Terms & Conditions of the online shop of Poczta Polska S.A.
1. The Terms & Conditions of the online shop of Poczta Polska S.A., hereinafter called the "Terms & Conditions", specify the rules of submission of orders and sale of postage stamps, philatelic materials and other goods via the online shop operating at: www.filatelistyka.poczta-polska.pl, hereinafter called the "online shop".
2. Before placing an order with the online shop, the Orderer is obliged to read the Terms & Conditions and accept the terms contained therein.
3. The online shop is run by: Poczta Polska S.A., based in Warsaw at ul. Stawki 2, entered into the Register of Entrepreneurs of the Polish National Court Register (KRS) kept by the District Court for the Warsaw Capital City, the 12th Commercial Department, under no. KRS 0000334972, share capital: PLN 774,140,000.00, paid in full, Tax Identification Number (NIP) 525-000-73-13, hereinafter called the "Seller".
4. The online shop is operated by the Order Service Section in Lublin, 20-900 Lublin, ul. Moritza 2, which is the organisational unit of the Office of Development of Commercial Activity of Poczta Polska S.A.
5. For the purpose of proper display of the website of the online shop, the use of one of the following Internet browsers is recommended:
1) Microsoft Internet Explorer - at least version 8,
2) Mozilla Firefox,
3) Google Chrome,
6. In order to contact the Seller in matters of agreements concluded on the basis of the Terms & Conditions, it is possible to write an e-mail to: firstname.lastname@example.org - for domestic Orderers, email@example.com - for foreign Orderers, or to call: (+48) 81-584-70-76.
7. Any reference to goods in these Terms & Conditions shall also include philatelic materials.
1. The online shop sells the following items:
1) philatelic materials contained in the offer available on the website of the shop, both stamped and unstamped materials, in the form of:
a) series of postage stamps,
b) blocks of postage stamps,
c) postage stamps with a label,
d) sheets of postage stamps on sale,
e) First Day Cover (FDC) envelopes;
f) postcards and postage envelopes with an imprinted stamp duty mark;
g) individual postage stamps;
2) goods supporting philatelic activity (e.g., stockbooks, catalogues, magnifying glasses, etc.) that are contained in the offer available on the website of the shop,
3) other goods contained in the offer available on the website of the shop.
1a. The manner of sale of philatelic materials referred to in par. 1 pt 1 shall be determined by the Seller.
2. The Seller does not guarantee the performance of an order in full sheets and with labels.
3. In the case of an issue of postage stamps with low volumes, the Seller reserves the right to limit the quantities of philatelic materials provided to the Orderer. In such case, information about limitations shall be published in the form of a message on the website of the online shop.
4. The Seller assumes responsibility for the fact that goods delivered to the Orderer shall be free of defects. The Seller is responsible under the warranty for defects of goods that existed at the time of delivery of goods to the Orderer or the cause of which inhered in goods at the same time.
1. For the purpose of submission of an order by the consumer or the Orderer not being a consumer, it is necessary to have an account with the online shop. An account in the online shop may be registered by an adult natural person, a legal person or a non-corporate organisational entity, hereinafter called the "Orderer". Registration of an account is a one-time action. During the registration procedure, the following data of the Orderer must be entered:
1) login - the e-mail address to which all information shall be sent,
2) name and surname (or the name of the company),
3) address data (street, house number, apartment number, postcode, place, country of residence or registration),
4) NIP or the number given for purposes of registration as a VAT payer in a EU country (EU VAT) or a payer of similar tax in a third country (obligatory for entities other than consumers),
5) telephone number,
6) access password to the online shop.
1a. The consumer means a person referred to in Art. 221 of the Civil Code, i.e., a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity. For the conclusion of agreements by Orderers other than consumers, the provisions of § 7 of the Terms & Conditions shall apply. By indicating the "Customer Type" as "Company" in the account registration panel, the Orderer confirms that it is not a consumer.
