TERMS AND CONDITIONS
FOR INDEPENDENT MUSIC MARKET ONLINE SHOP
The conclusion of the contract between the Buyer and the Seller may result in two ways.
The Buyer has the right before placing the order to negotiate all the provisions of the contract with the Seller, including those changing the provisions of the dependent selection Negotiations, those that must be presented in writing and sent to the Seller's address (Independent Music Market Tomasz Andrée, Wergiliusza 50, 60-461 Poznań). In the event of the Buyer's resignation from the possibility of concluding a contract on the way to individual negotiations, the regulations and relevant legal provisions should be applied.
TERMS AND CONDITIONS
§1 Definitions
1. Postal address - name and surname or name of the institution, located in the town (in the case of a town divided into streets: street, building number, apartment or flat number; in the case of a town not divided into streets: town and property number), zip code and town.
2. Complaint address: Independent Music Market, Wergiliusza 50, 60-461 Poznań
3. Price list for deliveries - available at https://independentmusicmarket.com/en/content/1-payment-and-delivery a list of available delivery types and their costs.
4. Contact details: Independent Music Market, Wergiliusza 50, 60-461 Poznań Poznan Email: info@independentmusicmarket.com
5. Delivery - a type of transport service with the carrier and cost specified in the delivery price list found at https://independentmusicmarket.com/en/content/1-payment-and-delivery
6. Proof of purchase - invoice, bill or receipt issued in accordance with the Act on tax on goods and services of March 11, 2004, as amended and other relevant legal regulations.
7. Product card - a single store subpage containing information about a single product.
8. Customer - an adult natural person with full legal capacity, legal person or organizational unit without legal personality, but having legal capacity, making a purchase directly from the Seller related to his business or professional activity.
9. Civil Code - the Civil Code Act of April 23, 1964, as amended.
10. Code of good practices - a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 point 5 of the Act on counteracting unfair market practices of August 23, 2007, as amended.
11. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his business or professional activity.
12. Basket - a list of products prepared from products offered in the store based on the Buyer's choices.
13. Buyer - both Consumer and Customer.
14. Place of delivery - postal address or collection point indicated in the order by the Buyer.
15. The moment of handing over the item - the moment when the Buyer or a third party indicated by him for pickup takes possession of the item.
16. Payment - the method of payment for the subject of the contract and delivery mentioned at ¬ https://independentmusicmarket.com/en/content/1-payment-and-delivery
17. Consumer law - the Act on consumer rights of 30 May 2014.
18. Product - the minimum and indivisible quantity of items that may be the subject of the order, which is given in the Seller's store as a unit of measure when determining its price (price/unit).
19. The subject of the contract - products and delivery subject to the contract.
20. The subject of the service - subject of the contract.
21. Collection point - a place of delivery of items that is not a postal address, listed in the statement provided by the Seller in the store.
22. Item - a movable item that may or may be the subject of a contract.
23. Store - website available at independentmiusicmarket.com through which the Buyer may place an order.
24. Seller:
Independent Music Market Tomasz Andrée
Wergiliusza 50, 60-461 Poznań
NIP: 9721316301; REGON: 388656850
zarejestrowany i widoczny w ewidencji CEIDG pod adresem:
https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=19e3c968-b594-4a49-a1e7-fd85b8c44ae1
25. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for a given type of network, commonly referred to as the Internet.
26. Completion date - the period during which the Seller is obliged to send the parcel to the Buyer. The product marked as available will be shipped within 14 business days. In the case of products that are not in stock, the shipment will take place within 14 business days of bringing them to the Store.
27. Contract - a contract concluded outside the business premises or at a distance within the meaning of the Act on consumer rights of 30 May 2014 in the case of Consumers and a sales contract within the meaning of art. 535 of the Civil Code Act of April 23, 1964 in the case of Buyers.
