Terms and Conditions of the Online Store of Poczta Polska S.A.
Chapter I
General provisions
2. The terms used in these Terms and Conditions have the following meaning:
1) delivery – the process consisting of the preparation, picking and delivery (issue) of the goods to the customer;
2) consumer – the person referred to in Article 221 of the Polish Civil Code, i.e., a natural person performing a legal action with the trader that is not directly connected with his or her business or professional activity;
3) postal code – Postal Address Number (PNA), consisting of five digits, separated with a hyphen after the first two digits (e.g., 00-940), constituting an integral part of the address of the sender and addressee of the package; the collection of postal codes is published in the “Official List of Postal Address Numbers”, available at every post office and on the website atwww.poczta-polska.pl;
4) subscription (press subscription) – acceptance of an order submitted and paid for by the subscriber via the website of the Online Store and delivery to the subscriber or another person indicated by the subscriber of the subscribed press titles, to the location in the Republic of Poland defined in the order;
5) subscriber – a natural person, legal person or unincorporated entity with a legal capacity who has ordered the subscription via the website of the Online Store and paid for it in advance;
6) product – the goods (item, service) offered for sale at the Online Store according to the Terms and Conditions;
7) Online Store of Poczta Polska S.A. (Online Store) – the website at www.sklep.poczta-polska.pl via which the seller presents offers for goods and services and enters into contracts;
8) seller – Poczta Polska Spółka Akcyjna with its registered office in Warsaw, 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 in Warsaw, 13th Commercial Division of the National Court Register, under KRS (National Court Register Number): 0000334972, NIP (Tax Identification Number): 525-000-73-13, REGON (National Official Business Register Number): 010684960, share capital: PLN 964,140,000.00 – fully paid up, http://bip.poczta-polska.pl;
9) contract – contract for the sale of the goods or provision of services, entered into remotely via the Online Store between the seller and the customer;
10) gross order price – the sum of the total gross price of the products covered by a single order and the costs of delivery;
11) customer – a natural person, legal person or unincorporated entity having legal capacity granted by specific regulations who has entered or intends to enter into a contract via the Online Store;
12) order – a declaration of the will to enter into a contract via the Online Store;
13) registered user – a customer who uses the Online Store after logging in.
2. Current contact details of the seller are available on the website of the Online Store.
3. Provisions of the Terms and Conditions concerning the consumer’s right to withdraw from the contracts and the liability of the seller towards the consumer apply to natural persons who have signed a contract not directly connected with their business activity if the contents of the contract indicate that the contract is not connected with the person’s professional activity as indicated, in particular, by the subject of the person’s business activity communicated pursuant to the provisions on the Central Register and Information on Economic Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej).
1) ICT equipment with Internet access;
2) correctly configured web browser in the latest version;
3) active email account;
4) software to correctly read PDF files.
2. Only persons with full legal capacity can use the Online Store as customers or persons acting on their behalf.
2. Creating the account:
1) is fully voluntary and is not required to enter into a contract via the Online Store;
2) is regarded as an action preceding the execution of the contract upon the request of the data subject.
3. The condition required to execute the contract is to place an order and provide all the data listed in § 6(5)(4) of the Terms and Conditions.
4. Account creation is a free, one-off action. When creating the account, the customer must specify the following information:
1) login – the email address to which the information about order fulfilment will be sent;
2) first name and last name (natural person) or business name (other cases);
3) residence address (natural person) or registered address (other cases): street, house number, unit number, Postal Address Number, town and country;
4) Tax Identification Number or number assigned due to registration as a VAT taxpayer in an EU state (EU VAT) or another similar tax in a third country (mandatory for all customers other than consumers);
5) phone number;
6) password to the Online Store.
5. Customers have to enter their login and password to log in to their account at the Online Store. The password can be defined by the customer, and it must consist of a string of at least 8 selected characters, including uppercase and lowercase letters, digits and special characters. The password can be changed at any time. For security reasons, it is recommended to change the password at least once a month.
6. After registration, every customer who has created an account with the Online Store receives a confirmation of registration by email.
7. A customer with an account with the Online Store can delete it by filling out the account removal form included in Appendix No. 1 to the Terms and Conditions and sending it to the Online Store.
2. Contact details of the data protection officer: Inspektor ochrony danych Poczta Polska S.A., ul. Rodziny Hiszpańskich 8, 00-940 Warszawa, email address: inspektorodo@poczta-polska.pl.