2. The Orderer logs into its account in the online shop after entering the login and the password. The password should consist of at least 8 characters and contain lowercase letters, uppercase letters, digits or special characters and should be changed every 30 days. The system makes it possible to change the password. The Orderer shall be responsible for changing the password from time to time. If the password is not changed, the Orderer shall bear the risk of loss of identity and integration of data.
3. Orders are accepted on a round-the-clock basis. The possibility of performance of orders is verified within a period of maximum 2 working days from the time of their submission. Orders submitted on working days after 5:00 p.m. (Polish time) and on Saturdays, Sundays and holidays shall be treated as submitted on the following working day.
3a. An order may be submitted in compliance with the following rules:
1) The Orderer shall select goods it intends to purchase using the "Add to Basket" functionality that is visible near the image of the given item of goods;
2) during the selection of goods, the Orderer can always obtain information about the scope of the order, including the gross value of the order, using the "Your Basket" functionality;
3) in the "Your Basket" window, there is a list of all goods that the Orderer intends to purchase under the agreement together with their prices and a list of all additional costs, including potential costs of dispatch, and the gross value of the order indicated in the "TOTAL:" box;
4) after completing the selection of goods to be purchased under the agreement, the Orderer shall make a final verification of the list of goods and select the type of shipment (if applicable) and the method of payment in the "Your Basket" window; if the Seller is responsible for the selection of the type of shipment under these Terms & Conditions, the "Your Basket" window shall contain the following information: "the method of shipment selected by and at the expense of Poczta Polska S.A."; however, the method of payment referred to in § 4 par. 1 shall be indicated by the Orderer.
4. The acceptance of the order shall be acknowledged by the Seller immediately by e-mail. Together with such acknowledgement, the Seller shall send the Orderer information about terms of the agreement, i.e., an order summary indicating purchased goods, unit prices, all additional costs and the gross value of the order, and a file in .pdf format containing these Terms & Conditions. The moment of sending the acknowledgement of the order to the Orderer's e-mail address shall be the moment of entering into the agreement.
5. The performance of the order (dispatch of goods) shall commence upon receipt of the guarantee amount equal to the gross value of the order by the Seller, except as stipulated in par. 6. The guarantee amount shall be transferred to the Seller not later than within 14 working days from the date of acceptance of the order. The date of payment shall be regarded as the day of crediting of the Seller's bank account. If the guarantee amount is not transferred within the indicated period, the Seller shall submit a statement of withdrawal from the agreement. The Seller shall submit the statement to the Orderer by e-mail.
6. In the case of an order shipped C.O.D. (cash on delivery), the provisions of par. 5 shall not apply. Payment for the order shall be made at the time of receipt of the C.O.D. parcel.
8. If the performance of the order is not possible, particularly because of the unavailability of goods indicated in the order, the Seller shall immediately notify the Orderer by e-mail, specifying the scope within which the order can be performed, including information referred to in par. 4 with regard to this scope, and information about the time of performance of the order. If the Orderer does not agree to the scope or time of performance of the modified order by e-mail within 3 days from the receipt of the above information, the order shall be cancelled. If the Orderer expresses its consent, the Seller shall send an acknowledgement of the order. The provisions of par. 4 shall apply accordingly.
12. In case the Orderer paid the guarantee amount referred to in par. 5 in respect of the order that was subsequently cancelled, the Seller shall refund the equivalent of the paid amount to the Orderer in the same manner in which the payment was made within 14 days from the date of cancellation of the order. If an overpayment occurs as a result of the impossibility of full performance of the original order after payment was already made, such overpayment shall be refunded in the manner determined above within 14 days from the date of performance of the order. An overpayment resulting from other circumstances, particularly in the case referred to in § 4 par. 3, shall be refunded only at the request of and at the expense of the Orderer.
13. Prices of goods available in the online shop are expressed in Polish zlotys and are gross prices. The price stated for each item of goods is binding upon the submission of the order by the Orderer and guaranteed till the date of acknowledgment of the performance of the order. The above shall also apply to any additional costs included in the gross value of the order.
