UMDmarket Statute

Statute

Terms and Conditions

RULES OF THE UMD MARKET ONLINE STORE

Defining, among other things: the rules for concluding sales contracts through the store, containing the most important information about the Seller, the store, and the rights of the Consumer.

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
§ 12 Provisions Concerning Non-Consumer Buyers
Appendix No. 1: Sample Withdrawal Form

§ 1 DEFINITIONS

Working Days – days from Monday to Friday, excluding public holidays.
Account – a free function of the Store (service provided electronically), governed by separate regulations, through which the Buyer can create their individual Account in the Store.
Consumer – a Consumer as defined by the provisions of the Civil Code.
Buyer – any entity making purchases in the Store.
Regulations – these terms and conditions.
Store – the UMD Market online store, operated by the Seller at https://umdmarket.com.
Seller – an entrepreneur conducting business activity under the name FIRMA ANDRII KOMISSAROV, entered into the Central Register and Information on Economic Activity, maintained by the minister responsible for economy and the Central Register and Information on Economic Activity, NIP (Tax Identification Number) 6751778559, REGON (National Business Registry Number) 524574557, Alfreda Dauna 70/18, 30-629 Kraków, Poland.

§ 2 CONTACT WITH THE SELLER

  1. Postal Address: Alfreda Dauna 70/18, 30-629 Kraków, Poland
  2. Email Address: umdmarket@gmail.com
  3. Phone: +48 731 380 965

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
    • A device with Internet access
    • A web browser supporting JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements listed in paragraph 1, an active email account is required.

§ 4 PURCHASES IN THE STORE

  1. The prices of goods displayed in the Store are total prices for the goods, including VAT.
  2. The Seller specifies that the total order value consists of the price indicated in the Store for the goods and, if applicable, the costs of delivering the goods.
  3. The selected goods for purchase must be added to the cart in the Store.
  4. The Buyer then selects from the available options in the Store: the delivery method and payment method for the order, and provides the data necessary to complete the order.
  5. An order is considered placed after confirming its contents and accepting the Regulations by the Buyer.
  6. Placing an order is equivalent to concluding a sales contract between the Buyer and the Seller.
  7. The Seller is obliged to provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than the date of delivery of the goods.
  8. The Buyer may register in the Store, i.e., create an Account there, or make purchases without registration by providing their details with each order.

§ 5 PAYMENTS

  1. An order can be paid for, at the Buyer’s choice:
    • By regular bank transfer to the Seller’s bank account:
      • PLN: PL02160014621733451860000001
      • EUR: PL72160014621733451860000002
      • SWIFT/BIC: PPABPLPKXXX
      • Bank: BNP Paribas
    • By payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    • Via a payment platform:
      • IAI Pay
    • Cash on delivery, i.e., in cash upon delivery of the goods to the Buyer.
  2. If the Buyer chooses advance payment, the order must be paid within 7 working days from the date of placing the order.
  3. The Seller informs that, due to the nature of some payment methods, payment for the order using these methods is only possible immediately after placing the order.
  4. By making purchases in the Store, the Buyer agrees to the Seller’s use of electronic invoices. The Buyer has the right to withdraw their consent.

