I. GENERAL INFORMATION
Administrator (“ISSF”) – issfdiving.com An association conducting business activities based in Białystok, ul. Wyszyńskiego 2 lok 63, entered into the register of associations kept by the District Court in Białystok, XII Commercial Department of the National Court Register under number 0000729434, NIP 5423310673, Regon 380060039, email: email@example.com phone: +48 787 022 033.
Store – an IT platform operated by ISSF, enabling Users equipped with an appropriate terminal device to familiarize themselves with the Seller’s Products and Services, and to conclude sales and service contracts.
Product – a movable item, including books, ebooks, video courses recorded on a tangible medium offered by ISSF through the Store.
File – digital content not saved on a tangible medium, in particular an ebook, video course offered by ISSF through the Store, as part of the provision of services.
User – a natural person, legal person, organizational unit without legal personality that uses the Store.
Consumer – a User who is a natural person making a legal transaction with the Store not directly related to its business or professional activity.
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council 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.
II. CUSTOMER SERVICE OFFICE
If you have any questions or doubts about our goods, services, shipping and payment methods, please contact our Customer Service Office at + 48 787 022 033, email: firstname.lastname@example.org, or in person. The Customer Service Office is located in Białystok at ul. Wyszyńskiego 2 place 63.
Customer Service Opening Hours:
Monday – Friday: 10:00 a.m. – 5:00 p.m.
Saturday: 10:00 – 14:00
III. TECHNICAL REQUIREMENTS
2.2. The User who purchases Files in the Store may use them provided that the User’s end devices meet the following technical requirements:
a. MOBI files – Amazon Kindle reader, tablet, smartphone, PC / Mac with the application to open MOBI files.
b. ePUB and PDF files – a PC or Mac class computer with a monitor with a minimum resolution of 800×600 pixels, equipped with an operating system and program capable of opening ePUB, PDF files (e.g. Adobe Acrobat Reader, Caliber, MobiPocket Reader), or another end device, including e-book reader, smartphone, tablet with the application to play the abovementioned files.
c. Mp3 and Mp4 files – PC or Mac computer with a monitor with a minimum resolution of 800×600 pixels with an installed sound card and equipped with headphones. Speakers or other device that reproduces sound and picture.
2.3. For Products distributed on durable media type CD / DVD / BD, flash drive, flash card – terminal device additionally equipped with a CD / DVD / BD reader, flash drive, flash card.
IV. HOW TO IMPLEMENT THE ORDERS
3.1. As part of the Website, ISSF offers sales of products and digital content to Users after prior placement by the User.
3.2. The contract is concluded after the User submits an order with the obligation to pay or by clicking on the “Order and pay” button. The user can also purchase goods, services and digital content by activating the relevant product code.
3.3. Users can place orders 24 hours a day, 7 days a week throughout the year.
3.4. The User is obliged to complete the “order form” fully and in accordance with the facts.
3.5. After placing the order by the User, he will receive to the e-mail address provided earlier confirming the content of the order, and information about his right to withdraw from the contract or confirmation of the loss of the right to withdraw, in connection with the consumer’s request to start providing the service before 14 day withdrawal period. ISSF reserves the right to confirm the order by phone. Lack of confirmation of order acceptance means that the order may not have been accepted for processing.
3.6. In any case, ISSF reserves the right to verify the order and cancel it in justified cases, doubt as to the reliability of such order (including the User’s identity).
3.7. Implementation of the order for products will start on the next working day immediately following the day on which the order was placed. If it is necessary to verify the order, it will be forwarded for processing on the next working day immediately following the day on which it was verified.
3.8. Users can order products labeled “pre-ordered.” The deadline for such an order is extended until the product goes on regular sale. This entry also applies to electronic publications, including an ebook, multibook, as well as packages consisting of a paper book and electronic publication. The consumer will be each time informed about the date of the contract by means of relevant information on the product card.
3.9. The prices of goods on the Store’s offer are expressed in Polish zlotys and include VAT. The prices do not include flat-rate shipping costs, which the Consumer will be able to read at the latest when the Consumer wishes to be bound by the contract.
3.10. The package price applies only to the entire set and cannot be divided into individual products included in its composition. For this reason, it is impossible to return any part of the purchased package.