3. The personal data as referred to in paragraph 1 are processed pursuant to Articles 6(1)(b) and (c) 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) – hereinafter referred to as: “GDPR” – to perform the services referred to in the Terms and Conditions, conduct complaint procedures and fill out the obligations arising from the tax law and accounting law as well as – if the customer consents by checking the relevant option at the Online Store based on Article 6(1)(a) of the GDPR – the personal data may be processed for the following purposes:
1) sending commercial information concerning the products and services of Poczta Polska S.A. in the form of a newsletter of the Online Store (according to the terms and conditions of the Newsletter service available on the website of the Online Store in the Newsletter section);
2) replying to the questions submitted in the contact form;
3) conducting market research concerning customer preferences and behaviours in order to use the results of such research in the business operations of Poczta Polska S.A., during the activities carried out as part of the operation of the Online Store;
4) conducting market research concerning customer preferences and behaviours in order to use the results of such research in the business operations of Poczta Polska S.A., after the activities carried out as part of the operation of the Online Store.
4. Providing the data is optional, but it is required to perform the services specified in the Terms and Conditions. Providing the personal data is optional in case of the consents referred to in paragraph 3.
5. Data subjects have the right to access the contents of their data, rectify or erase them or request that their processing be stopped as well as the right to data portability and the right to withdraw their consent at any time without affecting the lawfulness of processing done based on their consent before it was withdrawn.
6. Data subjects have the right to lodge a complaint with the supervisory authority, i.e., the President of the Personal Data Protection Office.
7. Personal data will be kept:
1) for 5 years in connection with the creation of the account at https://sklep.poczta-polska.pl, running from the creation of the account, if the registered user does not perform any activities in the account;
2) for 5 years from the beginning of the year following the fiscal year in which the operations, transactions or procedures have been conclusively ended, paid, accounted for or expired in relation to the provision of the services referred to in the Terms and Conditions;
3) until the consent to processing for the purposes specified in paragraph 3(1), (3) and (4) is withdrawn;
4) until the consent is withdrawn or for two months from the reply to the request if the customer gives the consent for the purpose specified in paragraph 3(2) using the contact form.
8. The consent for purposes defined in paragraph 3 can be withdrawn by submitting a suitable email request to sklep@poczta-polska.pl. The information must include personal data identical to the data specified at the time the consent was given, i.e., the first name and last name, email address and the specification of the consent to be withdrawn (if the specific consent is not indicated, consents will be withdrawn for all purposes).
9. Specific information about personal data protection not included in the Terms and Conditions and arising from the GDPR can be found on the website of Poczta Polska S.A.: www.poczta-polska.pl.
Chapter II
Product sale
2. Orders at the Online Store can be placed 24/7, excluding the technical downtime communicated in an announcement on the website of the Online Store.
3. Prices of products offered at the Online Store are given in PLN, and they include VAT. The price specified next to each product is binding as of the time the order is placed by the customer.
4. Orders placed on business days after 5:00 PM (Polish time) and on Saturdays, Sundays and statutory holidays will be treated as if they were placed on the following business day.
5. The order is placed as follows:
1) customers select the products they wish to buy using the “Add to basket” function available next to the image of the product;
2) when selecting the products, customers can review their order, including the order price plus VAT, at all times by using the “Your basket” function;
3) after selecting the products, the customer performs the final verification and approves the list of products in the “Your basket” window using the “Order” function;
4) the customer selects the method of delivery and payment method and enters (or edits) the address data required to perform the order:
a) first name and last name or business name,
b) delivery address,
c) contact email address,
d) contact phone number;
5) the “Your basket” window includes a summary of all the products the customer intends to buy in connection with the order, including their individual gross prices and costs of delivery as well as the gross price of the entire order indicated in the “Total” section;
6) before placing the order, customers:
a) declare that they have read the Terms and Conditions of the Online Store in their current version, published on the Online Store in the “Terms and Conditions” section, and accept the Terms and Conditions,
b) if they are natural persons – declare that they enter into the contract for purposes not directly connected with their economic or professional activity, by checking the appropriate options at the Online Store.
7. The Order is placed by using the “Order & Pay” function – using this function is equivalent to entering into the contract.
1) (+48) 43 842 06 01 (for mobile phones and domestic or international landline phones – calls will be charged at local rates); or
2) sklep@poczta-polska.pl.