§ 6 ORDER FULFILLMENT

  1. The Seller is obliged to deliver goods without defects.
  2. The order fulfillment time is indicated in the Store.
  3. If the Buyer has chosen advance payment, the Seller will begin processing the order after the payment is received.
  4. If, within a single order, the Buyer has purchased goods with different delivery times, the order will be fulfilled within the time corresponding to the item with the longest delivery time.
  5. Delivery of goods is carried out only within the territory of the Republic of Poland.
  6. The delivery time for orders containing pre-ordered products may be extended for reasons beyond the Seller’s control. In exceptional cases (e.g., cancellation of the publisher’s plans, damage to the product during transport, etc.), the Seller reserves the right to cancel the order and undertakes to provide a full refund.
  7. If more than one item with an availability date of “24 hours” is purchased, the delivery time may be extended to 7 working days.
  8. Delivery of goods purchased in the Store is carried out depending on the delivery method chosen by the Buyer:
    • Via a courier company
    • Via Polish Post
    • To InPost parcel lockers
  9. E-receipt – an electronic fiscal document, the scope of which is regulated by the Act on Goods and Services Tax of March 11, 2004, the Regulation of the Minister of Finance on cash registers, and the Regulation of the Minister of Entrepreneurship and Technology on the criteria and technical conditions that cash registers must meet.
    • The issuance of an e-receipt is conditional upon the Buyer’s consent. The Buyer agrees to the issuance of an e-receipt and the method of its issuance by accepting these Regulations.
    • The Seller issues the Buyer an e-receipt through the eparagony.pl (Spark) system and repository of electronic fiscal receipts.
    • The issuance of an e-receipt occurs at the moment of actual registration of the document in the document repository of the eparagony.pl system, to which the Buyer gains access in an open form via a unique hyperlink sent by the Seller to the Buyer’s email address provided in the order.
    • In case of problems accessing the readable version of the document, the Buyer should check the SPAM folder and immediately contact the Seller.
    • The Seller may additionally send the Buyer a one-time notification to the phone number provided in the order to inform them of the issuance of the e-receipt.

§ 7 RIGHT OF WITHDRAWAL

  1. The Consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without stating any reason.
  2. The withdrawal period expires 14 days from the date:
    • When the Consumer took possession of the goods or when a third party, other than the carrier and indicated by the Consumer, took possession of the goods.
    • When the Consumer took possession of the last item or when a third party, other than the carrier and indicated by the Consumer, took possession of the last item in the case of a contract requiring the transfer of ownership of multiple items delivered separately.
  3. To exercise the right of withdrawal, the Consumer must inform the Seller, using the contact details provided in § 2 of the Regulations, of their decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post or information sent by email).
  4. Any special discount is canceled upon refund and deducted from the refunded amount.
  5. The Consumer may use the sample withdrawal form provided at the end of the Regulations, but this is not mandatory.
  6. To meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding the exercise of their right of withdrawal before the withdrawal period expires.

CONSEQUENCES OF WITHDRAWAL
7. In the event of withdrawal from the concluded contract, the Seller shall refund to the Consumer all payments received from them, including the costs of delivering the goods, immediately, and in any case, no later than 14 days from the day the Seller was informed of the Consumer’s decision to exercise the right of withdrawal.
8. The Seller will refund the payment using the same payment methods used by the Consumer in the original transaction unless the Consumer agrees to a different solution; in any case, the Consumer will not incur any fees related to this refund.
9. The Seller may withhold the refund until the goods are received or until proof of their return is provided, whichever occurs first.
10. The Seller requests that the goods be returned to the following address: Alfreda Dauna 70/18, 30-629 Kraków, Poland, immediately, and in any case, no later than 14 days from the day the Consumer informed the Seller of their withdrawal from the sales contract. The deadline is met if the Consumer sends the goods before the 14-day period expires.
11. The Consumer bears the direct costs of returning the goods.
12. The Consumer is only responsible for any diminished value of the goods resulting from handling them in a manner other than necessary to establish their nature, characteristics, and functioning.
13. If, due to its nature, the goods cannot be returned by regular mail, the Consumer will also bear the direct costs of returning the goods. The Consumer will be informed of the estimated amount of these costs in the product description in the Store or during the order placement process.
14. In the case of a refund for a transaction made by the Buyer using a payment card, the Seller will refund the funds to the bank account associated with the Buyer’s payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right of withdrawal from a distance contract does not apply to the Consumer in relation to a contract:
    • Where the subject of the service is a non-prefabricated product, manufactured according to the Consumer’s specifications or intended to meet their individual needs.
    • Where the subject of the service is a product that spoils quickly or has a short shelf life.
    • Where the subject of the service is a product delivered in sealed packaging, which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery.
    • Where the subject of the service is items that, due to their nature, become inseparably mixed with other items after delivery.
    • Where the subject of the service is audio or video recordings or computer software delivered in sealed packaging if the packaging has been opened after delivery.
    • For the delivery of newspapers, periodicals, or magazines, except for subscription contracts.
    • Where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the withdrawal period expires.
    • For the supply of digital content not recorded on a tangible medium if the performance of the service began with the Consumer’s express consent before the withdrawal period expired and after the entrepreneur informed them of the loss of the right of withdrawal.