3.11. The value of the order including discounts and rebates may be further reduced, due to the rounding of the order value, which is associated with the conversion of the price used in retail settlements to the net price.
3.12. The store reserves the right to change the prices of products and services on offer without prior notice. The price change does not apply to orders accepted for execution.
3.13. The store reserves the right to withdraw individual goods from the offer without notice.
3.14. The maximum delivery time (for sending a shipment to the User) for products is 7 days. The delivery time should be added to the time of delivery carried out by Poczta Polska and other courier companies (up to 10 days). In the case of pre-orders, the order will be processed as soon as all ordered books are completed. The date of order fulfillment is then the date specified “in implementation from (dd.mm.yy)” next to a specific title. This date may change.
3.15. The implementation of orders for digital content will take place immediately after the Store has credited the payment, the ordered ebook will appear on your account.
3.16. ISSF shall not be liable for non-delivery of goods or delay in delivery caused by an incorrect or inaccurate address provided by the User.
3.17. In the case of sending books in the printed version and other products (not in electronic form), the Store charges a flat fee covering the cost of sending the parcel to the User. Shipping costs depend on the method of delivery selected by the User and in the territory of the Republic of Poland are as follows:
Letter post by Polish Post: PLN 8 (only some products, e.g. stickers, neoprene overlays)
Postal Package: PLN 15
Courier: PLN 25
3.18. For purchases over PLN 200.00, containing at least one textbook, courier delivery is free.
3.19. Shipping costs can be tracked by the User before payment.
3.20. As part of the promotion, the Store may suspend the collection of a flat fee by placing relevant information on the Store’s pages.
3.21. Promotions available in the Store cannot be combined, unless the ISSF has foreseen the possibility of combining promotions, about which the User will be informed on the Store’s website before placing the order.
3.22. The shipping cost referred to in point 3.17 is included in the amount of collection.
3.23. Each transaction is confirmed by proof of purchase. A user who agrees to send an invoice electronically should select the appropriate option when placing the order or in the account profile, indicating at the same time the e-mail address appropriate for sending this type of invoice. In such a situation, the User will not receive a paper invoice. This consent may be withdrawn at any time. If you choose to process your order through Przelew 24, due to the nature and functionality of the above payments, you agree to send the invoice only electronically.
3.24. Depending on the type of order made, payment for the ordered goods may be made upon personal pickup, bank transfer to the Store’s account or via fast and secure online payments Przelewy24.
3.25. In the case of orders consisting of several goods and to be delivered in one shipment, the delivery date will depend on the date when the last element of the order was completed by the Store, unless the Consumer chooses a different delivery method, about which he will inform ISSF. Separation of one order into several deliveries may result in additional shipping costs referred to in point 3.17.
3.26. All products, texts, graphics, logos and software located on the Store’s website are the property of ISSF, or ISSF has the appropriate rights to use them and are protected under applicable law, including copyright and related rights (Journal of Laws 1994 No. 24 item 83 as amended) and industrial property rights (Journal of Laws of 2003 No. 119, item 1117 as amended). The User undertakes to use the website and the products purchased, only in a manner consistent with these Regulations and applicable law.
3.27. ISSF uses ‘watermark’ protection to protect against unauthorized distribution of epub, MOBI, PDF, MP3, MP4 files. Each of such protected files has information about the User who purchased the file.
3.28. The User who purchased products or files in the Store may use them in accordance with applicable law, including the Copyright and Related Rights Act (Journal of Laws of 1994 No. 24 item 83 as amended). Reproduction, distribution, distribution, copying, renting, sharing or public playback (including sharing on the Internet) and unauthorized use of its content in whole or in part, or any modification of the product (e.g. by changing the file format or deleting it is not allowed protections or markings), regardless of the purpose and form of these activities, unless otherwise agreed in writing with the Store.
3.29. All Products and Files available in the Store – for a fee or free of charge – are protected by the Act on Copyright and Related Rights, unless otherwise stated in the license, as provided by the ISSF in the product card (e.g. Open source).
