Online bookshop terms and conditions of purchase

§1

This section specifies terms and conditions on which marszalek.com.pl online bookshop supplies books. The online store is operated by:

a) Adam Marszałek Publishing House, based in Toruń, ul. Lubicka 44, NIP: 879-009-33-35, REGON: 005730016, entered into the Central Registration and Information on Business;
b) GRADO Scientific Publishing House, based in Toruń, ul. Lubicka 44, NIP: 956-121-67-71, REGON: 871113310, entered into the Central Registration and Information on Business,

and is referred to as Bookshop hereinafter.

§2

1. Under these Terms and Conditions, “goods” are books, course books which are traditionally delivered to the Client, i.e. by Poczta Polska (Polish Post) or by courier, or ready to be picked up by the Client or an authorised person at Adam Marszałek Publishing House.
2. The “Client” is a natural legal person with the full or limited capacity to perform legal acts, a corporate entity or an organisational unit without legal personality but with legal capacity, using the services of Online Bookshop marszalek.com.pl, one that makes a purchase, in particular.
3. Under these Rules and Conditions, the “Consumer” is a natural legal entity making purchases at Online Bookshop marszalek.com.pl that are not directly connected with the Bookshop’s business or vocational activity (under art. 221 of the Act of 23 April 1964, Civil Code).
4. “Business Days” are each day from Monday to Friday except public holidays in Poland.
5. Under these Terms and Conditions, a “physical defect” is the inconsistency of the goods with the purchase contract.
6. Under these Terms and Conditions, a “legal defect” occurs when the good is the property of a third party or is encumbered with the right of a third party, and also when the limitation to use or dispose of the good is adjudicated by a competent authority.

§3

1. The Client chooses a good from the Bookshop’s offer presented on marszalek.com.pl and places an order using this website.
2. On placing an order with the Bookshop, the Client consents to be notified of the progress of the order via email.

§4

The price of the good displayed next to the title or name of a given item does not include delivery charges. Delivery charges shall be added to the cost of the purchased goods. The final value of the order comprises the price of the product plus delivery charges.

§5

1. The Bookshop shall exercise utmost care to ensure that the information on the goods is as detailed and factual as possible.
2. Unless stated explicitly otherwise, the information on the products provided on the bookshop’s webpage is an invitation to conclude a contract in the sense of the provisions of the Civil Code.

§6

Making the order is provisional of the following:

a) the Bookshop confirms the order with the Client by email (order confirmation is sent to an email address given to the Bookshop by the Client), including a proof of taking the order, and
b) the Client clicks on a link in a message (email) received from the Bookshop to confirm the order,

moreover, additionally, taking account of § 16 of these Terms and Conditions, in case of choosing to pay for the goods by bank transfer, booking all of the due amount (price) into the Bookshop’s account.

§7

In case the Bookshop fails to confirm the order within two business days after its placing, the Client shall notify the Bookshop by e-mail or telephone, to the following address: info@marszalek.com.pl, or tel.: 56 664 22 35 ext. 35.

§8

Orders are made according to the order of their receipt until the ordered goods have been out of stock.

§9

The Bookshop notifies the unavailability of any of the ordered goods by email or telephone.

§10

1. In case the order is for a few goods that require a similar amount of time to be shipped, but when problems occur in obtaining the ordered titles, then to minimise delivery costs, the whole order shall be made over a more extended period (a single payment for the delivery).

2. At the request of the Client, the Bookshop shall divide the order into some batches, charging the Client each time with the costs of delivery of a given shipment.

§11

An order for the goods shall be made on condition that it includes the recipient’s data (name and surname in case of a natural person, a name in case of a legal person or an organizational unit without legal personality), as well as home address and telephone number of the recipient and his or her email address.

§12

The Bookshop offers one form of payment for the ordered goods – a bank transfer – the goods shall be shipped after booking all of the price and delivery charges into the Bookshop’s bank account (the amount of time is provisional on the banks that make the transaction, but typically, the payment is booked on the day following the transfer).

§13

1. Every Client shall receive from the Bookshop a VAT invoice or a purchase confirmation document as a proof of purchasing goods or e-publications.
2. In case the VAT invoice should be issued to a Client that performs the business activity and/or is a VAT payer, the Client shall provide his or her data and Tax Number. By making a purchase with the Bookshop and confirming the order, the Client consents to receive a VAT invoice without a signature.

§14

The Bookshop ships goods outside Poland, too. A payment collectable then increases delivery costs by the carrier. The amount depends on delivery rates in the target country.

§15

An order can be cancelled by telephone by contacting Sales Department at 56 664 22 35 ext. 35 or by sending an email to info@marszalek.com.pl. It is possible to cancel orders which have not been made yet, i.e. the goods have not been shipped to the recipient, or the file has not been downloaded within 14 days, and on condition that a declaration of resignation has been sent.

