Regulations for the sale of books

in the Internet Bookstore

of the Publishing House of the Institute of Justice

 

 

§ 1. General provisions

 

  1. These Regulations (hereinafter also referred to as the “Regulations”) define the procedure for concluding and general conditions of sales contracts in the online bookstore of the Publishing House of the Institute of Justice.
  2. The terms used in the body of these Regulations shall have the following meaning:
  3. “The Publishing House” – it is understood as the Institute of Justice (an organizational unit of the State Treasury), ul. Krakowskie Przedmieście 25, 00-071 Warsaw)
  4. “Internet Bookstore “- it is understood as the application available via the website www.wydawnictwo.iws.gov.pl, with the use of which the Publishing House enables the purchase of books by Internet users;
  5. “Buyer” – it is understood as a natural or legal person or an organizational unit without legal personality, purchasing books from the Publishing House in the Internet Bookstore or undertaking activities aimed at concluding such an agreement through this Bookstore;
  6. “GDPR” is understood as the regulation of the European Parliament and of the Council (EU) 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 repealing Directive 95/46 / EC (general regulation on data protection).
  7. By making a purchase through the Internet Bookstore, you accept the terms of the sales contract specified in these Regulations.
  8. These Regulations are valid from 1 December 2019 and define the terms of all sales contracts concluded via the Internet Bookstore after that date.
  9. The Publishing House is entitled to amend these Regulations.

 

§ 2. General rules of using the Internet Bookstore

 

Processing of personal data

 

