Regulations of the online store
- Civil Code – the Act of April 23, 1964.
- Regulations – these regulations regarding the provision of electronic services as part of an online store in accordance with the requirements of the GDPR.
- Data Controller – RadosławMorek conducting business activity under the name MorekTECHRadosławMorek, ul. Estrady 80, 01-932 Warsaw, NIP: 1180169622, REGON: 016381573, email: email@example.com.
- Shop – a teleinformation platform as part of the vortal at the address technologicalprocess.com, through which the Customer may place Orders, provided that it is equipped with the appropriate terminal equipment to read the Goods.
- Customer – a natural person who is 18 years of age and has full legal capacity, as well as a legal person or an organizational unit that is not a legal person, and which special provisions grant legal capacity and which makes orders within the Store..
- Goods – products offered in the Store, in particular items, services, magazines, books and files in PDF format.
- File – digital content not saved on a tangible medium, in particular PDF files offered by the Administrator via the Store as part of the provision of services.
- Sales contract – a contract for the sale of Goods within the meaning of the Civil Code, which is concluded between the Shop Owner and the Customer using the Store as part of an Internet portal at the following address: technologicalprocess.com
- Consumer Rights Act – Act of 30 May 2014 on consumer rights..
- The Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services.
- Order – Customer’s declaration of intent, which is directly aimed at concluding a Sales Agreement and specifying in particular the type and quantity of goods..
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC.
§2. General provisions
1. These Regulations define the rules for using the online store referred to in §1 section 3 of the Regulations.
2. These Regulations constitute the regulations for the provision of electronic services within the meaning of Article 8 of the Act on the provision of electronic services.
3. These Regulations in particular define:
a.) types and scope of services provided electronically
b.) terms and conditions placing orders electronically via the online store, including technical requirements necessary to cooperate with the ICT system, which uses the data controller;
c.) the rules and procedure for concluding and terminating Sales Agreements with the use of services provided as part of the Store;
d.) complaint procedure.
4. Informacje o Towarach umieszczone na stronach internetowych Sklepu, a w szczególności opisy, parametry techniczne i użytkowe, ceny stanowią zaproszenie do zawarcia umowy w rozumieniu art. 71 Kodeksu Cywilnego.
§3. Technical requirements
- The Customer who makes purchases of Files in the Store, may use them provided that the end devices of the User meet technical requirements such as ePUB and PDF files – a PC or Mac PC with a monitor with a minimum resolution of 800 × 600 pixels, equipped with an operating system and a program capable of opening ePUB, PDF files (eg Adobe Acrobat Reader, Caliber, MobiPocket Reader), or other terminal device, including e-book reader, smartphone, tablet with an application for playing the above-mentioned files.
- The Store Administrator does not guarantee the correct operation of the Store on the Customer’s devices, which involves the configuration of the device or software used by the Customer.
§4. The manner of order fulfillment
- As part of the Store, the Administrator offers the sale of goods and digital content to Clients after the Customer has made the order.
- The condition for the conclusion of the contract is: acceptance of the regulations, providing the Customer’s e-mail address, providing by the Customer his data necessary to conclude a sales contract and the Customer’s consent to deliver digital content not recorded on a tangible medium before the expiry of 14 days to withdraw from a distance sale agreement .
- The conclusion of the sales contract follows after placing the order with the obligation to pay by the customer or by clicking on the “Ordering and purchase” button.
- After placing an order by the Customer, he will receive a message confirming the content of the order placed on the e-mail address and instruction on his right to withdraw from the contract or confirmation of losing the right to withdrawal, in connection with the Customer’s request to start the service before the 14 day period expires deadline to withdraw from the contract. No confirmation of the order means that the order may not have been accepted for execution.
- In each case, the Administrator reserves the right to verify the order and cancel it, in justified cases, as to the reliability of such an order, including the identity of the Customer, non-compliance with the regulations.
- The prices of goods in the Store’s offer are expressed in Polish zlotys or in EURO and include VAT. The given prices do not include lump sum shipping costs with which the Consumer will be able to become familiar at the latest when the Consumer wishes to be bound by the contract.
