[consolidated version of 3 March 2021]

Terms and Conditions concerning the use of the Online Bookstore
of the State Museum at Majdanek

Attention! Due to the ongoing COVID-19 pandemic and the resulting changing in the museum’s functioning,
the order processing time, defined in §6.1, may be extended.

§ 1
Preliminary provisions

1. The present terms and conditions contain:

a)      Rules concerning Sales Agreements

b)      Terms concerning the dissolution of the Sales Agreements

c)      Conditions of providing online services

All of the above are applied within the use of the online bookstore available at ksiegarnia.majdanek.eu and operated by the State Museum at Majdanek located at Droga Męczenników Majdanka 67 St. 20-325 Lublin, Poland; enlisted at number P-0276096-3400000053-1-831-43101 in the register of National Cultural Institutions as attested by registration book RNIK 30/92 , NIP (Polish tax identification number) 946-00-01-052, REGON (Polish statistical registry number) 000276096; hereafter referred to as the seller.

1. Anyone using the online bookstore must accept the present Terms and Conditions
2. The Terms and Conditions together with any implemented alterations are available at ksiegarnia.majdanek.eu.

§ 2
Definitions

1. Price – gross price available among the information about the Product, Delivery Cost is not included in the Price.
2. Order Fulfilment – the time necessary for the seller to acknowledge the Order and to prepare and send the Products.
3. Deliverer – Poczta Polska S.A. – Polish postal services or InPost sp. z o.o.
4. Proof of Purchase – the original VAT invoice copy delivered with the Products.
5. Online Order Form – the form available at the Online Bookstore’s website
   used to place Orders.
6. Client – a natural person who is over 18 years old, a legal person, and/or business unit without the status of legal personality, that places an Order.
7. Consumer – a Client, who is a natural person and conducts a purchase excluding any of their economic activities.
8. Delivery Cost – the cost of the Products’ delivery set by the Deliverer.
9. Cart – a feature of the Online Bookstore wherein the Products selected by Clients are displayed.
10. Online Bookstore – the online service available at ksiegarnia.majdanek.eu that the Clients use to purchase Products.
11. Statement – the statement of withdrawal from a distance sales contract.
12. Order Confirmation – an e-mail sent to the Client’s e-mail address confirming the Order placing.
13. Entrepreneur-Consumer - an individual entrepreneur who concludes a contract as part of their enterprise and directly related to the business activity, though simultaneously not of a professional nature as determined by insight into the Central Register and Information on Economic Activity.
14. Terms and Conditions – Terms and Conditions concerning the use of the Online Bookstore of the State Museum at Majdanek.
15. Products – books, DVDs, and other items sold via the Online Bookstore.
16. Digital Content – the content produced and distributed exclusively in electronic form, provided by the seller via Online Bookstore for a given Price. No physical copy or goods are included. Whenever Products are mentioned in the Terms and Conditions, the applied terms concern their Digital Content form as well, unless stated otherwise.
17. Digital Content Distribution Agreement – an agreement concluded remotely and incorporating the distribution of Digital Content to the Clients by the seller for a Price. Whenever the terms concern the Sales Agreement it concerns the Digital Content Distribution Agreement as well, unless stated otherwise.
18. Sales Agreement – legally binding contract based on art. 535 of the Civil Code.
19. Order Value – the sum of the Products Prices and the Delivery Cost.
20. VIES Number – the electronic means of validating VAT-identification numbers of economic operators registered in the European Union for cross border transactions on goods or services.
21. Order – a declaration of intent made through Online Bookstore by Clients wherein they state their choice of Products and their quantity.