2. Contact regarding the MójZNACZEK service: personalizacja@poczta-polska.pl.
2. The customer can make the payment in advance:
1) online via the payment gateway available at the Online Store;
2) by payment card via the payment gateway available at the Online Store; accepted payment cards: Visa, Visa Electron, MasterCard, Maestro, MasterCard Electronic.
3. The available payment methods and terms for the fulfilment of the order can be found in the Online Store in the “Shipping and payment” section.
4. To record the delivery of the products or the receipt of a payment “in advance”, the seller issues an invoice or fiscal receipt to the customer. The seller accepts payments made in Polish zlotys (PLN). For international sales, the invoices are issued in English. The invoice is delivered to the customer by email. If the customer is a consumer, the seller delivers the confirmation of the terms of the contract in a separate document: “Consumer Information”. The document contains information that has to be provided according to the law, including the contract withdrawal form.
2. Promptly after the products are prepared to be delivered, the seller submits information about order details to the customer by email.
3. The ordered products are issued against receipt.
4. If the attempt to deliver the ordered product is unsuccessful, the ordered products will be left for collection by the customer or a person authorised in writing by the customer at the post office of the seller for 7 days from the date of the notice submitted to the customer by email. Additionally, the seller will make efforts to place the notice in the mailbox or in the door or gate of the estate to which the ordered products were to be delivered.
5. If the ordered products are not collected within the designated period or if the recipient refuses to collect the ordered products, they are returned to the seller’s warehouse, and the customer receives a refund of the costs of the products that have not been collected.
6. Order delivery terms are published in the Online Store in the “Shipping and payment” section.
2. The seller is responsible for the delivery of products that are inconsistent with the order or deficient.
3. The seller is not responsible for damage caused by the lack of continuous access to the website of the Online Store due to force majeure events or actions of the telecom operator.
4. The seller is not responsible if the registered user loses data or suffers damage due to the malfunctioning or functioning of the user’s device that does not have original and updated system protection.
2. The customer has the right to withdraw from the contract for convenience without any charge. A contract that has been withdrawn from will be considered void, subject to paragraph 6.
3. To withdraw from the contract, the customer has to submit a written contract withdrawal notice and send it to the seller within 14 days of the delivery of the products, and if the product is delivered in batches – from the delivery of the last batch. The above-mentioned time limit will not be deemed exceeded if the notice is sent before its expiry. The customer may use the contract withdrawal form enclosed as Appendix No. 2 to these Terms and Conditions, also available in the Online Store in the “Returns and complaints” section.
4. The customer may also submit the contract withdrawal notice by electronic means, sending it to sklep@poczta-polska.pl. In such a situation, the seller promptly acknowledges to the customer the receipt of the notice by electronic means.
5. Upon withdrawing from the contract, the customer is obliged to return the purchased product without undue delay, no later than 14 days after the submission of the contract withdrawal notice. The above-mentioned time limit will not be deemed exceeded if the product is sent before its expiry and the customer has a relevant document to prove this. The direct costs of the product are borne by the customer, subject to the provisions of paragraph 7. The address to which the product should be returned can be found in the Online Store in the “Returns and complaints” section.
6. If the customer withdraws from the contract, the seller is obliged to refund the amount paid by the customer for the product to be returned complete with shipping costs within 14 days of the submission of the declaration of intent to withdraw from the contract. However, if the customer has selected a product delivery method other than the least expensive method offered by the seller for the given order, the seller is not obliged to refund the additional costs borne by the customer, including, in particular, the costs equal to the difference between the selected and the least expensive shipment option. The seller will refund the payment using the same payment method as the one used by the customer unless the customer expressly agrees upon a different refund method with the seller that does not incur any costs on the part of the seller. The seller will not refund the payment received from the customer until the products are received back or until the customer submits evidence confirming that it has sent the products, whichever is sooner. The seller issues an adjustment invoice for the returned items.
7. Despite withdrawing from the contract, the customer is liable for the reduction of the value of the product caused by the use of the items exceeding the use necessary to establish the type, characteristics and properties of the product.
