Polvinyl Sp. z o.o.
§1. GENERAL PROVISIONS
- These rules explain how to sell vinyl records and digital records (NFT) on the website https://polvinyl.pl, which is run by the Polvinyl Limited Liability Company based in Katowice (40-048) at ul. Tadeusza Kościuszki 43/10. The company is registered with the National Court Register by the District Court Katowice Wschód in Katowice, VIII Economic Division of the National Court Register under number 0000959666, NIP 6343007921, REGON 521496093, and has PLN share capital. b) Conditions for providing electronic services as referred to in Art. 8 Sec. 1 of the Act on the provision of electronic services, including the scope and conditions for providing electronic services, as well as the principles of using the functionalities made available to customers within the platform, including the rights and obligations of customers and sellers in this regard.
- Placing an order through the order forms available on the platform is equivalent to submitting an offer within the meaning of the provisions of Art. 66 and 661 of the Civil Code, supplemented by the provisions of this Regulation. To avoid any doubts, the seller confirms the acceptance of the offer, concluding the sales agreement.
- The information on the platform regarding products invites the conclusion of a contract, as defined in Art. 71 of the Civil Code.
- The condition for the customer to use the platform and the electronic services available on it, as well as to conclude sales agreements, is for the customer to familiarize themselves with the regulation and accept its content.
- By accepting the regulation, the customer declares that they have read its content and accepted its provisions.
- The terms used in this regulation, written in both lowercase and uppercase, have the following meanings:
- Order form: an interactive form available on the platform enabling the placement of an order, in particular by adding products to the cart and specifying the conditions of the sales agreement, including the method of delivery and payment.
- The consumer, who is a natural person, contracts with the seller within the platform, and the subject matter of the contract is not directly related to their business or professional activity.
- Cart: an element of the platform’s software where selected products for purchase are visible, and there is also the possibility of specifying and modifying order details, especially the quantity of products.
- Customer: any entity making purchases through the store.
- Platform: an online service operated by the seller at the internet address https://polvinyl.pl, allowing the purchase of products offered by the seller.
- Products: vinyl records, digital records (NFT), and combo sets offered for sale by the seller on the platform and described in detail as the subject of the sales agreement between the customer and the seller.
- Entrepreneur: An entrepreneur refers to a natural person, legal person, or organizational unit (not being a legal person) that is granted legal capacity by a separate law. They carry out business activities on their own behalf using the store.
- Pre-sale: means a sales agreement under which the seller undertakes to transfer ownership of the product before introducing copies of that product into circulation.
- Regulation: this platform regulation.
- Seller: Polvinyl Limited Liability Company based in Katowice (40-048) at ul. Tadeusza Kościuszki 43/10, registered in the National Court Register by the District Court Katowice Wschód in Katowice, VIII Economic Division of the National Court Register under number: 0000959666, NIP 6343007921, REGON: 521496093, share capital: PLN 5,000.
- Digital content: data produced and delivered in digital form.
- Goods with digital elements are goods that either contain digital content or digital services, or are connected to them in such a way that their proper functioning would be hindered if there was a lack of digital content or digital service.
- The Sales Agreement is a contract that the customer and the seller conclude through the platform for the sale of a product. The sales agreement also includes, depending on the characteristics of the product, a service contract and a contract for a work, as well as a contract for the delivery of digital content.
- Within an organized system of concluding distance contracts (within the store), the seller uses exclusively one or more means of distance communication to conclude a distance contract with the customer, without the simultaneous physical presence of the parties.
- The customer makes a declaration of will using the Order Form, directly aiming to conclude a sales agreement for the product or products with the seller.
Contact with the seller is possible via:
- email us at the address: email@example.com;
- phone at: +48-730-145-728.
- by mail to the address: Polvinyl Sp. z o.o., 40-048 Katowice, ul. T. Kościuszki 43/10.
§4. USE OF THE POLVINYL.PL PLATFORM AND REGISTRATION
- Browsing the platform and the products offered on it, as well as making purchases on it, does not require the use of a separate account.
- Placing an order does not require registration on the platform and the creation of a separate account.
- Regardless of the method of placing an order, the customer must have an email address that allows for the identification of the order and its confirmation by the seller.
- The seller allows the customer to familiarize themselves with the regulations while using the platform and placing an order. Familiarization with the regulation and its acceptance is a necessary condition for making a purchase on the platform.
- During the purchase, the customer may give the seller consent to process their personal data for marketing purposes by checking the appropriate statement in the order form and confirming familiarity with the platform’s regulations.
- The customer can place an order following the rules indicated in § 5 below.
§6. PAYMENTS AND DELIVERY
- The customer specifies the method of payment when placing an order. The seller provides the customer with payment methods for the sales agreement, including fast bank transfers and credit card payments through authorized services.