28. Defect - both physical and legal defect.
29. Physical defect - non-compliance of the item sold with the contract, and in particular if the item:
a. does not have properties that this kind of thing should have due to the purpose in the contract marked or resulting from circumstances or destination;
b. does not have properties that the Seller has provided to the Consumer,
c. it is not suitable for the purpose about which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objection to such purpose;
d. it was delivered to the Consumer in an incomplete state;
e. in the event of incorrect installation and commissioning, if these activities were carried out by the Seller or a third party for which the Seller is responsible, or by a Consumer who has followed the instructions received from the Seller;
f. it does not have the property provided by the producer or his representative or a person who places the item on the market in the scope of his business activity and a person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the producer, unless the Seller did not know these assurances or, judging reasonably, could not know or they could not influence the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
30. Legal defect - a situation when the item sold is the property of a third party or is encumbered with the right of a third party, and also if the restriction on the use or disposal of the item results from a decision or ruling of a competent authority.
31. Order - the Buyer's declaration of intent made through the store clearly stating: the type and quantity of products; type of delivery; payment method; place of delivery of goods, Buyer's data and aimed directly at the conclusion of a contract between the Buyer and the Seller.
§2 General conditions
1. The contract is concluded in Polish or English, in accordance with Polish law and these regulations.
2. The Seller is obliged and undertakes to provide services and deliver items free of defects.
3. The sale of goods in the Store takes place in PLN, EURO, USD, GBP and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
4. All dates are calculated in accordance with art. 111 of the Civil Code, i.e. the deadline marked in days ends on the expiry of the last day, and if the beginning of the deadline marked in days is an event, it is not included in the calculation of the date of the day on which the event occurred.
5. Confirmation, access, consolidation, protection of all material provisions of the contract in order to gain access to this information in the future takes the form of:
a. order confirmation by sending to the e-mail address provided: orders, pro forma invoices, information about the right to withdraw from the contract, these regulations in pdf version, model withdrawal form in pdf version, links to download the rules yourself and a pattern of withdrawal from the agreement;
b. attach to the completed order sent to the indicated place of delivery of printed things: proof of purchase, information on the right to withdraw from the contract, these regulations, a model withdrawal form.
7. The Seller informs about guarantees known to him granted by third parties for products in the store.
8. The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he has concluded with a third party providing for him a specific service enabling distance communication.
9. To use the store, in particular to make a purchase in the store, it is not necessary to meet the specific technical conditions by the computer or other equipment of the Buyer. Sufficient are:
a. Internet access,
b. the standard operating system,
c. standard internet browser,
d. having an active email address.
10. The buyer may use the option of saving his data by the store to facilitate the process of placing the next order. To this end, the Buyer should provide the login and password necessary to access his account. The login and password are a string of characters set by the Buyer who is obliged to keep them secret and protect against unauthorized access by third parties. The buyer has the opportunity to view, amend, update data and delete the account in the store at any time.
11. The Seller applies to the Code of Good Practice.
12. The buyer is obliged to:
a. not to provide or transfer content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,
b. using the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
c. not to take actions such as sending or placing unsolicited commercial information (spam) as part of the store,
d. use the store in a way that is not inconvenient for other Buyers and for the Seller,
e. use of any content posted as part of the store only for personal use,
f. using the store in a manner consistent with the provisions of the law in force in the territory of Poland, the provisions of the regulations, as well as with the general rules of netiquette.
§3 Conclusion of the contract and implementation
1. Orders can be placed 24 hours a day.
2. To place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
a. adding a product to the basket;
b. choosing the type of delivery;
c. choosing the type of payment;
d. choosing the place of delivery;
e. placing an order in the store by using the "Order with obligation to pay" button.
3. The conclusion of the contract with the Consumer takes place upon placing the order.
4. The implementation of the Consumer's order payable on delivery takes place immediately, and orders payable by bank transfer or via the electronic payment system after the Consumer's payment is credited to the Seller's account, which should take place within 3 days of placing the order, unless the Consumer was not able to provide the service from no fault of his own and informed the Seller thereof.
5. The conclusion of the contract with the Customer takes place upon acceptance of the order by the Seller, which he informs the Customer within 48 hours of placing the order.