8. Unless the appendix to the Terms and Conditions that describes the detailed rules for the sale of the products indicates otherwise, customers are not entitled to withdraw from the contract, even if they are consumers, if the contract concerns products made upon request and according to the customer’s guidelines (customised goods, e.g., the “MójZNACZEK” service), second-hand products, products with a short shelf life, products delivered in a sealed packaging that cannot be returned after the packaging is opened due to health or hygiene reasons if the packaging was opened after the delivery of the product, sealed items or items sold in packages or multi-packs or services the customer was obliged to pay for if the seller had fully performed the service upon the customer’s express prior consent and the customer had been informed and acknowledged before the commencement of the service that after the performance of the service by the seller, the customer would lose the right to withdraw from the contract.
9. Customers who are also consumers bear the direct costs of the return of the product, i.e., the cost of sending the product back to the seller.
2. The forms of the documents concerning complaints can be found on the website of the Online Store in the “Returns and complaints” section.
3. The seller may request that the complaint be amended, in particular, by requesting that missing information or the faulty product be sent to the address indicated in the request for the amendment of the complaint. The complaint will be considered within 14 days of its submission. The delivery of the product under the terms defined in this paragraph takes place at the seller’s expense.
4. Submission of the complaint does not exclude the possibility of pursuing the customer’s claims in court.
5. The seller considers the complaint within 14 days of receiving it. The seller replies to the complaint in the same form in which it has received the complaint. If no reply is provided to the complaint within 14 days, it will be deemed that the complaint has been admitted.
6. If the complaint is found to be reasonable, the seller, depending on the customer’s request, reduces the price, rectifies the defects of the product, delivers a fault-free product or missing product to the customer or refunds an equivalent of the product to the customer. The amount due, including the difference due to price reduction, is refunded by a transfer to the bank account indicated by the customer. The seller issues the adjustment invoice to the customer.
7. If the customer’s complaint is not found to be reasonable, the customer may, without prejudicing the right to bring legal action in common court, try to resolve the dispute with the seller out of court – in particular, the customer may:
1) file a case with the permanent arbitration court operating at the relevant Provincial Inspectorate of Trade Inspection;
2) address the relevant Provincial Inspectorate of Trade Inspection with a request to initiate out-of-court consumer dispute resolution proceedings.
8. The use of a specific method of out-of-court dispute resolution can take place only upon mutual consent of the customer and the seller. If the complaint is rejected in whole or in part, the seller notifies the customer about its consent or the refusal to participate in out-of-court consumer dispute resolution proceedings. The specific procedures for out-of-court resolution of disputes between the customer and the seller are available on the website of the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów) at http://www.uokik.gov.pl and on the websites of the Provincial Inspectorates of Trade Inspection, and they can also be obtained from county (municipal) consumer advocates.
9. The customer may also use the ODR Internet platform for easier amicable settlement of disputes, available at: http://ec.europa.eu/consumers/odr. The terms and the procedure for the resolution of disputes via the ODR platform are defined in other regulations.
1) the seller will only be liable for actual damage, only within the limits of the order price (incl. VAT);
2) if the product does not conform to the contract, the customer will only have the right to request the rectification of the defect or replacement of the product with a defect-free item;
3) the right to request rectification of the defect or replacement of the product will expire if the customer did not examine the product immediately after its delivery in the presence of the delivery company and did not notify the seller by email about the defect on the same day, including a description of the defect;
4) subject to the above, provisions of § 12(1–4) and (7–8) will apply, whereas the time limit for the submission of the complaint will be 14 days from the delivery of the product;
5) if the complaint is admitted, the seller will promptly inform the customer and deliver a fault-free product, and where this is not possible – it will refund an amount corresponding to the price of the order including VAT.
2. Matters not regulated in the Terms and Conditions will be governed by the provisions of the generally applicable law, including, in particular, the Consumer Rights Act of 30 May 2014, the Act of 23 September 2016 on out-of-court resolution of consumer disputes, the Electronic Services Act of 18 July 2002 and the Civil Code.
Appendices to the Terms and Conditions:
1. appendix No. 1 – Form for account removal from the Online Store of Poczta Polska S.A.;2. appendix No. 2 – Contract withdrawal form;
3. appendix No. 3 – Terms for selling press subscriptions via the Online Store of Poczta Polska S.A.;
4. appendix No. 4 – Terms for the “MójZNACZEK – special stamp” postage stamp preparation service for orders placed via the Online Store of Poczta Polska S.A.;
5. appendix No. 5 – Terms for the sale of a philatelic subscription of postage stamps, postcards and postal stationery, first day covers (FDCs), imprints of commemorative cancellations and miniature sheets of postage stamps via the Online Store of Poczta Polska S.A.