  1. Making purchases in the Internet Bookstore is possible at the Buyer’s choice – after the Buyer registers in the application available on this website (setting up a permanent Buyer’s account) or without the need for such registration. Registering in the Internet Bookstore makes it easier to generate new orders by automatically entering the Buyer’s data into the order after the so-called logging into the account assigned to him.
  2. The registration consists of saving in the Internet Bookstore application the basic data of the Buyer (indicated in section 5 below), necessary to complete the purchase transaction. These data are assigned to an account created for a given Buyer, which enables identification of activities undertaken by the Buyer via the Internet Bookstore. Access to the account is possible only after entering the identifier assigned to the account (a so-called login) and the correct password assigned to the given identifier.
  3. Each Buyer independently determines the password to access the account. Buyers are obliged to keep the password confidential. At the Buyer’s request, the account password created by him may be canceled. In this case, a temporary password will be sent to the Buyer’s e-mail address provided during registration, enabling the Buyer to log in to the account once using it. When logging in using a one-time password, the Buyer is obliged to create a new password (the Bookstore application will require this operation to be performed).
  4. A registered Buyer makes purchases after logging in to the Internet Bookstore by activating the Buyer’s account by entering the ID assigned to the account and the correct password.
  5. In order to make a purchase via the Internet Bookstore, the Buyer must provide the following data:
  6. the e-mail address of the Buyer or, in the case of legal entities and organizational units that are not legal persons, the e-mail address of the person authorized to purchase the publication on behalf of the Buyer;
  7. in the case of legal persons and organizational units that are not legal persons, the name and surname of the person authorized to purchase the publication on behalf of the Buyer;
  8. name and surname or name of the Buyer;
    d. address and place of residence or registered office of the Buyer;
    e. delivery address (where the publications purchased in the Internet Bookstore will be picked up) – if different from the address of the registered office or residence;
    f. tax identification number, for buyers other than consumers;
    g. phone number;
    h. login if the Buyer registers in the application available on the website of the Internet Bookstore (setting up a permanent Buyer’s account).
  9. The administrator of the Buyers’ personal data referred to in paragraph 5 is the Publishing House. The administrator can be contacted by phone: (22) 630-94-53 or via e-mail: Wydnictwo@iws.gov.pl.
  10. The publishing house has appointed a data protection officer (DPO) who can be contacted in matters related to the protection of personal data and the execution of related rights. For this purpose, it is possible to contact us by e-mail at the address lukasz.boryczka@iws.gov.pl, as well as by traditional mail to the address of the Publishing House.
    8. Customers’ personal data may be processed by the Publishing House for the purpose of:
  11. accepting orders and performing the sales contract (legal basis for data processing: Article 6 (1) (b) of the GDPR);
  12. enabling registration and service of an account set up in the Internet Bookstore (if the Buyer sets up such an account), (legal basis for data processing: Article 6 (1) (b) of the GDPR);
  13. considering complaints related to concluded contracts (legal basis for data processing: Article 6 (1) (b) of the GDPR);
    d. pursuing claims and defending against claims, which is the legitimate interest of the Publishing House (legal basis for data processing: Article 6 (1) (f) of the GDPR);
  14. fulfillment of legal obligations incumbent on the Publishing House, including tax and accounting regulations (legal basis for data processing: Article 6 (1) (c) of the GDPR).
    9. Personal data may be made available to entities authorized to receive them on the basis of legal provisions or contracts, including entities providing technical support for the Publishing House in running and maintaining, as well as developing the Internet Bookstore, such as: entities providing hosting services, providers of software for managing the Internet Bookstore, entities providing technical support for the Internet Bookstore software with which the Publishing House has concluded contracts for entrusting the processing of personal data.
    10. Personal data will be processed by the Publishing House for the duration of the concluded sales contracts and until their correct settlement, for the period of providing the services of the Internet Bookstore, and also until the potential claims resulting from the contracts indicated above are time-barred, and then until the obligation to store data resulting from the legal provisions expires.
  15. The person whose data is processed has the right to:
    a. access to the content of their personal data, demand their rectification or removal, on the terms set out in art. 15-17 of the GDPR;
    b. limitations of data processing, in the cases specified in art. 18 GDPR;
  16. transfer data, on the terms set out in art. 20 GDPR, i.e. for the data subject to receive their personal data from the Publishing House, in a structured, commonly used machine-readable format;
  17. object to the processing of personal data concerning them, in the cases specified in art. 20 GDPR;
    e. lodge a complaint with the President of the Personal Data Protection Office to the address of the President of the Personal Data Protection Office, ul. Stawki 2, 00 – 193 Warsaw.
    12. In order to exercise the rights referred to in para. 11 lit. a – d, please contact the Publishing House or the Data Protection Officer using the above-mentioned contact details.
    13. Providing personal data in relation to:
    a. Buyers who want to create an account in the Internet Bookstore – in order to register and set up an Account, it is necessary to provide data in the scope indicated in paragraph 5. Failure to provide this data will make it impossible to create an account, but the Buyer will still be able to make orders via the Internet Bookstore in the option without registering an account;
  18. Buyers who place orders via the Internet Bookstore – in order to submit and enable the publishing house to perform the order (and thus the sales contract), it is necessary to provide data in the scope indicated in paragraph 5 lit. a – g. Failure to provide this data will result in the inability to accept the order (and thus conclude a sales contract);
  19. Buyers who submit a declaration of withdrawal from the sales contract – in order to submit a declaration of will to withdraw from a distance sales contract, it is necessary to provide data in the following scope: name, surname, address, order number, bank account number. Failure to provide this information may prevent the effective submission of a declaration of will to withdraw from the sales contract, and failure to indicate the bank account number may prevent the refund;
  20. Buyers who submit complaints in connection with the concluded sales contract – in order to submit a complaint and allow it to be considered by the Publishing House, it is necessary to provide data in the following scope: name, surname, address, bank account number. Failure to provide this data will make it impossible to consider the submitted complaint.

 

§ 3. The mode of purchasing books through the Internet Bookstore

 