§ 3
Concluding Sales Agreements, Order Cancellation, Order Processing

1. The seller informs about the following requirements that must fulfilled to conclude Sales Agreements via Online Bookstore:

a)      The Internet connection

b)      Using appropriate software in order to access the Online Bookstore

1. All the information published in the Online Bookstore concerning the Products (including the adverts, price tags, and descriptions) constitute commercial information and are not an offer within the meaning of law, instead being an invitation to Conclude Sales Agreement bounded by the letter of the Terms and Conditions.
2. Declarations of intent are concluded electronically, in particular via e-mails.
3. Placing an Order requires providing personal data every time.
4. Sales Agreements are concluded only according to the commercial information included in the Online Bookstore.
5. Concluding Sales Agreements requires preliminary personal data provision:

a)      Through filling in the Online Order Form available at ksiegarnia.majdanek.eu

b)      Via telephone, but obligatorily preceded by the exchange of confirmations via e-mail contact with kiosk@majdanek.eu

c)      The Orders in the Online Bookstore can be placed 24/7 all year long, with the proviso that any Orders placed after 4 PM and during holidays are considered as placed on the next business day.

1. The seller informs about the availably and prices of the Products in the descriptions and next to the photographs of the given Products.
2. The Prices of Products in the Online Bookstore:

a)      Are given in PLN and are gross prices

b)      Do not include Delivery Costs

1. Concluding Sales Agreements requires following the procedure determined at ksiegarnia.majdanek.eu
2. The costs concerning the Order are displayed by the seller in the Cart, available at ksiegarnia.majdanek.eu
3. The Sales Agreement is concluded the moment when the seller confirms the Order. The availability of a given Product in the seller’s stock constitutes a mandatory condition to place an Order.
4. The seller confirms the Order via e-mail sent exclusive to the address the seller is provided with.
5. Accepting an order takes places electronically via ksiegarnia.majdanek.eu
6. If the Order cannot be fulfilled, or cannot be fulfilled partially, due to the inaccessibility of any Products; within the 7 days after the Sales Agreement is concluded, the seller informs the Client, and within the 14 days after the Sales Agreement is concluded the seller returns the Price to the Client.
7.  If the seller is unable to execute the Sales Agreement due to unavailability of the Products chosen by the Client, the seller may execute the Sales Agreement within the 7 days following the moment of its conclusion, by providing the Products of the same quality and purpose. Prior to that, the seller informs the Client about their right to reject these Products, and to resign from the Sales Agreement with the full refund of the Price and the return of the Products at the seller’s cost.
8. The Client has the right to cancel their Order after receiving the confirmation e-mail from the seller. It can be done without any reasons given.
9. The Order cannot be cancelled after the Products are sent to the Client.
10. The Order cancellation is done by sending an e-mail to: kiosk@majdanek.eu
11. The ordered products are delivered together with a VAT invoice which constitutes a confirmation of purchase.
12. Any legal persons from the European Union (outside Poland) that own an active VIES Number should contact the bookstore by sending an e-mail to kiosk@majdanek.eu before placing an Order.

§ 4
Prices and Methods of Payment

1. All the given Prices are given in PLN and are gross prices.
2. The seller reserves the right to alter the Prices of the offered Products, as well as to introduce new Products and/or to modify the already existing ones.
3. The binding and final price is given on the Online Bookstore’s website at the moment of Placing an Order by the Client. It is additionally confirmed in the cart and in the Order confirmation sent via e-mail. The information concerning the total sum including the Price and the delivery cost is given only after the Client chooses the method of payment and the form of delivery.
4. Every Order includes additional cost charged for delivery.
5. For the Orders fulfilled within the territory of Poland the seller accepts the following methods of payment:

a)      Prepay transferred to the seller’s bank account administered by Bank Gospodarstwa Krajowego no. 93 1130 1206 0028 9173 9720 0001

b)      Online payment via Przelewy24 system.

c)      By Online Card payment. The operator of payment cards is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935, NIP 7792369887, REGON 30134506

        6. For the Orders fulfilled outside the territory of Poland the seller accepts online Card payment. The operator of payment cards is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935, NIP 7792369887, REGON 30134506

§ 5
Discounts

1. The Clients that place an Order in the Online Bookstore with the Product’s total Price exceeding 100 zł/PLN are granted a 10% discount of the total Price value (except for § 5 p. 2)
2. Distributors that place an Order in the Online Bookstore with the intention of reselling the Products are granted a 10% discount, or a 20% discount if their Order value exceeds 500 zł/PLN. The discounts are based on the Product Price total sum.
3. The seller reserves the right to introduce other discounts including temporary ones or concerning selected Products only.
4. Discounts defined in §5.3 and §5.1,2 exclude each other and cannot be combined.

