• Purchase conditions and Private policy

REGULATIONS on use of the Online Store and terms and conditions of sale of Products available on the Online Store
I. Definitions
11. Consumer – User who is a natural person and purchases, through the Online Store, a Product which is not directly connected with his or her business or professional activity.
12. Products – any Physical Products and Digital Content offered by the Seller through the Website.
13. Physical Products – any items and products fixed on physical carriers, offered by the Seller through the Website, including but not limited to hard-copy versions of ABSL reports.
14. Regulations – these regulations on use of the Online Store and terms and conditions of sale of Products available on the Online Store.
15. Website – website through which various Products may be purchased. The Website is available at: www.shop-absl.pl, and the entity responsible for handling the purchasing process is the Seller.
16. Seller – Związek Liderów Sektora Usług Biznesowych (Association of Business Service Leaders) with its registered office in Warsaw, Rondo ONZ 1, 00-124 Warszawa, NIP No. 525-246-58-47, REGON: 142072104 entered in the Register of Associations, Other Social and Professional Organisations, Foundations and Public Healthcare Institutions and in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register with KRS No. 0000340712, e-mail: shop@shop-absl.pl, hereinafter also referred to as “ABSL”.
17. Digital Content – any products constituting digital content within the meaning of the provisions of the Consumers Rights Act of 30 May 2014, offered by the Seller through the Website, including but not limited to electronic versions of ABSL reports, e-books, video recordings, etc.
18. Agreement – agreement regarding sales of Physical Products and/or agreement regarding delivery of Digital Content, entered into remotely by and between the User (including a Consumer) and the Seller as a result of placement of a Purchase Order, confirmation of its acceptance by the Seller and payment of the price. The Agreement is entered into at the time the payment of the price is credited to the Seller’s bank account.
19. User – natural person who has attained the age of 18 and has full legal capacity, legal person or unincorporated organisational unit with statutory legal personality, which purchases Products through the Website. The User must have a place of residence or registered office in the territory of the Republic of Poland.
20. Purchase Order – instruction regarding purchase of the Products, submitted to the Seller by the User (including a Consumer) on the form through the Website.
II. General provisions
5. The Regulations shall set forth the terms and conditions of use of the Online Store and the terms and conditions of sale of Products available through the Website.
6. The Seller shall be the seller of the Physical Products, the provider of the Digital Content, the owner and administrator of the Website and the controller of personal data.
7. Each User, including a Consumer, shall read the Regulations.
8. The Regulations shall be available on the Website and made available free of charge also before entering into an agreement. Upon the User’s request, the Regulations may also be made available in a manner allowing for obtaining, reproducing and fixing the contents of the Regulations with the use of an ITC system used by the User (e.g. with the use of e-mails).
III. Terms of use of the Website and placement of Purchase Orders regarding Products
7. Everyone who has access to the Internet may browse the content of the Website and place Purchase Orders for Products offered on the Website.
8. Use of the Website and placement of Purchase Orders by a User (including a Consumer) shall require: access to the Internet, standard devices and software for browsing of web pages, and a current and active e-mail box. In order to properly use purchased Products being Digital Content the User also needs standard operating software, Adobe Acrobat Reader and Microsoft Office software package or its equivalent (Libre Office, Open Office, etc.).
9. If the User is unable to open a link or file including a purchased Product being Digital Content, he or she should immediately contact the Seller by sending an e-mail to the Seller’s e-mail address.
10. In order for the User (including a Consumer) to use the Website and place Purchase Orders, it is not necessary to have a special account opened in his or her name, other than the User’s e-mail address referred to hereinabove.
11. Upon placement of a Purchase Order, the User acknowledges and fully accepts the terms and conditions of these Regulations and agrees to comply with them. If the User does not agree with the provisions of the Regulations, he or she shall not place Purchase Orders or purchase Products.
12. Users may only use the Products in accordance with the applicable provisions of law. The Seller reserves the right to cancel a Purchase Order if the User who is not a Consumer breaches the law or the provisions of these Regulations.
IV. Placement and execution of Purchase Orders
13. The User (including a Consumer) shall place a Purchase Order for selected Product(s) through the Website.
14. Prices for the Products are stated on the Website in net and gross amounts. Gross amounts are inclusive of VAT.
15. Once the User has chosen a Product on the Website, he or she should click the “Buy” button as a result of which he or she will be directed to the Purchase Order page.
16. On the Purchase Order page, the User should fill in the Purchase Order form and then proceed to payment by clicking the “Buy and pay” button.
17. Receipt of each Purchase Order shall be confirmed by the Seller by way of an e-mail sent to the e-mail address provided by the User (including a Consumer).
18. The price for the Product included in the placed Purchase Order may be paid using the following payment methods:
a. payment channels available on the Website: Blik, fast online transfer, card payment, handled by ING Bank Śląski SA – in such case payment is made through imoje website owned and operated by ING Bank Śląski SA with its registered office in Katowice at ul. Sokolska 34, entered in the Register of Entrepreneurs of the National Court Register,
District Court for Katowice-Wschód, 8th Commercial Division of the National Court Register, with KRS No. 0000005459. Terms and conditions of payments by Clients through the imoje System and the complaints handling procedure are available at: https://data.imoje.pl/docs/imoje_regulamin_platnosci.pdf.