V. COMPLAINTS PROCEDURE
4.1. If the item sold has a defect, the User may:
a. submit a statement about the price reduction or withdrawal from the contract, unless the ISSF immediately and without undue inconvenience for the User replaces the defective item with a non-defective one or removes the defect. The reduced price should remain in such proportion to the price resulting from the contract in which the value of the item with the defect remains to the value of the item without the defect. The User may not withdraw from the contract if the defect is irrelevant;
b. demand replacement of the item free from defects or removal of the defect. The Store is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the User.
4.2. If the User is a Consumer, instead of removing the defect proposed by the ISSF, he may request replacement of the item for one free of defects or instead of replacing the item, demanding the removal of the defect, unless bringing the item to compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the ISSF. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, and also the inconvenience to which the Consumer would be exposed would otherwise be satisfied.
4.3. The User may submit complaints by electronic means, by phone or by post to the address: ISSF, ul. Wyszyńskiego 2 place 63, code 15-888 Białystok, with the note “complaint”.
4.4. The complaint should contain a description of the complaint and a document confirming the purchase of the item in the Store (e.g. a copy of the receipt, confirmation of the transfer from the bank account, transaction number, etc.). At the same time, in case of complaints about Products, they should be sent to the ISSF address. Within 14 (fourteen) days, the Store will respond to the Buyer’s complaint and inform him of further proceedings. Electronic manuals are not subject to complaint.
VI. WITHDRAWAL FROM THE CONTRACT
5.1. Subject to points 5.2-5.3, in accordance with the Act on Consumer Rights (Journal of Laws 2014.827), the Consumer has the right to withdraw from the contract within 14 days from the date of taking possession of the products by the Consumer or a third party indicated by him other than the carrier. . When submitting a statement of withdrawal from the contract, the consumer does not have to provide a reason.
5.2. The right to withdraw from the contract is not entitled to the Consumer if the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery. The right to withdraw from the contract is also not entitled to the Consumer in relation to contracts for the delivery of journals, periodicals or magazines, with the exception of subscription contracts.
5.3. If the Consumer agrees to start the service of providing digital content that is not saved on a tangible medium before the deadline to withdraw from the contract and is informed by ISSF about the loss of the right to withdraw from the contract, the right to withdraw expires at the start of downloading the File or using the Read button. If the Consumer has agreed to automatically send files after their purchase to mobile devices or Dropbox, he loses his right to withdraw from the contract at the time of making and paying for the purchase.
5.4. The consumer may send a declaration of withdrawal from the contract by e-mail to the following address: email@example.com, or by post to the address: ISSF, ul. Wyszyńskiego 2 place 63, code 15-888 Białystok, with the note “return”.
5.5. In order to facilitate the right to exercise the right to withdraw from the contract, the Consumer may use the form or a declaration which constitutes an attachment to the Regulations.
5.6. In the event of withdrawal from the contract, the contract is considered void. The ISSF shall return to the Consumer all payments made by him within 14 days. ISSF reimburses payments using the same method of payment that the Consumer used, unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any costs for him.
5.7. The consumer is obliged to return the Administrator’s item or transfer it to a person authorized by the Administrator to collect immediately, but not later than 14 days from the day on which he withdrawn from the contract, unless the Administrator has offered to pick up the item himself. To meet the deadline, it is enough to return the items before its expiry.
5.8. The consumer bears only the direct cost of returning the item. The consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
6.1. By placing an order in the Online Store, the User provides personal and voluntary personal data in the scope of: name, address, e-mail, telephone, IP data in the Store’s registration form or provides his data using an account on Facebook.com or Google.com . Providing personal data by the User is voluntary, however the lack of data will prevent the execution of the order. The legal basis for processing by the Administrator is the necessity of processing for the performance of the contract (Article 6 (1) (b) GDPR), and in the field of optional data – the legal basis for processing is consent (Article 6 (1) (a) GDPR).
6.2. The Store also processes Users’ data -:
a. for analytical and statistical purposes – the legal basis for processing is the Administrator’s legitimate interest (art.6 par.1 lit.f) GDPR), consisting in conducting analyzes of Users’ activity on the Website and how to use the account, as well as their preferences, in order to improving the functionalities used;
b. in order to potentially determine, investigate or defend against claims – the legal basis for processing is the Controller’s legitimate interest (Article 6 (1) (f) of the GDPR) consisting in the protection of his rights;
c. for marketing purposes of the Administrator and other entities – the legal basis for processing is the justified interest of the Administrator (Article 6 (1) (f) of the GDPR) consisting in the protection of his rights;
6.3. In the case of registration or logging into the Account on the Website via the social networking site Facebook or Google, the User will choose this form of logging in, and the Website, after prior consent by the User, will download from the User’s account on the social network only the data necessary for registration and operation of the account .