6. The Customer's cash on delivery payment order is carried out immediately after the conclusion of the contract, and the order paid by bank transfer or via the electronic payment system after the conclusion of the contract and the payment of the Customer's account on the Seller's account.
7. The implementation of the Customer's order may depend on payment of all or part of the value of the order or the Seller's consent to sending the order on delivery (payable on delivery).
8. The subject of the contract is sent within the time limit specified on the product card and for orders consisting of many products within the longest period of time specified on the product cards. The period begins when the order is processed.
9. The purchased subject of the contract, together with the sales document chosen by the Buyer, is sent by the type of delivery selected by the Buyer to the place of delivery indicated by the Buyer in the order, together with the attachments referred to in §2 item 5b.
§4 Right to withdraw from the contract
1. The consumer is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 Consumer Law.
2. The withdrawal period from a distance contract is 14 days from the date of delivery of the item, and to meet the deadline it is enough to send a statement before its expiry.
3. The consumer may submit a declaration of withdrawal from the contract on the form, a model of which is Annex 2 to the Consumer Law, on the form available at the address https://independentmusicmarket.com/en/contact-us or in another form consistent with Consumer Law.
4. The Seller shall immediately confirm to the Consumer by e-mail (provided when concluding the contract and another if provided in the submitted statement) the receipt of a statement of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is considered void.
6. The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
7. The consumer sends back the items that are the subject of the contract from which he withdrew at his own expense and risk.
8. The consumer shall not bear the costs of providing digital content that is not saved on a tangible medium if he has not agreed to the performance of the service before the deadline to withdraw from the contract or has not been informed about the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur has not provided confirmation in accordance with art. 15 paragraph 1 and art. 21 paragraph 1. Consumer law.
9. The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
10. The Seller shall immediately, not later than within 14 days from the date of receipt of the statement of withdrawal from the contract submitted by the Consumer, reimburse the Consumer all payments made by him, including the cost of delivery of the item, and if the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller, the Seller will not refund the consumer additional costs in accordance with Article 33 of Consumer Law.
11. The Seller shall refund the payment using the same method of payment as used by the Consumer unless the Consumer has expressly agreed to a different payment method which does not involve any costs for him.
12. The Seller may withhold the reimbursement of the payment received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.
13. The consumer, in accordance with Article 38 of Consumer Law, shall not be entitled to withdraw from the contract:
a. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the contract;
b. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
c. in which the subject of the service is an item subject to rapid deterioration or having a short shelf-life;
d. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons if the packaging was opened after delivery;
e. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
f. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package if the package was opened after delivery;
g. for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract;
h. for delivering newspapers, periodicals or magazines, with the exception of subscription contracts.
§5 Warranty
1. The seller pursuant to art. 558§1 of the Civil Code completely excludes liability to Customers due to physical and legal defects (warranty).
2. The Seller is liable to the Consumer on the terms set out in art. 556 of the Civil Code and subsequent ones for defects (warranty).
3. In the case of a contract with a consumer, if a physical defect has been found within one year of delivery of the item, it is assumed that it existed at the time the danger passed to the consumer.
4. The consumer, if the item sold has a defect, may:
a. submit a statement requesting a price reduction;
b. submit a statement of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a non-defective one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to exchange the item for a non-defective one or remove the defect, he shall not be entitled to exchange the item or remove the defect.
5. The consumer may instead of the removal of the defect proposed by the Seller request replacement of the item for a non-defective one or instead of the replacement of the item demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the proposed method by the Seller, while the assessment of excessive costs takes into account the value of the item free from defects, the type and significance of the defect, and also takes into account the inconvenience to which the consumer would otherwise expose.
6. The consumer may not withdraw from the contract if the defect is irrelevant.
7. The consumer, if the item sold has a defect, may also:
a. demand replacement of the item with a non-defective one;
b. demand that the defect is removed.
8. The Seller is obliged to replace the defective item for one free of defects or remove the defect within a reasonable time without undue inconvenience to the Consumer.
9. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the second possible way to bring it into conformity with the contract.