§ 6
Order Processing Time

1. Order processing time depends on the selected payment method and is initiated:
   a)      No later than 5 business days following the reception of pre-payment sent to the seller’s bank account, the pre-payment includes the Price and the Delivery Cost combined
   b)      No later than 5 business days following the moment of payment authorisation in case of payments conducted via Przelewy24 and/or PayPal systems
2. Oder processing includes:
   a)      Receiving the Order
   b)      Assembling the Products chosen in the Order
   c)      Preparing the parcel including the Products
   d)      Sending the parcel with the Products
3. The seller reserves the right to suspend the Order processing temporarily.
4. In all instances of a situation defined in § 6.3, the seller announces the suspension and their predicted span on the Online Bookstore’s website: ksiegarnia.majdanek.eu

§ 7
Delivery

1. The deliveries of the Products are conducted through the agency of Poczta Polska S.A [Polish postal service] or InPost sp. z o.o. within terms and according to the pricelist set by the Deliverer. The included prices are increased by their 23% that constitute the VAT taxation value.
2. Secured parcels containing the Products are sent to the address indicated by the Client in the Online Order Form.
3. Deliveries are conducted by the entities chosen by the Client.
4. Delivery cost is based on:

a)      gross weight of the products

b)      deliver address (in case of deliveries addressed outside Poland)

c)      Deliverer

d)      selected delivery method

e)      selected payment method

§ 8
Refunds

1. Within the boundaries of the common law, the seller is liable:   
   a) To the Client for the discrepancies between the subject of the conducted Sales Agreement and the delivered Products as based on the provisions defined by the Civil Code Act dated April 23, 1964 (Journal of Laws of 2020, item 1740, as amended).
2. The written notices of complaint must be sent to the seller’s address together with the returned Products, and the proof of their purchase.
3. The seller answers the letters complaints within 14 days following their reception.
4. Each complaint should include the description of the defect and/or the discrepancy between the Products included in the Sales Agreement and the delivered ones, as well as the expected result of the refund.
5. The seller covers the cost of the returned Products delivery. These costs are returned to the Client within 14 days following the positive appraisal of the complaint.
6. In case of the positively appraised complaints, the faulty Products are exchanged for the non-faulty counterparts. In case the ordered products run out of stock, the seller returns all the costs to the Client.

§ 9
Withdrawal from the Sales Agreement

1. As a Consumer or an Entrepreneur-Consumer who concluded the sales agreement remotely and/or outside the enterprise’s residence, the Client can withdraw from the sales agreement within 14 days following the moment of receiving the Products, without providing a reason. In this case, the payment is refunded to the Client. In the case of the Clients who choose other than the least expensive means of delivery, the delivery cost is not the subject of the refund, and the seller is not obliged to return it. These measures do not apply to the digital content Products defined in § 11.
2. In order to withdraw from the Sales Agreement, the Consumer and/or Entrepreneur-Consumer is obliged to produce and deliver a written statement, proof of purchase, and immediately send them together with the Products, in unaltered condition, back to the seller’s address: Państwowe Muzeum na Majdanku w Lublinie, ul. Droga Męczenników Majdanka 67, 20-325 Lublin.
3. Consumers and/or Entrepreneur-Consumers can voluntarily use a non-mandatory Sales Agreement withdrawal form available at ksiegarnia.majdanek.eu
4. The seller sends the aforementioned form to each Client both electronically via e-mail address and as a physical copy attached to the Products within the parcel.
5. The seller confirms receiving the withdrawal form immediately after its reception. The confirmation is sent in either written or digital form to the respective address provided by the Client.
6. Clients are obliged to returned the Products within 14 days following their withdrawal from the Sales Agreement.
7. Fulfilling the requirements of a proper withdrawal results in lifting the Sales Agreement’s binding from the Client.
8. The costs of the Products’ return are covered by the withdrawing Client.
9.  Fulfilling the requirements of a proper withdrawal results in the seller providing the refund of the costs of the Products and their delivery.
10. The seller transfers the refund to the Client through the same measure that was used to conduct the payment and within 14 days following the withdrawal, unless both sides agree otherwise.
11. The seller reserved the right to suspend the refund until the reception of the returned Products or the proof that the Products were already sent back to the seller, depending on which of these occur first.
12. Consumers bear full liability for decreasing the returned products’ original value by altering their physical condition. CDs and DVDs must be returned in their original, unopened and undamaged packaging. Refunds are not granted otherwise.