19. The date of payment of the price for purchase of the Product shall be the date on which the Seller’s bank account is credited with the full price for purchase of the Product.
20. Once the price for purchase of the chosen Product has been paid and credited to the Seller’s bank account, the Agreement with the Seller is entered into, in confirmation whereof the User (including a Consumer) shall receive from the Seller an e-mail sent to the e-mail address provided by the User. In the case of purchase of Products being Digital Content, the User shall also receive an e-mail containing access or access link to the chosen Product being Digital Content, allowing for downloading of the purchased Product. Products being Digital Content shall be made available to the User within 48 hours from the time the price is credited to the Seller’s bank account; however – in relation to Users who are Consumers – not earlier than after expiration of the statutory time limit for withdrawal from the Agreement by the Consumer (unless the Consumer gives, upon placement of the Purchase Order, his or her consent referred to in item VII.4 of the Regulations).
21. Physical Products shall be delivered to the address indicated by the User in the Purchase Order form (unless the Parties agree otherwise) and in a manner selected by the User from among options available on the Online Store, including but not limited to:
a. courier service
22. The basic method of delivery of a Product being Digital Content shall be sending, to the User’s e-mail address indicated in the Purchase Order, an access link to the purchase Product being Digital Content – in such case, the Product being Digital Content shall be available at the sent link for a period indicated on the Website next to the Product description. A Product may be downloaded 5 times from an active link. Other methods of delivery of purchased Products being Digital Content shall be each time indicated on the Website next to the Product description or during the Purchase Order placement procedure.
23. The Seller shall each time issue a VAT invoice:
a. Natural persons who do not conduct business activity shall provide their invoicing details, i.e. name, surname and address.
b. In the case of persons who conduct business activity, it is necessary to provide the User’s NIP number and invoicing details in accordance with the relevant form (business name, registered office and address).
24. Upon placement of a Purchase Order, the User gives his or her consent to VAT invoice being issued and delivered by electronic means, as a PDF file, without his or her signature being required.
V. Terms of use of the Website and of the purchased Products
6. Any Products available through the Website or purchased from the Seller as well as logos, designs and graphic, visual, audio or audio-visual materials (including videos) and source codes which meet the requirements to be classified as copyrighted works or are related rights shall be subject to protection provided for in the Act of 4 February on Copyright and Related Rights (i.e. “Dziennik Ustaw” [Journal of Laws] of 2006, No. 90, item 631, as amended), and shall be intellectual property of their authors or authorised entities and shall be protected under generally applicable provisions of law. Access to the Website and the Products under these Regulations shall not constitute any transfer or licence to use such rights.
7. Purchased Products may be permanently marked as dedicated to the User who purchased them from the Seller. Such marking of the Product shall not disclose the User’s personal data but only identify
the origin of the Product in the event of breach of the terms of use of the Product as set forth in these Regulations and in generally applicable provisions of law. Each User who purchases a Product gives his or her consent to such marking and agrees not to make any effort to change or remove such marking from the Product.
8. The User may use purchased Products only for his or her own use and in accordance with their intended purpose, i.e. use them in the form made available through the Website in order to familiarise themselves with their contents.
9. The User shall not have the right to reproduce, copy and use a Product (in whole or in parts or as a derivative work) for any purpose other than that indicated in these Regulations, without prior written consent of the Seller. In particular, it is forbidden to change or otherwise modify the electronic structure of a Product being Digital Content (e.g. remove security features or marking). It is also forbidden to distribute a Product or any copies thereof, make it available or present publically without prior written consent of the Seller.
10. The Seller stipulates that in the event of any infringement of its rights it will pursue any claims available to the Seller under generally applicable provisions of law which may be pursued before a court or other authorities appointed for this purpose.
VI. Complaints
8. The Seller shall deliver defect-free Products.
9. Any information about any disruptions in the functioning of the Website, comments and proposals related thereto, and complaints shall be send by electronic means to the Seller’s e-mail address.
10. If a purchased Product turns out to be defective, in particular if a Product being Digital Content does not open, is incomplete or does not comply with the description on the Website, the User may submit a complaint to the Seller, notifying the Seller immediately by sending an e-mail to the Seller’s e-mail address. A complaint should contain details allowing for identification of the User and of the purchased Product, the subject matter of the complaint together with a description of reservations, and the demand relating to the complaint. In the event that an incomplete complaint is received, the Seller shall request the User to supplement it.
11. The Seller shall handle the User’s complaints relating to a purchased Product within 14 business days from receipt of the complaint; however, this period may be extended if examination of the complaint is more time-consuming. The Seller shall notify the User of resolution of the submitted complaint by sending an e-mail to the User’s e-mail address indicated by the User in the Purchase Order.
12. If the complaint is granted, the Seller shall make available to the User a defect-free Product or refund any monies paid on account of the price for the complained-about Product by bank transfer to a bank account indicated by the User not later than within 30 days from the date of receipt of information about the granting of the complaint.