1. Payment for purchases in the online shop can also be made in the following forms:
1) for orders sent to the territory of Poland:
a) transfer to the bank account indicated in the online shop,
b) postal order sent to the address indicated in the online shop,
c) cash on delivery (C.O.D.) (payment is made at the time of receipt of the parcel only in cash in Polish zlotys).
2) for orders sent outside the territory of Poland:
a) transfer to the bank account indicated in the online shop,
b) international postal order sent to the address indicated in the online shop.
2. The Seller shall accept payments in Polish zlotys (PLN), euro (EUR) or dollars (USD). Information about the kind of currency in which individual bank accounts are kept is notified to the Orderer in the acknowledgement of the order.
2a. If the Orderer makes a payment to the Seller's bank account in a currency other than the one in which the bank account is kept, such payment shall be converted into the proper currency by the bank keeping the account according to terms specified in the agreement between this bank and the Seller. The Orderer shall be responsible for the consequences of payment made in a currency other than indicated in par. 2, particularly those related to the time of payment, the currency rate or the impossibility of conversion. The Seller shall inform the Orderer about the status of the Orderer's payment according to the procedure set out in § 1 par. 6.
3. The transfer of payment to the Seller in any other form than indicated in par. 1 shall not be regarded as a valid payment in respect of the order. In such a case, the amount of payment shall be refunded to the Orderer.
1. Delivery of goods ordered in the online shop shall be carried out in parcels sent via Poczta Polska S.A.
2. If the value of purchased goods does not exceed PLN 50.00, costs of delivery in Poland shall be incurred by the Orderer in accordance with the current price-list of Poczta Polska S.A. valid for the given kind of shipment.
3. Information about kinds of postal parcels that can be used for shipping an order to the Orderer shall be visible in the "Your Basket" window before the submission of the order.
4. Any order with the total one-off gross value equal to or higher than PLN 50.00 that comprises goods with the weight not exceeding 2 kg, including the packaging of the parcel, shall be sent in the territory of Poland at the expense of the Seller.
6. Any order with the total one-off gross value equal to or higher than PLN 50.00 that comprises goods with a weight exceeding 2 kg shall be sent in the territory of Poland at the expense of the Orderer. The provision of par. 3 shall apply accordingly.
7. The dispatch of an order outside the territory of Poland, irrespective of its value and weight, shall be carried out at the expense of the Orderer in parcels sent via Poczta Polska S.A.
9. A proof of purchase (a VAT invoice or specification) shall be attached to each shipped parcel. The proof of payment shall contain the information referred to in § 3 par. 4.
1. The Orderer is entitled to withdraw from the concluded agreement without cause and at no cost. The agreement from which the Orderer has withdrawn shall be regarded as unconcluded.
2. If the Orderer intends to withdraw from the agreement, the Orderer shall prepare a statement of withdrawal from the agreement in writing and shall send it to the Seller within 14 days from the day of delivery of goods to the Seller, and if goods are delivered in lots - from the delivery of the last lot. In order to comply with this time-limit, it is enough to send the statement before its lapse. For this purpose, the Orderer is entitled to use the agreement withdrawal form enclosed as an attachment to the Terms & Conditions. It is not possible to submit the statement of withdrawal from the agreement by electronic means.
3. In the case referred to in par. 1, the Orderer is obliged to return purchased goods immediately not later than within 14 days from the day of withdrawal from the agreement. In order to comply with this time-limit, it is enough to send goods before its lapse. Costs of return of goods shall be borne by the Orderer.
4. In the case referred to in par. 2, the Seller is obliged to transfer the paid amount to the Orderer for goods to be returned and incurred costs of shipment not later than within 14 days from the date of submission of the statement of will to withdraw from the agreement. However, if the Orderer has chosen any method of delivery of goods other than the cheapest method offered by the Seller for the given order, the Seller is not obliged to refund additional costs incurred by the Orderer. The Seller shall refund payments using the same method that was used by the Orderer, unless the Orderer agrees upon any other method of refund that does not involve any costs with the Seller. The Seller shall suspend the refund of payments received from the Orderer until it receives goods back from the Orderer or until the Orderer delivers a proof of its return, whichever occurs earlier. The Seller shall also correct proofs of purchase previously submitted to the Orderer (a correcting VAT invoice or a correcting specification).
