Terms and conditions

Terms & Conditions of the Internet Platform POLONIA CANTAT Choir Festivals and Tours

§ 1. GENERAL INFORMATION

1.     The internet platform of Polonia Cantat, available at https://sklep.poloniacantat.pl/, is run by MELODY Maciej Przerwa with headquarters at ul. Ogrodowa 27A, 05-500 Józefosław, Poland, NIP: 951-184-75-35, REGON: 141302602, travel agency licence no. 1023  – the Register of Tourism Entrepreneurs

2.     These Regulations define the principles of the Platform’s operation, including the rules for placing orders by Customers for services available on the Platform, the rights and obligations of the Customer and the Administrator, conditions for concluding and terminating Sales Agreements, withdrawal from the Sales Agreement, complaint procedure and data protection rules personal. These Regulations apply to all customers, including those who place orders. Each user of the Platform is obliged to read the Regulations and comply with its provisions.

3.     The sale of services made available on the Platform takes place via the Internet in the form of a Distance Sale Agreement between the Customer and the Seller, in accordance with applicable law, in particular the Act of 30 May 2014 on consumer rights and the Civil Code.

4.     To use the Platform and placing orders for services available in it, it is necessary:

a)     a computer, laptop or other multimedia device with access to the Internet;

b)     Internet browser;

c)     enabling cookies;

d)     an active e-mail account (e-mail address).

§ 2. DEFINITIONS

Whenever the following terms are used in these Regulations, they should be understood as:

Administrator / Seller – MELODY Maciej Przerwa with headquarters at ul. Ogrodowa 27A, 05-500 Józefosław, Poland, NIP: 951-184-75-35, REGON: 141302602, travel agency licence no. 1023  – the Register of Tourism Entrepreneurs, owner and administrator of the https://sklep.poloniacantat.pl/ internet platform;

Platform – an internet platform run by the Administrator, available under the internet domain https://sklep.poloniacantat.pl/

Customer – a natural person who is 18 years of age, as well as a legal person or an organizational unit not having legal personality, the law of which grants legal capacity, which uses the Platform, in particular, which, on the terms set out in these Regulations, places an order for services available on the Platform;

Consumer – a Customer who is a natural person, making purchases on the Platform in the scope not directly related to his business or professional activity (in accordance with Article 221 of the Act of 23 April 1964 Civil Code, consolidated text Journal of Laws of 2014, item 121 as amended);

Order – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Sales Agreement with the Seller.

Account – customer’s account on the platform, it contains data provided by the Customer, information about Orders placed by him and purchased on the Platform Services;

Order form – an interactive form available on the platform that allows you to place an Order and make payments.

Service – a service available on the Platform that is the subject of the Sales Agreement between the Customer and the Seller.

Sales Agreement – a sales contract of the conference or training, concluded between the Customer and the Seller via the Internet Platform.

Terms & Conditions – these Regulations of the Internet Platform https://sklep.poloniacantat.pl/

§ 3. REGISTRATION & ORDER

1.     In order to register (create an Account), fill in completely and truthfully, providing your name and surname, e-mail address, telephone number, accept the Platform Regulations and consent to the processing of personal data in to the extent necessary for the correct implementation of services provided electronically and for the correct implementation of the Customer’s Orders.

2.     The administrator does not control or verify the identification data of the Clients included in the registration form. The data indicated in the registration form as mandatory are necessary to create an Account and to properly perform the Order.

3.     Upon registration, the Customer accepts all the provisions of these Regulations and submits a declaration of will and knowledge regarding the knowledge of the Regulations and compliance with all requirements and conditions specified in the Regulations. The customer declares that the data provided by him during the registration process are true.

4.     The data provided by the Customer during the registration process, including personal data, will be processed by the Administrator on the terms set out in § 8 below and in the Privacy Policy.

5.     The Administrator reserves the right to use the e-mail address provided by the Customer to communicate with the Customer in order to verify the status of his Account, as well as in other matters related to the functioning of the Platform and / or the Administrator’s provision of services to the Customer under the Platform ( in particular, to send notifications about significant changes to the Platform or messages about the technical condition of the Platform) and for purposes related to the Order placed by the Customer.

6.     To place an order:

a)     select the service that is the subject of the Order,

b)     complete the Order form,

c)     provide the invoice data, if a VAT invoice is to be issued to the Customer;

d)     select the form of payment;

e)     confirm the Order

§ 4. SALES AGREEMENT

1.     The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form on the Platform.

2.     After placing an Order the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is sent by the Seller to the Customer’s e-mail address given during the placement of the Order, which contains at least the Seller’s statements on receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message the Sales Agreement between the Customer and the Seller is concluded.

3.     The Customer is obliged to make the payment within 3 calendar days from the conclusion of the Sales Agreement – otherwise the order will be cancelled.

