraws from a contract entered into via the website according to Chapter II.
5. The amount will be refunded in cashless form to the bank account number indicated by the subscriber.

§ 15.
1. Claims relating to the non-performance or improper performance of the sale of the press subscription via the Online Store of Poczta Polska S.A. may be sent by the subscriber by email using the email address indicated at the time of order placement.
2. If the claim is admitted, the subscriber will be entitled to a refund of the equivalent of the press titles that have been delivered damaged or incomplete (according to the prices effective at the time of the prepayment for the particular press title) or the delivery of the missing issues, if they are available and if the claimant consents to such a resolution of the claim.
3. The manager of the post office local to the subscription delivery location is obliged to reply to the claim within 14 days of the time it is submitted. The reply is given in writing.
4. The subscriber may appeal against the reply to the claim submitted by the manager of the post office referred to in paragraph 3 to the Head of the relevant unit of the Head Office of Poczta Polska S.A. indicated in the reply to the claim that is competent for claims relating to subscriptions, using the address defined in § 1(6)(2), in writing, within 14 days of the date of delivery of the reply to the claim.
5. The Head of the relevant body referred to in paragraph 4 replies to the appeal within 14 days of its receipt. The reply to the claim concludes the claim procedure.
6. If the claim is dismissed, a customer who is a consumer may:
1)         file a civil suit in court;
2)         seek claims through out-of-court proceedings for the resolution of consumer disputes before the competent local provincial trade inspector;
3)         pursue claims before the permanent arbitration court operating at the competent provincial trade inspectorate.
7. The use of a specific method of out-of-court dispute resolution can take place only upon mutual consent of the consumer and Poczta Polska S.A. The specific procedures for out-of-court resolution of such disputes are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl and on the websites of the Provincial Trade Inspectorates, and they can also be obtained from county (municipal) consumer advocates.
8. If a claim submitted by a subscriber who is a consumer is rejected in whole or in part, Poczta Polska S.A. will – in reply to the claim or the appeal – notify the subscriber about its consent or refusal to participate in out-of-court consumer dispute resolution proceedings.
9. The refund referred to in paragraph 2 is paid according to the written instruction of the claimant, within 30 days of the date on which the claim is admitted.

§ 16.
1. Poczta Polska S.A. is not liable for failing to deliver the press titles in the following situations:
1)         the subscriber specifies an incorrect address for the delivery of the press in the subscription order;
2)         the subscriber does not notify the post office local to the place of delivery of a change of address or the new place to which the subscribed press is to be delivered;
3)         the mailbox is not correctly protected;
4)         force majeure events;
5)         actions of public authorities.


Chapter II
Specific provisions concerning contracts signed by a subscriber who is a consumer via the Online Store of Poczta Polska S.A.

§ 17.
The provisions of Chapter II apply to subscription contracts entered into by subscribers who are also consumers via the Online Store of Poczta Polska S.A. The general provisions apply unless the provisions of Chapter II indicate otherwise.

§ 18.
1. When placing an order via the Online Store of Poczta Polska S.A., the subscriber makes the choice by selecting the relevant options using the “add to basket” function. Then, in the order window, the subscriber reads the content of the order to be prepared and the required consent to personal data processing as well as the content of the Terms and Conditions of the Online Store of Poczta Polska S.A. The subscriber must accept the content to place the order.
2. The order is placed using the “order & pay” function. The order is accepted directly after it is placed, which is confirmed with relevant information on the website of the Online Store.
3. After the order is placed, Poczta Polska S.A. sends an email message to the subscriber with an acknowledgement of the order.

§ 19.
1. The subscriber referred to in § 17 may withdraw from the subscription contract within 14 days of the delivery of the first press title under the particular contract.
2. The subscriber must submit the withdrawal notice in writing, using the address specified in § 1(6)(2). The time limit referred to in paragraph 1 will not be deemed to be exceeded if the notice is sent before its expiry.
3. To withdraw from the contract, the subscriber may use the form of the notice enclosed as Appendix No. 2 to the Terms and Conditions of the Online Store of Poczta Polska S.A.

§ 20.
1. Poczta Polska S.A. will promptly acknowledge to the subscriber in writing (including by email) that it has received the contract withdrawal notice.
2. Within 14 days of the withdrawal from the contract, the subscriber has to return to Poczta Polska S.A. all the press titles received under the contract that has been withdrawn from to the address indicated in § 1(6)(2). To comply with this period, it will be sufficient to send the press titles before it expires. The cost of the return is borne by the subscriber.
3. Poczta Polska S.A. promptly, within 14 days of the receipt of the contract withdrawal notice from the subscriber, refunds to the subscriber the amount of the prepayment using the same payment method as that used by the subscriber unless the subscriber has expressly agreed to another refund method that does not involve any additional costs to the subscriber, subject to paragraphs 4 and 5.
4. Poczta Polska S.A. will not refund the prepayment until it receives all the press titles referred to in paragraph 2 from the subscriber or until the subscriber provides proof indicating that they have been sent back, whichever is sooner.
5. The subscriber is liable for the reduction of the value of the press titles caused by the use of the items exceeding the use necessary to establish the type, characteristics and properties of the press titles.

§ 21.
For the amicable settlement of consumer disputes, if the contract was entered into by electronic means using the Online Store of Poczta Polska S.A., the subscriber may use the EU ODR platform available at: http://ec.europa.eu/consumers/odr/. Amicable settlement of the dispute using this online platform can only be done in accordance with the principles specified at the indicated address and upon mutual consent of Poczta Polska S.A. and the subscriber.