- The value of the contract containing discounts and rebates based on rebate codes may be further reduced due to the rounding of the order value, which is related to the conversion of the price used in retail settlements to the net price.
- The shop’s administrator reserves the right to change the prices of products and services on offer without prior notice. Price change does not apply to orders accepted for execution.
- The store reserves the right to withdraw individual products from the offer without prior notice.
- A customer who purchased goods or files in the Store may use them in accordance with applicable law, including in accordance with the Copyright and Related Rights Act (Journal of Laws of 1994 No. 24 item 83, as amended). Reproduction, distribution, distribution, copying, lending, sharing or public replay (including sharing on the Internet) and unauthorized use of its contents in whole or in part or any modification of the product (eg by changing the file format or deleting the file) is prohibited security or markings), regardless of the purpose and form of these activities, unless otherwise agreed in writing with the Store.
- All Goods and Files available in the Store – against payment or free of charge – are subject to the protection provided for in the Copyright and Related Rights Act, unless otherwise specified in the license, as Store will inform in the product card (eg Open source).
§5. Complaint proceedings
1. If the product sold in this file has a defect, the Customer may:
a.) Submit a statement about price reduction or withdrawal from the contract, unless the Administrator immediately and without excessive inconvenience for the customer exchanges the defective product for a fault-free one or remove the defect. The reduced price should remain in such a proportion to the price resulting from the contract, in which the value of the defective product remains to the value of the good without a defect. The customer can not withdraw from the contract if the defect is irrelevant.
b.) request replacement of the product in this file for one free of defects or removal of the defect. The store is obliged to replace the defective goods or to be free from defects or remove the defect in a reasonable time without undue inconvenience to the customer;
c.) The customer may submit complaints via a quick contact form, by e-mail, telephone or by post: MorekTECH RadosławMorek, ul. Estrady 80, 01-932 Warsaw, with the inscription “complaint”.
d.) A complaint should contain a description of the complaint and a document confirming the purchase of the item advertised in the Store (eg a copy of the receipt, confirmation of the transfer from the bank account, transaction number, etc.). At the same time, in the case of complaints about Goods, they should be sent to Helion. The shop within 14 (fourteen) days will address the complaint of the customer who purchased the goods and will notify them of further proceedings.
§6. Withdrawal from the contract
- Subject to paragraphs 5.2-5.3, in accordance with the “Consumer Rights Act” (Journal of Laws 2014.827), the Customer has the right to withdraw from the contract within 14 days from the date of taking possession of the product by the Customer or a third party designated by him other than the carrier. When submitting a declaration of withdrawal from the contract, the customer does not have to provide a reason.
- The right to withdraw from the contract is not due to the Client if the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery. The consumer shall not be entitled to withdraw from the contract in relation to contracts for the delivery of periodicals or magazines, except for the subscription agreement.
- If the Customer consents to the provision of a digital content delivery service that is not recorded on a tangible medium before the deadline for withdrawal from the contract and informed by the Administrator about the loss of the right to withdraw from the contract, the right of withdrawal shall expire upon the start of downloading the File or using the “Read” button. If the Consumer has agreed to automatically send files after purchase to mobile devices or Dropbox, he loses his right to withdraw from the contract at the time of making and paying for the purchase.
- Declaration of withdrawal from the contract The consumer can send an email to: firstname.lastname@example.org, or by post to: MorekTECH RadosławMorek, ul. Estrady 80, 01-932 Warsaw POLAND, with the note “return”.
- To facilitate the right to exercise the right to withdraw from the contract, the Customer may use the form or statement, which constitutes an attachment to the Regulations.
- In the event of withdrawal from the contract, the contract is considered null and void. The administrator will refund all payments made by him not later than within 14 days. The administrator will refund the payment using the same method of payment as used by the customer, unless the customer explicitly agreed to a different method of return, which is not associated with any costs.
- The Customer is obliged to return the Administrator or give it to the person authorized by the Administrator to receive it immediately, but no later than 14 days from the date on which he withdrawn from the contract, unless the Administrator suggested that he would pick up the item himself. To meet the deadline, it is enough to send back the items before its expiry.