6.4. In order to process the order, the Store may provide the User’s personal data in the scope of name and surname, e-mail, telephone number to third parties for the purposes of the proper performance of the contract. This consent includes in particular the transfer of data to an intermediary in ordering courier services, postal operators and courier companies in order to sending a parcel and transferring data to websites that support online payments in order to authorize payments for the purpose and on the terms set out in the regulations for using the services of these websites.
6.5. The administrator of personal data is the Administrator (as defined in the comparison). Personal data is protected in accordance with applicable law, and from the date of entry into force in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and legal acts that will be issued in its implementation.
6.6. The User has the right to inspect their personal data, correct it and demand its limitation or removal. The user also has the right to object to data processing as well as the right to request the transfer of his data.
6.7. The user may at any time withdraw consent to further processing of his personal data. Withdrawal of consent does not affect the lawfulness of the processing that was carried out on the basis of consent before its withdrawal.
6.8. The User has the right to lodge a complaint about the processing of his data by the Administrator to the President of the Office for Personal Data Protection.
6.9. The User may give additional consent to the processing of his personal data in the scope of: email address, name and surname, telephone number and date of birth for marketing purposes by the Administrator and other related entities in order to inform him about new goods, promotions and services available in The store, especially in the form of a Newsletter. The User may withdraw this consent at any time. Withdrawal of consent does not affect the lawfulness of the processing that was carried out on the basis of consent before its withdrawal.
6.10. The User may express separate consent for the Store to send a message to the provided e-mail address with a request to review the purchased Goods. The User may withdraw this consent at any time. Withdrawal of consent does not affect the lawfulness of the processing that was carried out on the basis of consent before its withdrawal.
6.11. To facilitate the use of the website, the mechanism managing it uses technology known as cookies – information saved by the Store’s server on the user’s computer.
6.12. The administrator will store the User’s personal data
a. if the Administrator processes personal data on the basis of consent, the processing period lasts until the User withdraws this consent;
b. if the Administrator processes personal data on the basis of the legitimate interest of the data controller, the processing period lasts until the abovementioned interest (e.g. the limitation period for civil law claims) or until such time as the data subject opposes further processing – in situations where such an objection is in accordance with the law; if the Administrator processes personal data, due to applicable law, the periods of data processing for this purpose are specified in these provisions
VIII. FINAL PROVISIONS
7.1. In matters not covered by these Regulations, the provisions of the Act on consumer rights, the Civil Code, the Act on copyright and related rights shall apply.
7.2. The law applicable to the contract between the User and the Administrator is Polish law. All disputes related to the performance of the contract will be settled by the competent Polish common courts. The consumer has the option of using out-of-court complaint handling and redress before the Permanent Consumer Arbitration Court in Katowice, ul. Brata Alberta 4, 40-951 Katowice.
7.3. The Store reserves the right to change the Regulations. Orders placed before the date of introducing changes to the Regulations will be implemented based on the current rules.
7.4. The User may delete his account in the Store at any time by sending an application by email to the address firstname.lastname@example.org. The email must be sent from the mailbox used to register the account. In the subject of the e-mail the user writes “Deleting account”. The user will be notified of this fact by email. ATTENTION! Deleting an account means that you will lose access to all purchased electronic items in the User’s Library.
Annex 1 to the Regulations
Withdrawal from the order:
– Addressee: ISSF, ul. Wyszyńskiego 2 place 63, code 15-888 Białystok, e-mail address: email@example.com
– I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract of delivery of the following items (*) contract for a specific work involving the performance of the following items (*) / for the provision of the following service (*)
– Date of conclusion of the contract (*) / receipt (*)
– Name of consumer (s)
– Address of consumer (s)
– Signature of the consumer (s) (only if the form is sent on paper)
The Regulations have been in force since May 5, 2019.
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