- In the case of the customer choosing electronic payments or credit card payments, the customer is obliged to make the payment within 48 hours from the moment of concluding the sales agreement. Failure to make the payment, despite the expiration of the deadline, constitutes grounds for terminating the sales agreement. The customer may also cancel the order within the specified period without consequences.
- If the customer does not make the payment within the specified period mentioned in point 2 above, we will inform them about the cancellation of the order through an email sent to the email address provided in the order. The delivery of products, including vinyl records and USB memory drives, is carried out by the seller within Poland and abroad through courier services selected by the customer in the order form. Customers may choose different options for delivery, which can affect the method and timing of the shipment.
- The customer must inspect the delivered package upon receiving the shipment. In case of damage or loss to the shipment, the customer is entitled to request that the courier prepare an appropriate protocol.
- For digital items (NFT) stored in a form other than a USB drive, delivery occurs according to §7 para. 4 below.
§7. AGREEMENT FOR DELIVERY OF DIGITAL CONTENT
- Some of the products available on the platform are digital records or other digital assets in the form of NFT tokens, i.e., digital content. Customers can access the files and use them after purchasing the digital assets, which are delivered as goods with digital elements.
- Orders involving digital goods in the form of NFT digital records are subject to the provisions of §5 and §6 above, with the exception of different provisions in this paragraph.
- Upon payment of the order, the customer concludes the agreement for the delivery of digital content.
- We will send an email with access links to the folder containing the digital files to provide the customer with digital records and other digital content (NFT). The customer will receive the email on the same day the shipment containing the vinyl record is dispatched—in the case of purchasing a package including both the product and digital content—or—in the case of choosing only digital content—on the day of issuing the record. The NFT digital record is considered delivered when it has been made accessible to the customer in a way that allows downloading it from the seller’s server.
- If the seller does not deliver the NFT digital record within the deadlines specified in paragraph 4 above, the customer urges the seller for its immediate delivery. If the seller still does not deliver the NFT digital record despite the customer’s request, the customer may withdraw from the agreement for the delivery of digital content.
§8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- The consumer customer has the right to withdraw from a distance or off-premises sales agreement without giving a reason within 14 days from the day: – for an agreement under which the Seller does not transfer ownership of the product but is obliged to transfer its possession – from taking possession of the goods by the customer or a third party indicated by them other than the carrier, and in the case of an agreement that: –covers multiple products delivered separately, in batches, or in parts – from taking possession of the last item, its batch, or part, – involves regular delivery of goods for a specified period – from taking possession of the first of the items; – for other agreements – from the day of the agreement.
- The consumer customer may withdraw from the agreement by submitting a statement of withdrawal to the seller. To do this, the consumer can use the withdrawal form attached to the regulations and send the completed statement to the seller’s email address, firstname.lastname@example.org. Sending the statement before the deadline is sufficient to meet the deadline.
- After receiving the customer’s withdrawal statement, as mentioned in point 2 above, the seller will immediately confirm receipt of the statement by sending an email to the customer’s email address.
- The seller will refund all payments made by the customer, including the delivery costs of the goods, without undue delay and no later than 21 days from the day of receiving the customer’s statement of withdrawal. The seller will make the refund using the same payment method that the customer used, unless the customer expressly agrees to a different method that does not involve any costs for them.
- If the customer chooses a delivery method other than the cheapest standard delivery offered by the seller, the seller is not obliged to reimburse the additional costs incurred by the customer.
- The seller may withhold the refund until receiving the goods back or until the customer provides proof of sending them back, whichever occurs earlier.
- If a customer withdraws from a distance or off-premises agreement, the agreement is not considered concluded. If the customer submitted a withdrawal statement before the seller accepted their offer, the offer ceases to be binding.
- The consumer is responsible for reducing the value of the product resulting from using it in a way exceeding what is necessary to establish the nature, characteristics, and functioning of the product.
- The right to withdraw from the agreement is excluded in the case of sales agreements specified in art. 38 of the Consumer Rights Act, in particular in the case of: a) services for which the consumer is obliged to pay, if the entrepreneur has fully performed the service with the explicit consent of the consumer, who was informed before the start of the service that, after the performance of the service by the entrepreneur, they will lose the right to withdraw from the agreement, and has accepted this condition; b) where the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy their individual needs; c) where the subject of the service is an audio or visual recording or computer software delivered in a sealed package, if the package has been opened after delivery; d) for the delivery of digital content not stored on a tangible medium, if the consumer has agreed to the commencement of the service before the expiry of the withdrawal period and has been informed by the entrepreneur about the loss of the right to withdraw from the agreement.
- The consumer customer may withdraw from the agreement for the delivery of digital content if: a) it is clear from the statement of the seller or the circumstances that the seller will not deliver the digital content; or b) the customer and the seller have agreed, or it is clear from the circumstances, that the specified delivery time of the digital content was essential to the customer and the seller did not deliver the digital content on time.