§ 9 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer has the right to file a complaint regarding the defective goods based on the warranty or guarantee regulated by the Civil Code, provided a guarantee has been granted.
  2. Using the warranty, the Buyer may, under the conditions and within the deadlines specified in the Civil Code:
    • Submit a statement requesting a price reduction
    • In the case of a significant defect, submit a statement requesting withdrawal from the contract
    • Request the elimination of the defect
  3. The Seller requests that complaints based on the warranty be sent to the postal or email address specified in § 2 of the Regulations.
  4. If it turns out that the delivery of the defective goods to the Seller is necessary for the complaint to be considered, the Buyer is obliged to deliver the goods, in the case of a Consumer, at the Seller’s expense, to the address: Alfreda Dauna 70/18, 30-629 Kraków, Poland.
  5. If an additional guarantee applies to the goods, information about it and its terms is available in the product description in the Store.
  6. Complaints regarding the operation of the Store should be sent to the email address specified in § 2 of the Regulations.
  7. The Seller will consider the complaint within 14 days.

EXTRAJUDICIAL COMPLAINT AND REDRESS PROCEDURES
8. If the complaint procedure does not yield the result expected by the Consumer, the Consumer may, among other things, use:

  • Mediation conducted by the relevant Regional Inspectorate of the Trade Inspection, to which a mediation application should be submitted. As a rule, the procedure is free of charge. The list of inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
  • Assistance from the competent permanent consumer arbitration court operating at the Regional Inspectorate of the Trade Inspection, to which an application for consideration of the case by the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
  • Free assistance from the municipal or district consumer ombudsman.
  • The online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
  2. The Buyer’s personal data is processed based on the contract and for the purpose of its performance, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and Council (EU) (GDPR). Detailed information on data processing by the Seller is included in the privacy policy available in the Store.
  3. The Seller may provide the entity providing IT services related to the issuance, maintenance, and access to electronic receipts with the Buyer’s phone number or email address, which may be processed for the purposes of:
    • Verifying whether the given phone number or email address is registered in the entity’s products and, if verified positively, providing the Buyer with access to electronic receipts and additional information from the issuance process in those products.
    • Sending text messages and other notifications to Buyers confirming the issuance of an electronic receipt to the IT system of the entity providing IT support for electronic receipts.

§ 11 RESERVATIONS

  1. The Buyer is prohibited from providing illegal content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded for the duration and purpose of fulfilling the order.
  3. All sales documents (receipts, invoices) for the purchase of gift certificates are issued for orders in which the certificate was used.
  4. Store discounts do not combine. For example, a discount received when purchasing a gift voucher does not combine with discounts granted when placing an order in which the code from the purchased voucher was used. The larger discount always applies (maximum 10%).
  5. Contracts concluded based on these Regulations are concluded in English.
  6. None of the provisions of these Regulations exclude or limit in any way the Consumer’s rights arising from legal provisions.
  7. Copying photos and descriptions (in whole or in part) without the consent of the website owner and administrator is prohibited. Pursuant to the Act on Copyright and Related Rights of February 4, 1994 (Journal of Laws 94 No. 24, item 83, correction: Journal of Laws 94 No. 43, item 170), the use of original ideas, solutions, copying, or disseminating photos, graphic fragments, or textual descriptions for commercial purposes without the author’s consent is prohibited and constitutes a violation of copyright, subject to penalties. Trademarks and graphic images are the property of the respective companies and/or institutions.

§ 12 PROVISIONS CONCERNING NON-CONSUMER BUYERS

  1. The right of withdrawal from a distance contract does not apply to any entity other than a Consumer.
  2. Any liability of the Seller towards a Buyer who is not a Consumer is excluded.
  3. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court with jurisdiction over the Seller’s registered office.