4.     The Customer may choose the following forms of payment for the services he has ordered: bank transfer, electronic transfer or credit card via the fast Internet payment system available on the Platform. In all cases the platform redirects to PayU Service payment system. The entity providing the PayU service, hereinafter referred to as the “PayU Service” to the Customers is PayU S.A. located in Poznań, 60-324 Poznań, at Marcelińska 90 Street, entered in the register of entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register (Sąd Rejonowy Poznań – Nowe Miasto i Wilda w Poznaniu, Wydział VIII Gospodarczy Krajowego Rejestru Sądowego) under the number 0000274399, with the share capital in the amount of PLN 4,000,000 fully paid up, holding NIP: 779-23-08-495, hereinafter referred to as the “Payment Operator”. In providing the PayU Service, the Payment Operator acts as a payment service provider within the meaning of the Payment Services Act of August 19, 2011 (Journal of Laws 2011.199.1175, as amended). The body that supervises the Payment Operator is the Financial Supervision Commission (Komisja Nadzoru Finansowego).

§ 5. COPYRIGHTS

1.     Any materials (photographs, concert programs, festival programs, tours programs) presented and made available to the Customer by the Seller are protected by copyright and are the intellectual property of the Seller and as such are legally protected. These materials may not be distributed, made available or reproduced without the written consent of the Seller. It is prohibited to make the Account available to other persons.

2.     The purchase of the service is not tantamount to receiving any copyrights to the materials or software on the Platform.

§ 6. TERMINATION AND WITHDRAWAL FROM THE AGREEMENT

1.     The Agreement terminates at the end of the time for which the service was made available to the Customer by the Seller.

2.     The Customer who has concluded a remote agreement with the Seller, has the right to withdraw from the Agreement without giving any reason within 14 days from the date of conclusion of the Agreement, subject to paragraph 3.

3.     The Customer shall not have the right to withdraw from the Agreement concluded remotely in relation to agreements for the supply of digital content which is not recorded on a tangible medium, if the provision of services has begun with the Customer’s explicit consent before the expiry of the deadline for withdrawal from the Agreement and after the Seller has informed the Customer about the loss of the right to withdraw from the Agreement.

4.     The commencement of the Seller’s services shall be deemed to be the time of the first use of the service after payment of the fee.

5.     By making the payment and logging into his/her Account, the Customer declares that, in accordance with Article 15, paragraph 3 of the Act on Consumer Rights, he/she requests to begin the provision of services covered by the order before the expiry of the deadline for submitting the statement of withdrawal from the Agreement, and therefore acknowledges the fact that if he/she exercises his/her right to withdraw, he/she will be obliged to pay the remuneration for the services performed until the time of withdrawal.

6.     In order to withdraw from the Agreement, the Customer must inform the Seller about his decision to withdraw from the Agreement by an unequivocal statement, e.g. in the form of an e-mail, before the expiry of the deadline referred to in section 2 above.

7.     In the case of withdrawal from the agreement, the Seller shall return to the Customer all payments received from the Customer immediately, no later than 14 days from the day on which the Seller was informed about exercising the right of withdrawal.

§ 7. COMPLAINTS

1.     Complaints relating to non-performance or improper performance of the Agreement by the Seller should be reported to the e-mail address: info@poloniacantat.pl.

2.     The complaint should include:

a)     name and surname, address of residence or name and registered office of the Customer;

b)     definition of the subject matter of the complaint;

c)     title of the service and payment transaction identifier;

d)     presentation of circumstances substantiating the complaint and attachment of all documents and information proving the legitimacy of the complaint claims;

e)     the date of conclusion of the Agreement;

f)      specification of the demand made in connection with the complaint.

3.     Complaints shall be considered without delay, but no later than within 14 days of receipt.

4.     The complaint should be submitted in writing or electronically to the addresses given in these Terms and Conditions of the Seller.

§ 8. PERSONAL DATA PROTECTION

1.     By placing an order, the Customer agrees to place their Data in the database of the Seller and their processing for the purpose of implementation of the Agreement and the complaint process.

2.     Providing the data by the Customer is voluntary, but the lack of consent to process them prevents the Seller to fulfill the order.

3.     Data administrator is the Seller.

4.     Data are protected under the Act of 29.08.1997 on the protection of personal data in a manner that prevents access by third parties.

5.     Providing personal data is voluntary. Each person whose personal data is processed by the Seller has the right to inspect its content and the right to update and correct it and to demand its deletion. Any specific issues related to personal data protection, the way of processing them and the cookie policy are regulated in the Privacy Policy located on the website: https://sklep.poloniacantat.pl/privacy-policy/

§ 9. FINAL PROVISIONS

1.     Agreements concluded through the Internet Platform are concluded in English.

2.     Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as: changes in laws, changes in methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.

3.     In matters not covered by these Terms and Conditions generally applicable provisions of Polish law, in particular: Civil Code; Act on providing electronic services; Act on consumer rights, Act on personal data protection.

4.     The Customer has the right to use out-of-court complaint and claim procedures. For this purpose, he can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.