- In the case of withdrawal from the agreement for the delivery of digital content, as mentioned in point 10, Article 32a of the Consumer Rights Act applies.
§9. COMPLAINTS AND PRODUCT RETURN
- The seller is obliged to deliver a product free from physical and legal defects.
- The Seller must be responsible to the Customer for any lack of conformity with the Sales Agreement that exists at the time of delivery and is revealed within 2 years from that moment, unless the Seller specifies a longer shelf life for the product.
- In the case of digital content, the seller is responsible for the lack of conformity with the sales agreement for digital content that existed at the time of its delivery and was revealed within 2 years from that moment. It is presumed that the lack of conformity of digital content, revealed within one year from the date of its delivery by the seller, existed at the time of its delivery.
- The presumption mentioned in point 3 above does not apply if: a) the technical environment used by the Customer for Digital Content is not in line with the technical requirements that the Seller informed about before concluding the Sales Agreement for Digital Content, b) the Customer did not check whether the lack of conformity of the Digital Content with the agreement results from the characteristics of the Customer’s digital environment, despite receiving clear and understandable information from the Seller before concluding the agreement about the need to cooperate with the Seller to check whether the lack of conformity of the Digital Content delivered to the Customer results from the characteristics of that environment.
- If the product is not in conformity with the sales agreement, the customer is entitled to request its repair or replacement with a new one.
- If digital content is not in conformity with the agreement for the delivery of digital content, the customer may request to bring it into conformity with the agreement.
- A complaint about the product or digital content, as well as both of these products together, should include a description of the complaint and a document confirming the purchase of the complained product (invoice, receipt, confirmation of payment from the bank account, credit card payment statement, etc.). Complaints can be submitted by email to email@example.com or in writing to the seller’s address specified in §3 above.
- Upon receiving the complaint: a) The seller may replace the product if the customer requests a replacement, if bringing the product into conformity with the agreement in a manner indicated by the customer is impossible or would require excessive costs on the part of the seller. b) If the replacement of the product is not possible, the seller may refuse to bring the product into conformity with the sales agreement. c) The seller may refuse to bring digital content into conformity with the agreement if it is impossible or involves excessive costs on the part of the seller.
- When assessing the excessive costs for the seller, all circumstances related to the specific case are taken into account, in particular the significance of the non-conformity of the product or digital content with the agreement, their value in the case of conformity with the agreement, and excessive inconveniences in the case of changing the method of bringing the product or digital content into conformity with the agreement.
- Repair, replacement of the product, or bringing digital content into conformity with the agreement is carried out by the seller in a reasonable time, counting from the moment when the seller received information from the customer about the lack of conformity of the product or digital content with the agreement, as well as without excessive inconveniences for the customer, taking into account their specificity, nature, and purpose of use. The costs of replacement or bringing digital content into conformity with the agreement are borne by the seller.
- If the Product or Digital Content is not in conformity with the Agreement, the Customer may submit a statement of a price reduction or withdrawal from the agreement when: a) The Seller refused to bring the Product or Digital Content into conformity with the Agreement, b) The Seller did not bring the Product or Digital Content into conformity with the Agreement, c) Bringing Digital Content into conformity with the Agreement requires excessive costs or is impossible, d) The Product or Digital Content is still not in conformity with the Agreement, despite the Seller’s attempt to bring them into conformity, e) The lack of conformity of the Product or Digital Content with the Agreement is so significant that it justifies a request for a price reduction or withdrawal from the agreement without prior notification of the request for replacement or bringing the Product or Digital Content into conformity with the agreement. f) The seller has clearly stated that they are unable to bring the product or digital content into conformity with the agreement.
- The amount of the reduced price must be proportional to the difference between the product or digital content in conformity with the agreement and the value of the product or digital content not in conformity with the agreement.
- In the case of a request for a price reduction, the seller will refund the amount corresponding to the reduced price to the customer immediately, no later than 14 days from the day of receiving the customer’s statement of a price reduction.
- In the case of withdrawal from the agreement for digital content, the seller may request the return of the physical medium on which they delivered the digital content within 21 days from the day of receiving the customer’s statement. The customer will return it at the seller’s expense immediately after submitting the statement.
- The refund will be made using the same payment method that the customer used, unless the customer agrees to a different method that does not involve any costs for them.
- The possibility of withdrawing from the agreement due to the non-conformity of the product or digital content with the agreement is excluded if this non-conformity is immaterial.
§10. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS SETTLEMENT AND ACCESS TO THESE PROCEDURE
- Detailed information regarding the consumer’s ability to use out-of-court methods for handling complaints and pursuing claims, as well as the rules for accessing these procedures, is available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following exemplary options for using out-of-court methods for handling complaints and pursuing claims:
- Consumers have the right to request settlement of disputes arising from agreements with sellers by applying to a permanent consumer arbitration court, as stated in art. 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2020, item 1706).
