Terms of Services provided by electronic means
§ 1. General Provisions.
1. These Terms of Services established by Polskie Wydawnictwo Muzyczne pursuant to Art. 8 (1)(1) of the Act of 18 July 2002 on electronic services (Dz. U. “Journal of Laws” No. 144 item 1204) specifies the following:
a) the types and scope of services provided by electronic means;
b) conditions for the provision of online services;
c) conditions for the conclusion and termination of contracts for the provision of services by electronic means;
d) complaints procedure.
2. Definitions of terms used herein:
a) electronic address - designation of a computerized system that enables communication by electronic means;
b) website - a system of web pages available on the web server at www.pwm.com.pl, representing a collection of static and dynamic documents, containing graphic files, scripts, and other linked elements;
c) online store - an online store run by Polskie Wydawnictwo Muzyczne at the Internet address http://sklep.pwm.com.pl;
d) parties - the service provider and the customer;
e) computerized system - a set of cooperating IT devices and software that enables processing and storage as well as sending and receiving of data via telecommunications networks by using terminal equipment that is appropriate for a particular type of network, within the meaning of the Telecommunication Law Act of 21 July 2000;
f) electronic means of communication - technical solutions, including ICT equipment and associated software tools, enabling individual distance communication using data transmission between ICT systems, especially electronic mail;
g) provision of service by electronic means - the performance of service provided without the simultaneous presence of the parties (at a distance), through the transmission of data on individual request of a customer, transmitted and received using the devices intended for electronic processing, including digital compression and data storage, which is broadcasted, received or transmitted in full using telecommunication network within the meaning of the Telecommunication Law Act of 16 July 2004;
h) services - services provided by electronic means;
i) service provider - Polskie Wydawnictwo Muzyczne - a national institution of culture with its registered office in Krakow at al. Krasińskiego 11a, 31-111, the Małopolskie Voivodeship, Poland, entered in the register of cultural institutions under the number 92/2016, NIP (Tax Identification Number): 676-250-22-46, represented by the director Adam Radzikowski.
§ 2. The types and the scope of services provided by electronic means.
1. The service provider offers the following services:
a) information services;
b) communication services;
c) the services related to the sales of products through the online store.
2. The Services are provided via the website.
§ 3. The scope of information services.
1. Information services consist in sharing, at the individual request of a customer, the information posted on the website, by displaying pages with a specific URL, which contain information data individually requested by the customer. Information services involve in particular the services through which the customer can obtain:
a) general information about the service provider and its activities, information about contact persons designated by the service provider;
b) information about the products available from the service provider: sheet music and printed books, sheet music and books in electronic format (pdf, e-books), orchestral materials, photos, CDs, stationery, gadgets;
c) information about composers and authors represented by PWM;
d) information on concerts, events related to the composers represented by PWM and publications;
e) information about educational events organized or co-organized by PWM;
f) information on news related to the current activities of PWM
§ 4. The scope of communication services
1. Communication services consist in enabling communication with the particular department of the service provider at the individual request of a customer.
2. Communications services involve in particular:
a) services offering the customer an opportunity to sign up for a subscription of PWM newsletters . The rules of the newsletter subscription are specified in the Newsletter Terms and Conditions;
b) services enabling the customer to create their customer account. Customer account contains information provided voluntarily by the Customer (as his: name, mailing address, email address, phone number), necessary to: enable the Service Provider contact the Customer, ship out the materials ordered, archive orders in the Customer account and access to Cart and Clipboard services;
c) service giving the customer an opportunity to inquire about the prices or availability of products
§ 5. The scope of services relating to the organization of product sales using the online store.
1. Services in the scope of organization of product sales using the online store consist in enabling the customer to place orders for products distributed by the service provider.
2. The services, referred to in sec. 1 are performed with the use and functionality of the "bookshop" tab; the functionality of this tab enables the customer - after logging in - to make offers of purchase for the products distributed by the service provider. 3. Detailed rules for the sales of products using the online store are specified in the online store terms and conditions.
§ 6. Terms of Service.
1. In order to properly use the services, the customer should make sure their hardware and software meets the following minimum requirements:
a) browser (Firefox version 2.0. or higher, Internet Explorer version 6.0. or higher);
b) display with a resolution of min. 1024x768;
c) Cookies and Java Script enabled.
2. If hardware and software used by the customer does not meet the technical requirements specified in section 1, the service provider cannot guarantee the correct operation of applications and stipulates that it could have a negative impact on the quality of the services provided.
3. The Service Provider is not liable for interruptions of service due to failure or malfunction of ICT systems that are beyond control of the Service Provider.