  1. The publication of books and other publications via the Internet Bookshop does not oblige the Publishing House to sell them. The presentation of this assortment does not constitute its sale offer within the meaning of the provisions of the Civil Code, but an invitation to conclude a contract.
  2. In order to make a purchase via the Internet Bookstore, the Buyer generates an “Order” in the application by adding to the so-called “Basket” the publications presented in the Bookstore, in the number of which they are interested. In addition to indicating the titles and the number of publications that the Buyer is interested in purchasing, in order to generate the Order, the Buyer also provides:
  3. information indicated in § 2 sec. 5 above (in the case of Buyers registered in the Internet Bookstore application, these data will be automatically entered into the Order after the Buyer logs into his account);
  4. possibly place of delivery of the purchased books other than the one indicated during registration.
  5. The order is considered completed after the Buyer provides the information indicated in the previous paragraph and performs the “Send Order” operation in the Internet Bookstore application.
  6. When creating the Order, the Buyer may also provide the data indicated in § 2 section 6 of these Regulations.
  7. Generating the Order by the Buyer shall be deemed an invitation to the Publishing House to submit an offer to sell the publications indicated in the Order.
  8. Placing an Order is considered as consent to the use of the Buyer’s e-mail in order to submit a proposal to conclude a contract.
  9. Immediately after the Order is placed by the Buyer, the Publishing House shall send an offer to sell the publications indicated in the Order to the Buyer to the e-mail address provided by the Buyer As far as it has resources, the Publishing House will offer the Buyer the sale of the publication in the number that is closest to that specified in the Order (but not higher than the number specified by the Buyer). The offer will specify in particular:
  10. the titles and the number of publications that the Publishing House can offer for sale;
    b. gross unit price for individual publications and the total price due to the Publishing House for all publications included in a given offer (including all its components – including taxes);
  11. payment (including taxes) for the delivery of the offered publications;
    d. the Publishing House’s bank account number to which the price and delivery costs should be paid;
    e. the date of delivery of the publication;
    f. the place of receipt of the publication by the Buyer, in accordance with the place specified by the Buyer in the Order;
  12. deadline for payment and binding with the Publishing House’s offer.
  13. The price indicated in the Publishing House’s offer may differ from the price presented via the Internet Bookstore when placing an Order by the Buyer, in particular due to the exhaustion of resources, obsolescence of information published via the said website, change in shipping costs, etc.
  14. The offer may only be accepted without reservations. Acceptance of the offer by the Buyer shall be made by payment, within the time limit specified in the offer, of the amount to the Publishing House’s bank account. It is recommended that the Buyer indicates the number of the offer received from the Publishing House in the title of the payment.
  15. The offer submitted to the Buyer is binding on the Publishing House within 5 days from the date of sending it to the Buyer. Payment made by the Buyer after that date shall be deemed to be an offer of purchase made by the Buyer, with the content identical to the previous offer of the Publishing House. The publishing house will accept this offer (selling publications that the Buyer is interested in), and in the event of exhaustion of these resources or changes in the price of the publication or its delivery costs – will return the amount paid to the Buyer to the bank account from which it was sent.
  16. In return for the purchased publications, the Buyer undertakes to pay to the Publishing House the price specified in the offer received from the Publishing House (or, respectively, the purchase offer submitted by the Buyer, in the event of delay in confirming the acceptance of the Publishing House’s offer). The buyer is obliged to pay the publishing house the costs of sending the publication indicated in the offer, together with the payment of the due price.

 

§ 4. Delivery

 

  1. Publications will be sent to the Buyer only after the due payment is settled.
  2. The publications purchased from the Publishing House may be delivered to the places specified in the Order in the territory of Poland and, if possible, also outside its borders (the possibility of delivering the book to the place indicated by the Buyer will be confirmed by the Publishing House in the offer sent in response to the Order).
  3. The Publishing House will send the publications to the Buyer to the place indicated in the offer, within the period specified in the offer, counted from the date of receipt of the agreed price. The Buyer is obliged to collect the Books from the above-mentioned places.
  4. If the Buyer specifies the delivery method in the Order as “personal collection”, the books may be collected by the Buyer in the Publishing House’s warehouse (address: ul. Krakowskie Przedmieście 25, 00-071 Warsaw). In this case, the Buyer is obliged to collect the books from the above-mentioned places no later than one month from the date of payment of the agreed price. With the expiry of the above-mentioned period, the Publishing House will be entitled to withdraw from a given sales contract, without setting an additional date for the Buyer. The declaration of withdrawal from the sales contract may be submitted to the Buyer via e-mail to the e-mail address provided by the Ordering Party, to which the offer was submitted.
  5. In other cases, the Publishing House will send the Book to the place of delivery selected by the Ordering Party, confirmed by the Publishing House in the offer, entrusting its transport to Poczta Polska S.A. or to another supplier agreed by the parties.
  6. The buyer (or the person receiving publications acting on his behalf) is obliged to acknowledge their receipt from the Publishing House.
  7. The Publishing House will be entitled to withdraw from the sales contract without setting an additional deadline in the event of:
  8. inability to deliver the parcel twice at the agreed place of its collection, due to the absence of the Buyer or other person who would undertake the delivery of the parcel to the Buyer, incorrect address, etc.;
  9. unjustified refusal to accept the parcel at the place of its receipt;
    The declaration of withdrawal may also be submitted to the Buyer via e-mail to the address to which the sales offer was previously delivered.
  10. In the event of withdrawal from the sales contract by the Publishing House in accordance with the provisions of sections 4 and 7 of this section, the Publishing House will refund the Buyer the received amount by bank transfer to the Buyer’s bank account from which it was sent. 9. Before collecting the parcel with books, the Buyer is obliged to check the packaging, quantity and condition of the publications issued by the Publishing House. The buyer will verify the above-mentioned circumstances with the content of the receipt (bill of lading) attached to the shipment. Any discrepancies in the above scope (i.e. reservations as to the condition, quantity or method of packaging or condition of the shipment), the Buyer will note in the receipt (waybill) attached to the shipment.