Appendix No. 1 to the Regulations
Below is a sample withdrawal form that the Consumer may, but is not obliged to, use:

SAMPLE WITHDRAWAL FORM
(This form should be completed and returned only if you wish to withdraw from the contract)

FIRMA ANDRII KOMISSAROV
Alfreda Dauna 70/18, 30-629 Kraków, Poland
Email Address: umdmarket@gmail.com

I/We ……………………………………………………….. hereby inform you of my/our withdrawal from the sales contract for the following goods:
……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

Date of receipt: ……………………………………………………………………………………………………………………………………………………………………………………………………
Name and surname of the Consumer(s): …………………………………………………………………………………………………………………………………………………………………………
Address of the Consumer(s): ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

……………………………………………………………………………….
Signature of the Consumer (only if the form is sent in paper form)
Date ……………………………………….

(*) Delete as appropriate.

Account Terms and Conditions

Terms of use for an account in the UMD Market store

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 Reservations

§ 1 DEFINITIONS

Account – a free function of the Store (service), governed by these Regulations, through which the Buyer can create their individual Account in the Store.
Buyer – any entity making purchases in the Store.
Store – the UMD Market online store, operated by the Seller at https://umdmarket.com.
Seller – an entrepreneur conducting business activity under the name FIRMA ANDRII KOMISSAROV, entered into the Central Register and Information on Economic Activity, maintained by the minister responsible for economy and the Central Register and Information on Economic Activity, NIP 6751778559, REGON 524574557, Alfreda Dauna 70/18, 30-629 Kraków, Poland.

§ 2 CONTACT WITH THE SELLER

  1. Postal Address: Alfreda Dauna 70/18, 30-629 Kraków, Poland
  2. Email Address: umdmarket@gmail.com
  3. Phone: +48 731 380 965

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and creation of an Account, you need:
    • An active email address
    • A device with Internet access
    • A web browser supporting JavaScript and cookies

§ 4 ACCOUNT

  1. Creating an Account is entirely voluntary and depends on the Buyer’s will.
  2. The Account provides the Buyer with additional features, such as: viewing the history of orders placed by the Buyer in the Store, checking the order status, or independently editing the Buyer’s data.
  3. To create an Account, complete the appropriate form in the Store.
  4. Upon creating the Account, a contract for the management of the Account is concluded between the Buyer and the Seller for an indefinite period under the terms specified in the Regulations.
  5. The Buyer may cancel the Account at any time without incurring any costs.
  6. To cancel the Account, the Buyer must send a cancellation request to the Seller at the email address: umdmarket@gmail.com, which will result in the immediate deletion of the Account and termination of the Account management agreement.

§ 5 COMPLAINTS

  1. Complaints regarding the operation of the Account should be sent to the email address: umdmarket@gmail.com.
  2. The Seller will consider the complaint within 14 days.

EXTRAJUDICIAL COMPLAINT AND REDRESS PROCEDURES
3. If the complaint procedure does not yield the result expected by the Consumer, the Consumer may, among other things, use:

  • Mediation conducted by the relevant Regional Inspectorate of the Trade Inspection, to which a mediation application should be submitted. As a rule, the procedure is free of charge. The list of inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
  • Assistance from the competent permanent consumer arbitration court operating at the Regional Inspectorate of the Trade Inspection, to which an application for consideration of the case by the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
  • The online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 6 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
  2. The Buyer’s personal data is processed based on the contract and for the purpose of its performance, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and Council (EU) (GDPR). Detailed information on data processing by the Seller is included in the privacy policy available in the Store.