5. If the Orderer submitted the statement of withdrawal from the agreement before receiving the acknowledgement of performance of the order, such order shall be cancelled.
5a. The Orderer shall be responsible for any decrease of the value of goods resulting from their use in a manner beyond the extent necessary to ascertain the nature, characteristics and properties of goods.
6. The Orderer is entitled to submit a complaint in the case of inconformity of goods with the agreement. The complaint in this respect shall be submitted by the Orderer in writing or by e-mail within 2 years from the date of delivery of goods to the Orderer. The address for correspondence and the e-mail address are specified in § 1 par. 4 and 6. The complaint may contain one of the following requests: to decrease the price, to remove the defect or to replace defective goods with defect-free goods, or a statement of withdrawal from the agreement.
7. The Seller may request the Orderer to supplement the complaint by sending a copy or scan of a proof of purchase (e.g., a VAT invoice or a specification), the packaging of the parcel in which the goods covered by the complaint were delivered or goods covered by the complaint to the address indicated in the request for supplementation of the complaint. The complaint shall be considered within 14 days from the day of its submission, if it is complete, or its supplementation, if this was required. Delivery of goods to the Seller according to the terms set out in this paragraph shall be performed at the Seller's expense.
7a. The submission of the complaint shall not exclude the possibility of pursuing claims in the course of legal proceedings.
8. If the complaint is found out to be justified, the Seller shall immediately inform the Orderer thereof and, depending on the kind of request, it shall decrease the price or send goods of full value to the Orderer, or - in the absence of such possibility - it shall refund the due amount to the Orderer by postal order to the indicated address or by transfer to the bank account. The Seller shall issue to the Orderer a relevant correction of a proof of payment (a correcting VAT invoice or a correcting specification).
8a. If the Orderer's complaint is found out to be unjustified, the Orderer may make an attempt to settle its dispute with the Seller out of court while retaining the right to refer to the case to a court, in particular by:
a) referring the case to the permanent consumer court of arbitration operating within the structures of the relevant Provincial Inspectorate of Trade Inspection;
b) request the relevant Provincial Inspectorate of Trade Inspection to institute mediation proceedings between the Seller and the Orderer.
8b. The use of a certain method of out-of-court settlement of a dispute is possible only with the mutual consent of the Orderer and the Seller. Detailed procedures for out-of-court settlement of disputes between the Orderer and the Seller are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on websites of Provincial Inspectorates of Trade Inspection and in offices of county (city) representatives of consumers.
9. To the extent not regulated under these Terms & Conditions, the provisions of the Civil Code, particularly the provisions regarding sales warranty, shall be used for determining rights and obligations of the Orderer and the Seller in the case of ascertainment of a defect of goods.
10. Irrespective of the procedure specified above, in the case of receiving a damaged or incomplete parcel (missing content) with ordered goods, the Orderer is entitled as the recipient of the parcel to submit a complaint and to pursue claims for damages according to general rules determined by the provisions of the Act on 23 November 2012 - Postal Law (Journal of Laws from 2012, item 1529) and the Ordinance of the Minister for Administration and Digitisation of 26 November 2013 on the submission of complaints for postal services (Journal of Laws from 6 December 2013, item 1468) and, in the case of parcels sent to foreign addresses - according to the rules determined in acts of the World Postal Convention (Journal of Laws from 2007, No. 206, item 1494).