 

§ 5. Withdrawal from the contract

 

  1. The buyer who is a consumer within the meaning of generally applicable law, is entitled to withdraw from the sales contract concluded in accordance with these Regulations, without giving reasons, by submitting an appropriate statement within 14 days from the date of taking the publication into the possession of the Buyer or a third party indicated by him. To meet this deadline, it is enough to send a statement before its expiry.
  2. The right of withdrawal does not apply to the purchase of magazines sold via the Internet Bookstore.
  3. In the event of withdrawal from the contract by the Buyer who is a consumer, the Publishing House shall return the amount received from such Buyer, including the costs of delivering the item (except for additional costs resulting from the method of delivery chosen by the Buyer other than the cheapest standard delivery method offered by the Publishing House), immediately, and in any case no later than 14 days from the date of receipt of the declaration of withdrawal. The payment shall be reimbursed using the same payment methods that were used by the Buyer when making the purchase, unless the Buyer, the consumer expressly agrees to a different solution.
  4. The buyer, the consumer who withdraws from the contract, is obliged to return the publications to the Publishing House’s magazine indicated in § 4 section 4, no later than within 14 days from the date on which he withdrew from the contract. The costs of returning the publication are borne by the Buyer.
  5. The publishing house may withhold the reimbursement until receipt of the publication or until proof of their return is provided, whichever occurs first.
  6. The buyer is responsible for reducing the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.

 

§ 6. The rules and methods of preserving, securing and sharing the content of the contract. Technical measures for detecting and correcting errors.

 

  1. The content of the sales contract concluded between the Buyer and the Publishing House is recorded, secured and made available to the Buyer by sending the Publisher’s offer via e-mail along with these Regulations and keeping the above correspondence in the IT system of the Publisher and the Buyer.
  2. In order to detect and correct any errors in the transaction, the staff of the Publishing House verifies the offer sent to the Buyer with the content of the Order received. However, buyers are advised to verify again that the content of the offer received corresponds to their intention to purchase before making the payment.
  3. The Internet bookstore is run in Polish. The sales contract concluded through the Bookstore is concluded in Polish.

 

§ 7. Complaints

 

  1. All complaints regarding sales contracts concluded in accordance with these Regulations may be submitted to the Publishing House in writing to the following address: Krakowskie Przedmieście 25 00-071 Warszawa, or by e-mail to the following address: publishing@iws.gov.pl.
  2. Complaints may relate in particular to the rights exercised by the Buyers with the warranty of sale, delay in the delivery of goods, etc.
  3. In order to enable the Publishing House to review the complaint, the Buyers are asked to send together with the complaint the documents identifying the transaction to which the complaint relates, including a VAT invoice, an offer submitted by the Publishing House or confirmation of payment.
  4. If there is a suspicion that a defect in the publication arose when it was sent to the Buyer, the Buyer will indicate and substantiate this circumstance in the complaint (in particular, by sending a receipt for receipt of the shipment, signed by the person delivering it at the request of the Publishing House, along with a note about its damage or improper condition).