§ 7 RESERVATIONS

  1. The Buyer is prohibited from providing illegal content.
  2. The Account management contract is concluded in English.
  3. All purchase documents for gift certificates are issued for orders in which the certificate is used.
  4. In the event of significant reasons specified in paragraph 5, the Seller reserves the right to amend these Account Regulations.
  5. Significant reasons referred to in paragraph 4 include:
    • The need to adapt the Store to legal regulations applicable to its operations
    • Improving the security of the services provided
    • Changes to the Account’s functionality requiring amendments to the Account Regulations.
  6. The Buyer will be notified of planned changes to the Account Regulations at least 7 days before the changes take effect via an email sent to the address associated with the Account.
  7. If the Buyer does not accept the planned changes, they must inform the Seller by sending a message to the Seller’s email address: umdmarket@gmail.com, which will result in the termination of the Account management contract as of the date the planned changes take effect or earlier if the Buyer submits such a request.
  8. If the Buyer does not object to the planned changes before they take effect, it is assumed that they accept them, which does not preclude the termination of the contract in the future.
  9. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court with jurisdiction over the Seller’s registered office.
  10. None of the provisions of these Regulations exclude or limit in any way the Consumer’s rights arising from legal provisions.

Newsletter Terms and Conditions

UMD Market

§ 1 DEFINITIONS

Newsletter – a free service provided electronically, through which the Service Recipient can receive electronically from the Service Provider at the UMD Market, operated by the Service Provider at https://umdmarket.com.
Service Provider – an entrepreneur conducting business activity under the name FIRMA ANDRII KOMISSAROV, entered into the Central Register and Information on Economic Activity, maintained by the minister responsible for economy and the Central Register and Information on Economic Activity, NIP 6751778559, REGON 524574557, Alfreda Dauna 70/18, 30-629 Kraków, Poland.
Service Recipient – any entity using the Newsletter service.

§ 2 NEWSLETTER

  1. The Service Recipient may voluntarily use the Newsletter service.
  2. To use the Newsletter service, you need a device with the latest version of a web browser supporting JavaScript and cookies, with Internet access and an active email account.
  3. Emails sent as part of this service will be sent to the email address provided by the Service Recipient when subscribing to the Newsletter.
  4. To conclude a contract and subscribe to the Newsletter service, the Service Recipient first provides their email address in the designated place on the Website, to which they wish to receive messages sent as part of the Newsletter. Then, the Service Provider will send the Service Recipient a message confirming the email address, which will include a link allowing the Service Recipient to confirm their intention to subscribe to the Newsletter. Upon confirmation by the Service Recipient, a contract for the provision of the service is concluded, and the Service Provider begins providing the service to the Service Recipient.
  5. Messages sent as part of the Newsletter will include information on the possibility of unsubscribing and a link to unsubscribe.
  6. The Service Recipient may unsubscribe from the Newsletter at any time without stating a reason and without incurring any costs by using the option specified in paragraph 5 or by sending a message to the Service Provider’s email address: umdmarket@gmail.com.
  7. If the Service Recipient uses the unsubscribe link or sends a message requesting to unsubscribe from the Newsletter, the contract for the provision of this service will be terminated immediately.

§ 3 COMPLAINTS

  1. Complaints regarding the Newsletter should be sent to the Service Provider at the email address: umdmarket@gmail.com.
  2. The Service Provider will respond to the complaint within 14 days of its receipt.

§ 4 PERSONAL DATA

  1. The administrator of personal data provided by the Service Recipient when using the Newsletter is the Service Provider.
  2. The Service Recipient’s personal data is processed based on the contract and for the purpose of its performance, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and Council (EU) (GDPR). Detailed information on data processing by the Service Provider is included in the privacy policy available in the Store.

§ 5 FINAL PROVISIONS

  1. The Service Provider reserves the right to amend these Regulations only for significant reasons. A significant reason is understood as the need to amend the Regulations due to the modernization of the Newsletter service or changes in legal regulations affecting the provision of the service by the Service Provider.
  2. Information about planned changes to the Regulations will be sent to the Service Recipient’s email address provided during Newsletter subscription at least 7 days before the changes take effect.
  3. If the Service Recipient does not object to the planned changes before they take effect, it is assumed that they accept them.
  4. In case of disagreement with the planned changes, the Service Recipient must inform the Service Provider by sending a message to the Service Provider’s email address: umdmarket@gmail.com, which will result in the termination of the service contract as of the date the planned changes take effect.
  5. The Service Recipient is prohibited from providing illegal content.