In the case of Orderers other than consumers:
1) it is necessary to send by e-mail scans of documentation confirming the Orderer's status, i.e.,
a) certificates of entry in the register of business activity or the Polish National Court Register (KRS), or their equivalents issued in the country where the Orderer has its office;
b) certificates of Tax Identification Number (NIP) and National Business Registry Number (REGON), or their equivalents issued in the country where the Orderer has its office;
translated into Polish or one of the languages in which the website referred to in § 1 par. 1 is available;
2) orders shall be performed only after the Orderer delivers documents referred to in pt 1);
3) in the case of changes of data referred to in pt 1), the Orderer is obliged to send scans of valid documents immediately;
4) the Orderer bears full responsibility, also towards the Seller, for the reliability and validity of documents referred to in pt 1);
5) In the case of Orderers submitting orders from outside the territory of the Republic of Poland:
a) in deviation from § 3 par. 4, before acknowledging the acceptance of an order, the Seller shall immediately inform the Orderer by e-mail about the actual gross value of the order and shall provide supplementary information about the order that are referred to in § 3 par. 4. If the Orderer does not agree to the performance of the order according to received information by e-mail within 3 days from the receipt of the above information, the order shall be cancelled. If the Orderer expresses its consent, the Seller shall send an acknowledgement of acceptance of the order.
b) in deviation from § 3 par. 3a, information about ordered goods and their quantity in the "Your Basket" window shall be regarded as binding, whereas information about the gross value of the order is not binding; binding information about the gross value of the order shall be included in an e-mail message sent in accordance with pt 5a.
6) the provisions of § 6 par. 1-5a shall not apply;
7) in deviation from § 6 par. 6-9:
a) the Seller shall be responsible only for the actual damage and only within the limits of the gross value of the order;
b) in the case of any inconformity of goods with the agreement, the Orderer is entitled to request only the removal of the defect or the replacement of goods with defect-free goods;
c) the right to request the removal of the defect and the replacement of goods shall expire if the Orderer did not examine goods on the day of their delivery and did not notify the Seller by e-mail about the defect, including its description, on the same day;
8) the time-limit for submission of a complaint is 14 days from the day of delivery of goods;
9) the provisions of par. 8a and 8b shall not apply;
10) no reference to the Consumer Rights Act specified in § 9 par. 2 shall be used.
1. The administrator of personal data is Poczta Polska S.A. based in Warsaw 00-940, ul. Stawki 2.
2. Data collected and administered by Poczta Polska S.A. are properly secured. Detailed rules of data security are available on the website of the Shop in the Security tab.
3. All Orderers have the right to access their data - they can verify and modify them or request that they be no longer processed or be deleted from the database.
4. Poczta Polska S A. shall protect personal data in accordance with the Personal Data Protection Act of 29 August 1997 (Journal of Laws, No. 133, item 883) and the Act on the Provision of Electronic Services (Journal of Laws, No. 144, item 1204). Poczta Polska S.A. processes personal data of the Orderer for the purpose of performing operations carried on within the scope of activity of the online shop operating at: www.filatelistyka.poczta-polska.pl. The provision of data is voluntary, but necessary for the fulfilment of the aforementioned goal.
5. Personal data of Orderers may be processed by Poczta Polska S.A. using means of electronic communication for marketing purposes, particularly for the sending of trade information from Poczta Polska S.A., and for purposes of advertising, market research and customer behaviour and preference analysis, with the use of results of this analysis for the needs of improvement of the quality of services rendered by Poczta Polska S.A. during and after the performance of operations carried on within the scope of activity of the online shop operating at: www.filatelistyka.poczta-polska.pl, only upon the consent of the Orderer.
6. In matters concerning personal data that are not regulated in these Terms & Conditions, the provisions of the Personal Data Protection Act of 29 August 1997 and the Act on the Provision of Electronic Services of 18 July 2002 shall apply.
1. If the Orderer has more than one account in the online shop, the Seller may delete additional accounts according to the principle that only the most recently registered account shall remain at the disposal of the Orderer. The Seller shall inform the Orderer about its intention of deleting the account in one week's advance.
2. In any matters not regulated in these Terms & Conditions, the provisions of the Civil Code, the Consumer Rights Act of 30 May 2014 and the Act on the Provision of Electronic Services of 18 July 2002 shall particularly apply.
Attachment no. 1a to the Terms & Conditions of the Online Shop - Agreement Withdrawal Form