- The customer bears only the direct cost of returning the items. The Customer is liable for a reduction in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
1. When placing an order in the Online Store, the Customer provides personal and voluntarily required personal data in the following scope: name and surname, e-mail address, IP data in the payment provider payment form, including PayPal. Providing basic personal data by the customer is voluntary, but the lack of data prevents the implementation of the contract. The legal basis for processing by the Administrator is the necessity of processing to perform the contract (Article 6 (1) (b) OF THE REDO), and as far as optional data are concerned, the legal basis for processing is consent (Article 6 (1) (a) of the GDPR).
2. The store also processes Users’ data:
a.) for analytical and statistical purposes – the legal basis for processing is the Administrator’s legitimate interest (Article 6 (1) (f) of the GDPR), which consists in analyzing Customer activity in the Online Store in order to improve the functionalities used;
b.) in order to potentially establish, investigate or defend against claims – the legal basis of the processing is the legitimate interest of the Administrator (Article 6 (1) (f) of the RODO) consisting in the protection of its rights;
c.) for marketing purposes of the Administrator and other entities – the legal basis of the processing is the legitimate interest of the Administrator (Article 6 (1) letter f) of the RODO) consisting in the protection of its rights;
3. The purpose of the contract may be provided by the Store in the scope of name, e-mail and telephone number to third parties for the purpose of proper performance of the contract. This consent includes, in particular, the transfer of information to an intermediary company in the ordering of courier services, postal operators and courier companies in order to send a parcel and transfer data to websites that support online payments in order to authorize payments for the purpose and on the terms set out in the regulations for using the services of these websites.
4. Administrator of personal data is Administrator (as defined in the comparison). Personal data is protected in accordance with the applicable law, and from the date of entry into force in accordance with Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 and legal acts that will be issued in its implementation.
5. The customer has the right to inspect their personal data, correct them and demand their limitation or removal. The customer also has the right to object to the processing of data, as well as the right to request the transfer of his data. Inquiries can be directed via the contact form – request for access to data.
6. The customer may at any time withdraw consent to the further processing of his personal data. Withdrawal of consent shall not affect the lawfulness of the processing which has been carried out on the basis of consent prior to its withdrawal.
7. The Customer has the right to lodge a complaint about the processing of his data by the Administrator to the President of the Office of Personal Data Protection.
8. The Customer may give additional consent to the processing of his personal data in the scope of: e-mail address, name and surname, telephone number and date of birth for marketing purposes by the Administrator and other related entities, in order to inform him about new goods, promotions and services available in the Store, especially in the form of a Newsletter. The customer may withdraw this consent at any time. Withdrawal of consent shall not affect the lawfulness of the processing which has been carried out on the basis of consent prior to its withdrawal.
9. The Customer may express a separate consent for the Store to send messages to the e-mail address provided with a request to review the purchased Goods. The user may withdraw this consent at any time. Withdrawal of consent shall not affect the lawfulness of the processing which has been carried out on the basis of consent prior to its withdrawal.
11. The Administrator will store the Customer’s personal data:
a.) if the Administrator processes personal data on the basis of consent, the processing period lasts until the Customer withdraws the consent;
b.) if the Administrator processes personal data based on the legitimate interest of the data controller, the processing period lasts until the cessation of the abovementioned interest (eg the period of prescription for civil claims) or the moment of opposition of the data subject, further such processing – in situations where such objection in accordance with the provisions of the law; If the Administrator processes personal data, due to the applicable law, the periods of data processing for this purpose are determined by these provisions.
§8. Final Provisions
- In matters not covered by these Regulations, the provisions of the Act on consumer rights, the Civil Code, the Law on copyrights and related rights shall apply.
- The law applicable to the contract between the User and the Administrator is Polish law. All disputes related to the implementation of the contract will be resolved by the competent Polish common courts. The consumer has the opportunity to use the out-of-court way to resolve complaints and pursue claims before the Permanent Consumer Arbitration Court in Warsaw, ul. H. Sienkiewicza 3, 00 015 Warsaw. More information is available at http://uokik.gov.pl.
- The store reserves the right to change the Regulations. Orders placed before the date of changes to the Regulations will be implemented based on the current rules.
- A model withdrawal form – download PDF.
Regulations are valid from 28/03/2019.