13. Once the complaint has been granted by the Seller, the User agrees to immediately return and/or delete any copies of the complained-about Product.
14. Restrictions as to the manner of complaint submission and handling provided for in items 2-6 hereinabove shall not apply to Consumers.
VII. Refund and the right to withdraw
8. The User shall have the right to withdraw from the Agreement with the full right to be refunded the paid price only in cases referred to in the provisions of generally applicable law (in particular if he or she is a Consumer) and in these Regulations.
9. The price paid by the User for a Product shall not be refunded, except for cases described in these Regulations.
10. Subject to the provisions of item 4 hereinbelow, a Consumer who entered into the Agreement with the Seller on terms and conditions set forth in these Regulations may withdraw from the Agreement within 14 days for convenience and without any cost (except for costs referred to in Section 27 of the Consumers Rights Act of 30 May 2014). In order to exercise the right to withdraw from the Agreement, the Consumer must inform the Seller about his or her decision to withdraw from the Agreement by way of a clear statement (e.g. e-mail sent to the Seller’s e-mail address). In order to comply with the time limit for withdrawal from the Agreement, it is sufficient for a Consumer to send information about the exercise of his or her right to withdraw from the Agreement before expiration of the time limit for withdrawal from the Agreement.
11. In the case of purchase of Products being Digital Content – with the Consumer’s explicit consent given in the Purchase Order, the giving of which shall result in the loss of the right to withdraw from the Agreement – the Seller may render its performance and deliver the Product being Digital Content to the Consumer before expiration of the statutory time limit for withdrawal from the Agreement. In such case, if the User gave his or her consent to performance of the Agreement and delivery of the chosen Product being Digital Consent before expiration of the time limit for withdrawal from the Agreement, the Consumer shall lose the right to withdraw from the Agreement entered into with the Seller.
12. If the User effectively exercises his or her right to withdraw from the Agreement, the Seller shall immediately block the User’s ability to access the Product being Digital Consent.
13. Furthermore, if the User effectively exercises his or her right to withdraw from the Agreement, the Seller shall, immediately but not later than within 14 days from the date of service of the Consumer’s statement of withdrawal, refund any monies paid on account of the price by bank transfer to a bank account indicated by the User.
14. In the case of a User who is a Consumer, the Seller shall refund the price using the same payment method that was used by the Consumer, unless the Consumer agrees to a different method of refund which does not entail any additional costs for the Consumer.
VIII. Exclusion of liability
4. Under the Agreement entered into in accordance with these Regulations, the Seller shall deliver content contained in the Products to the User. However, to the broadest extent permitted by law and with account taken of regulations relating to Consumers, the Seller shall not be liable to the User for any loss or damage suffered by the User in connection with the use of the Website, reliance on any information presented on the Website or contained in the Products under any circumstances and for any consequences of decisions made in reliance thereon.
5. The Seller – if defective functioning is caused by circumstances beyond the Seller’s control and could not have been prevented despite exercising due care and diligence, to the broadest extent permitted by law and with account taken of regulations relating to Consumers – shall not be liable for any damage caused by defective functioning of the transmission system, including equipment failures, delays and disruptions to transmission of information, third party interference or Force Majeure events.
6. The Seller reserves – upon prior notice to the User who is a Consumer, to the broadest extent permitted by law and with account taken of regulations relating to Consumers – the right to
temporarily restrict access to the Website (in whole or in part) with a view to improving or maintaining it or if required by safety reasons or other reasons beyond the Seller’s control.
IX. Personal data protection, privacy and cookies policy
3. The controller of personal data is the Seller, i.e. Związek Liderów Sektora Usług Biznesowych (Association of Business Service Leaders) with its registered office in Warsaw, Rondo ONZ 1, 00-124 Warszawa, NIP No. 525-246-58-47, entered in the Register of Associations, Other Social and Professional Organisations, Foundations and Public Healthcare Institutions and in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register with KRS No. 0000340712, e-mail: shop@shop-absl.pl.
4. The provisions relating to personal data protection, privacy and cookies policy applicable to the Website are contained in Appendix No. 1 (https://absl.pl/en/about/privacy-policy) to these Regulations, which constitutes their integral part.
X. Final provisions
5. The Seller reserves the right to amend the provisions of the Regulations, and such amendments shall take effect on the date of publication on the Website. To Agreements entered into before the Regulations were amended, the version of the Regulations applicable as at the date of entry into the Agreement between the User and the Seller shall apply.
6. To any matters not regulated in these Regulations, generally applicable provisions of the Polish law shall apply.
7. Any disputes between the Seller and the User shall be resolved by a court having territorial jurisdiction over the Seller’s registered office. Any disputes between the Seller and a Consumer shall be resolved by a court having jurisdiction in accordance with the principles of generally applicable law.
8. The User who is a Consumer may use an out-of-court method of complaint handling and claim pursuit. Information about the manner of access to the above-mentioned dispute resolution methods and procedures is available at registered offices or on websites of entities authorised to resolve disputes out of court – in particular on the following website: www.uokik.gov.pl, “Consumer dispute resolution” tab.