§ 10
Personal Data Processing

1. Personal data is administered by the seller.
2. The seller processes personal data for the sole purpose of conducting and executing the Sales Agreement.
3. By concluding the Sales Agreement, Clients consent to processing of their personal data.
4. Personal data processing, storing, and transferring are conducted according to the GDPR standards regulated by Personal Data Protection Act of May 10, 2018 (Journal of Laws of 2018, item 1000) and by the provisions of the Terms and Conditions and the Directive 2016/680 of the European Parliament and of the Council of 27 April 2016EU on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data – “GDPR.”
5. Clients’ personal data is processed for the sake of order fulfillment.
6. The seller guarantees and secures to all Clients the rights to verify, modify, update, delete their personal data; as well as to withdraw their consent to process it, as defined by the GDPR regulations.
7. The rules of gathering, processing, sharing, and protection of personal data are available within the Privacy Policy at the website of the Online Bookstore.

§ 11
Digital Content Sales Regulations

1. The information concerning the Digital Content, available in the Online Bookstore, in terms of their compatibility, security, and their launching requirements, are published within the “Digital Content” tab.
2. The Digital Content purchased by the Client is made available immediately upon achieving the confirmation status of each transaction, in the form of an automatically generated link sent to the Client’s e-mail address, as well as in the order and transaction history tab within the Client’s account.
3. Withdrawal from the Sales Agreement in case of Digital Content purchases is not possible and the Clients renounce their rights to do so beforehand.
4. The Clients have the reclamation right with regards to the Digital Content. Written notices of complaint must be sent to the seller.
5. Clients who purchase Digital Content voluntarily decide to either retain their rights to withdraw from the Sales Agreement or to begin their use of the Digital Content Products. Such decision is made prior to the Conclusion of the Sales Agreement. Clients who decide to retain their rights to withdraw automatically agree upon receiving the Digital Content Products after 14 days following the purchase. Clients who decide to retain their rights can alter their decision to withdrawal, but not the other way round
6. Complaints are processed within 14 days following the reception of a complaint.
7. Digital Content is sold exclusively to the Clients who are the subject of taxation in Poland.
8. By accepting the Terms and Conditions, Clients agree upon receiving electronic invoices sent in PDF format.

§ 12
Final Provisions

1. In matters not covered by the present  Terms and Conditions, the provisions of the Polish Civil Code shall apply.
2. The seller informs that the disputes can be managed within the following extra-legal measures:

a)      Clients can appeal to the State Trade Inspectorate branch in Lublin

b)      Clients can appeal to the consumer court operating besides the State Trade Inspectorate

c)  Consumers can use the ODR Platform. Its aim to solve disputes between consumers and corporate entities.
The platform is available at: http://ec.europa.eu/consumers/odr

Other NGOs that provide consumers with dispute assistance e.g. Federation of Consumers available at 800 007 707 phone number, and/or OCCP that can be contacted via: www.uokik.gov.pl/wazne_adresy.php#faq596.

       3. Terms and Conditions come into force on March 2, 2015.

       4.  The seller reserves the right to implement changes to the present Terms and Conditions. Any modifications are announced on the seller’s website and begin to bear liability no sooner than 7 days upon their announcement.

        5. The Terms and Conditions have been drawn up in two language versions: Polish and English. In case of any discrepancies between the language versions of the Terms and Conditions, the Polish version shall prevail.