§16

1. Under the provisions of the Act of 30 May 2014 on Consumer Rights, the Client as a Consumer may cancel his or her contract within 14 days after receiving the goods, and return the purchased goods immediately or within maximum 14 days after contract cancellation. To keep this term, the client must return the goods before its expiration. For identification purposes, the order number must be enclosed with the returned goods.
2. No later than within 14 days after receiving the Client’s declaration to cancel his or her contract, the Bookshop shall reimburse the Client with any payments made by him or her, including the price of the goods and the costs of the delivery of the goods to their recipient.
3. In case the Client chose to have the goods delivered to him or her by priority mail rather than standard one offered by the Bookshop, the Bookshop shall not be held responsible for reimbursing the extra delivery costs (i.e. the costs exceeding the cheapest standard way of delivery).
4. It is the Client who pays for shipping the goods back to the Bookshop. The Client shall be held responsible for diminishing the value of the goods due to using them in a way that is more than necessary to state the character, features and functioning of the goods.
5. A form template for cancelling the order and returning the goods shall be sent to the Client by email to an address provided by the Client, and additionally enclosed with the order sent to the Client.
6. Whenever a Client is mentioned in this article and article 21 of these Terms and Conditions, it refers solely to the Client is a Consumer.

§17

1. The Bookshop shall not be held responsible for defects (warranty) to Clients who are not Consumers.
2. The Bookshop is responsible to the Consumer for physical and legal defects determined in the Act of 24 April 1964, the Civil Code and other special provisions applicable to the Bookshop.
3. The inconsistency of the goods with the purchase contract occurs in particular when:

a) the goods are lacking in the properties they ought to have according to the purpose as stated in the purchase contract or arising from the circumstances or their intended use, except when the Consumer failed to observe the instructions enclosed with the goods;
b) the goods delivered to the Consumer are incomplete;
c) the goods fail to meet the intended use about which the Consumer informed the Bookshop when concluding the contract and the Bookshop did not raise any objections as to their intended purpose;
d) the goods are lacking in properties about which the Consumer was assured of by the manufacturer or his or her representative, an entity which launches its product in the market under its business activity, and by an entity which by placing its brand name, logo or any other distinctive mark introduces themselves as the manufacturer, except when they were not aware of such assertions, and, judging reasonably, could not be aware of, or they could not impact the Consumer’s decision to enter into the purchase contract, or when their content was rectified before concluding the agreement.

§18

1. When making a complaint, the Consumer is asked to immediately return the defected goods to the Bookshop. The Bookshop does not accept, however, any complaint packages returned via COD. For identification purposes, the order number and a description of the defect should be enclosed with the goods complained about.
2. In case the complaint has been recognised, the costs incurred to have the defected goods returned to the Bookshop will be immediately reimbursed and transferred to the Client’s bank account, with the only provision that the costs reimbursed match the costs charged by Poczta Polska (Polish Post).
3. In case the complaint is recognised, the goods shall be exchanged into full value merchandise, and in case an exchange of the goods is not possible, the Bookshop shall reimburse the cost of the claimed goods
4. A complaint is recognised within 30 days since the date of its receipt; however, the Bookshop makes every effort to recognise complaints as quickly as possible. In case the Bookshop fails to respond to a complaint within 30 days after its receipt, the complaint is deemed to have been recognised. The Bookshop sends the Consumer a reply to his or her complaint on paper or another durable medium.
5. In case the complaint is not recognised, the goods are shipped back to the Client at his or her cost.
6. In case the complaint has not been recognised and the dispute remains unsolved, the Bookshop shall send the Consumer a statement on paper or another durable medium about:

a) an intention to apply for proceedings to solve consumer disputes out-of-court, including details about the authorised person within the meaning of the Act of 23 September 2016 on Out-of-court Settlement of Consumer Disputes, applicable to the Bookshop, or
b) oa refusal to participate in proceedings for the out-of-court settlement of consumer disputes.

In case the Bookshop has made no statement, as described in point 6 above, it is considered to have consented to take part in proceedings for the out-of-court settlement of consumer disputes.

§19

The number of items to be ordered is not restricted unless explicitly stated otherwise.

§20

1. The Client may consent to be sent commercial information, including by email, by clicking on a relevant box on the registration form. In case the Client has agreed to receive business information, he or she shall receive a Newsletter from the Online Bookshop by email.
2. The Client may at any time unsubscribe from receiving the Newsletter either via Customer Service Office or independently by unchecking a relevant box in the bookmark “My account” (“Newsletter personalisation” link).

§21

1. Under the provisions of the Act of 29 August 1997 on the Protection of Personal Data, the purchaser’s data shall be entered into the database of marszalek.com.pl solely to make orders and shall not be rendered accessible to third parties.
2. Each Client has, among other things, the right to access their data and alter or remove them under the provisions of the Act above.
3. Detailed rules for collecting, processing and storing personal data used in making orders by the Bookshop are provided in the Privacy Policy and Using Cookies bookmark, available here.

§22

Please, send any comments, propositions, complaints and petitions to:

Wydawnictwo Adam Marszałek
ul. Lubicka 44
87-100 Toruń
e-mail: info@marszalek.com.pl
tel.: 56 664 22 35 wew. 35 w godz. 8:00 – 16.00 (pon. - pt.).

These Terms and Conditions are valid from 1 October 2017.

Information on making complaints and the right to reimbursement