- According to Art. 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2020, item 1706), the Consumer can apply to the Voivodeship Inspector of Trade Inspection to initiate mediation proceedings for the amicable resolution of a dispute between the Consumer and the Seller.
- The consumer may obtain free assistance in resolving a dispute between them and the seller, also using the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation and the Polish Consumer Association).
- Customers have the right to utilize alternative dispute resolution methods, such as mediation. The presidents of the relevant district courts make lists of mediators and mediation centers available.
- Additionally, the consumer can file a complaint through the European ODR platform, which serves for out-of-court resolution of complaints and claims and is available at the address: http://ec.europa.eu/consumers/odr/.
§11. PROVISION OF ELECTRONIC SERVICES
- Within the operation of the platform, the seller provides the following electronic services: a) Order Form; b) Contact Form; c) Newsletter.
- All electronic services are provided free of charge to customers and users of the website.
- The condition for the customer to use electronic services is to meet the following technical requirements: a) a computer, laptop, or other multimedia device with internet access; b) having an active email account. c) using one of the following web browsers: Mozilla Firefox version 17.0 and higher, Internet Explorer version 11.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 13.1.1 and higher, or Microsoft Edge version 25.10586.0.0 and higher; d) accepting cookies used by the platform and landing page through which the customer uses the above-mentioned web browser.
- It is prohibited for the customer to provide content of an unlawful nature while using electronic services.
- The seller reserves that, due to the public nature of the Internet, used also for connection to the platform and data transmission, including email, the provision of services electronically may involve standard risks, which the customer accepts. Given the specific nature of possible threats, the seller does not guarantee complete security of website use. To minimize risk and increase security, the seller recommends that customers use measures to protect the end devices they use for browsing and making purchases on the platform, including implementing access control mechanisms, installing antivirus software, updating the operating system, and connecting end devices only to trustworthy wireless networks.
- The Order Form service involves providing customers with a module allowing them to place an order without the need for prior registration. Any customer who enters the data required to process the order, i.e., name, surname, email address, phone number, delivery address, residence or business address (if different from the delivery address), country, and cryptocurrency wallet address, can use the Order Form service. In the case of a customer who is a business entity, providing the NIP number is required. Additionally, in the order form, the customer selects the payment method and form of product delivery. After completing the order form, the seller confirms the submission of the order by sending an email to the address specified in the form.
- Upon receiving the request, the seller will delete customer data processed in connection with the fulfillment of orders and other services provided electronically, with the proviso that data regarding completed orders may be subject to archiving and storage by the seller until the expiration of the limitation periods for claims arising from concluded sales agreements.
- The Contact Form service enables customers to send an email message to the seller through this form and requires the customer to provide an email address and name for the seller to respond to the inquiry sent through the form. An agreement for the provision of the Contact Form electronic service is concluded for a fixed period until the time of responding to the customer’s inquiry.
- The newsletter service is provided to the customer, who enters their email address and name in the subscription form. The subscription form is available at https://polvinyl.pl/kontakt/ on the main part of the platform. After registration, the customer will receive an email containing a confirmation link, which must be activated by clicking on it. The agreement for the provision of the newsletter service is concluded upon activation of the subscription.
- The agreement for providing the newsletter service electronically is concluded for an indefinite period and can be terminated at any time at the customer’s request, expressed by clicking on the link canceling the newsletter subscription contained in each email containing the newsletter sent to the email address specified by the customer in the subscription form.
- All complaints regarding the use of electronic services can be filed by the customer in accordance with §12 below.
§12. COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES
- The customer is entitled to file a complaint regarding matters related to the provision of electronic services covered by the regulations. The complaint should specify, in particular: a) the customer’s email address; b) a description of the problem that is the basis for the complaint.
- Complaints that do not contain the data indicated in Paragraph 1 above will be left without consideration.
- User complaints should be addressed to the seller at its registered office, i.e., Tadeusza Kościuszki 43/10, 40-048 Katowice, or at the email address: firstname.lastname@example.org.
- Complaints will be considered within 14 days of their receipt by the seller, no later than within 14 days from the date of clarification of circumstances necessary for their resolution. The seller will inform the customer immediately about the method of handling the complaint through the email address indicated in the complaint.
§13. PROCESSING OF PERSONAL DATA
- The administrator of the personal data of customers collected through the platform is the seller.
§14. FINAL PROVISIONS
- The seller reserves the right to make changes to the regulations for valid reasons, i.e., changes in legal regulations or changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of this regulation. The seller will inform the customer about each change at least 7 days in advance.
- Matters not regulated in this Regulation are subject to the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the provision of electronic services; the Consumer Rights Act; and the Personal Data Protection Act.
- This regulation shall enter into force on January 1, 2023.