10. In the event that the defective item has been installed, the Consumer may require the Seller to disassemble and re-assemble after replacing it with a non-defective one or remove the defect, however, it shall bear part of the costs associated with it exceeding the price of the item sold or may require payment from the Seller part of the costs of dismantling and reinstalling, up to the price of the item sold. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
11. The consumer who exercises the rights under the warranty is obliged at the expense of the Seller to deliver the defective item to the complaint address, and if due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place of in which the item is located. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.
12. The costs of replacement or repair shall be borne by the Seller, except for the situation described in §5 item 10.
13. The Seller is obliged to accept a defective item from the Consumer in the event of exchanging the item for one free from defects or withdrawing from the contract.
14. The Seller within fourteen days will respond to:
a. a statement demanding a price reduction;
b. statement of withdrawal from the contract;
c. demand to replace the item with one free from defects;
d. request to remove the defect.
Otherwise, it is considered that he considered the Consumer's statement or request justified.
15. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of sale is used within one year from the moment of delivery of the item to the Consumer.
16. The Consumer's claim for removing the defect or replacing the item sold for one free of defects expires after one year, counting from the day the defect was found, but not earlier than two years after the item was released to the Consumer, and if the subject of sale is an item used before the end of the year from the moment of handing over the item to the Consumer.
17. In the event that the expiry date of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before that date.
18. Within the time limits specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from the contract or reduction of the price due to a physical defect of the item sold, and if the Consumer demanded replacement of the item for a non-defective one or removal of the defect, the deadline for submitting a statement on withdrawing from the contract or reducing the price begins with the ineffective expiry of the deadline for replacing things or removing the defect.
19. In the event of an investigation before a court or arbitral tribunal of one of the rights arising from a warranty, the time limit for exercising other rights due to the Consumer under this title shall be suspended until the final termination of the proceedings. Accordingly, it also applies to mediation proceedings, where the deadline for exercising other rights under the warranty, entitled to the Consumer, begins to run from the day the court refuses to approve the settlement concluded before the mediator or the ineffective termination of mediation.
20. To exercise the rights arising from the warranty for legal defects of a sold item, §5 points 15-16 shall apply, except that the period shall run from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of an action of a third party - from the day on which the decision issued in the dispute with the third party became final.
21. If due to a defect in things, the Consumer has made a statement of withdrawal from the contract or price reduction, he may request compensation for the damage he suffered because he concluded the contract without being aware of the existence of the defect, even if the damage was a consequence of circumstances for which the Seller shall not bear liability, and in particular may require reimbursement of the costs of concluding the contract, the costs of collection, transport, storage and insurance of goods, reimbursement of expenditure made to the extent that it has not benefited from them, and has not received their reimbursement from a third party and reimbursement of the costs of the process. This does not prejudice the provisions on the obligation to repair damage on general principles.
22. The expiry of any period for identifying a defect does not preclude the exercise of rights under the warranty if the Seller has fraudulently concealed the defect.
23. The Seller, if he is obliged to provide or provide a financial benefit to the Consumer, perform them without undue delay, no later than the time limit provided for by law.
§6 Privacy policy and personal data security
1. The administrator of databases of personal data provided by the consumers of the store is the Seller.
2. The Seller undertakes to protect personal data in accordance with the Privacy Policy.
§7 Final provisions
1. Nothing in these Regulations is intended to violate the Buyer's rights. It also cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute compliance with and application of this law in place of the challenged provision of the regulations.
2. Registered Buyers will be notified by e-mail about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced to adapt the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in the regulations tab (https://independentmusicmarket.com/en/content/3-terms-and-conditions-of-use). During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him when placing the order shall apply. Except when the Consumer finds it less favourable than the current one and informs the Seller about the selection of the current one as binding.
4. In matters not covered by these regulations, the relevant applicable legal provisions shall apply.
5. Disputed issues, if the Consumer wishes, shall be resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before the arbitration court at the Provincial Inspectorate of the Trade Inspection. The consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. via the EU ODR online platform at http://ec.europa.eu/consumers/odr/. As a last resort, the matter is resolved by a court having local and factual jurisdiction.