4. Provision of services by electronic means by the service provider shall be free of charge. 5. It is prohibited for the service provider to deliver content that is unlawful or offensive as well as to take actions that may cause interference or damage to the website
§ 7. Conditions for concluding and terminating contracts for the provision of electronic services.
1. These terms and conditions form an integral part of contracts for the provision of services by electronic means concluded by and between the service provider and the customer
2. The contract for the provision of services by electronic means is executed when the customer commences to use the service.
3. These terms and conditions are available through the website www.pwm.com.pl in a form that allows for its download, saving and printing. In particular, the text of these terms and conditions may be saved to disk and printed.
4. By using the website www.pwm.com.pl, the customers confirms to have read the contents of these terms and conditions and accept its provisions as well as to have concluded the contract for the provision of services by electronic means.
5. The user may terminate the use of the service at any time. When the customer ceases to use the website www.pwm.com.pl, the contract for the provision of services by electronic means shall be terminated automatically without the need to submit additional declarations by the parties.
§ 8. Cookies.
1. Cookies (cookies) are short text files stored in the system of the customer by the system of the service provider, which can only be read by the system they are stored in.
2. Cookies (cookies) serve only to facilitate the identification of the customer by the system of the service provider.
§ 9. Complaints procedure.
1. The recipients have the right to submit complaints on the matters relating to the services, in particular with regard to:
a) failure to meet the deadline specified in the contract for launch of the services provided to the Customer, through fault of the Service Provider;
b) non-performance, undue performance of the services or defective settlement of the services;
c) delivery of goods different from the description, damaged or containing technical defect.
2. Complaints should be submitted in writing by registered mail, to the address of the Service Provider or in the form of electronic mail to the following address: internet@pwm.com.pl.
3. The complaint may be filed within 12 months from the occurrence of the event giving rise to the complaint.
4. Complaints submitted after the expiry of the period referred to in paragraph 1 shall not be considered, which the claimant shall be immediately notified of.
5. A properly lodged complaint should contain at least the following details:
a) first name, last name or name, and residence address or registered office of the Claimant;
b) detailed determination of the subject matter of the complaint together with the justification of the claim.
6. If the complaint does not contain details referred to in item 4, and such details are necessary for a proper consideration of the complaint, the Service Provider shall call the Claimant to remedy the deficiencies, setting for this purpose a time limit of not less than 7 days. After the expiry of this time limit, the complaint shall be left unconsidered, which the Claimant shall be advised of.
7. The service provider shall acknowledge the receipt of the complaint within 14 days of its submission, unless the reply to the complaint is issued within that period.
8. The service provider shall respond to the complaint within 30 days of its submission.
9. The response shall include the decision whether to grant or refuse recognition to the complaint, and in case of refusal, also the factual and legal grounds.
§ 10. Personal data
1. The personal data provided voluntarily is administered by Polskie Wydawnictwo Muzyczne based in Krakow (31-111) at Al. Krasińskiego 11A.
2. The personal data will be processed in order to:
a. ensure the use of the Online Store;
b. in case for signing up for the newsletter service - deliver commercial information under the terms specified in the Newsletter Terms and Conditions;
c. if the customer expresses their will to participate in the Loyalty Club, for the purpose of participation in it and for marketing purposes of the data administrator, according to principles specified in the Loyalty Club Terms and Conditions
3. Please be informed that with the exception of the entities authorized by law, the collected personal data will not be shared.
4. The customer has the right to access and correct their personal data. Data submission is voluntary, but necessary for the implementation of the aforementioned goals.
§ 11. Final provisions
1. The Service Provider shall have the right to block the access to the website or a part thereof for legitimate reasons, in particular if any irregularities are found in the use of the website, including the occurrence of circumstances to the detriment of the customer or the service provider.
2. The Service Provider shall not be liable for any temporary or permanent suspension of the website availability.
3. The Service Provider shall not be held liable for accuracy, completeness and relevance of information presented on the website, as well as for its suitability for any activities of the Customer.
4. The Service Provider shall not guarantee that the use of the website will be free from errors, defects or interruptions, or that the contents of the website will meet the expectations of the customer as to its substantive value, accuracy or usefulness of the information obtained.
5. The Service Provider shall not be held liable for the use of the Website by the Customer in a manner inconsistent with the provisions of these Terms and Conditions.
6. The Customer shall be fully liable for any consequences resulting from the incorrect filling of forms at the website www.pwm.com.pl, which in particular involves providing erroneous or false data.
7. The Service Provider reserves the right to unilaterally amend these terms and conditions at any time. The amendments shall be effective from the date of their publication on the website www.pwm.com.pl.
8. The Service Provider reserves the right, at any time, to:
a) make changes to the data contained on the website;
b) make changes to the technical parameters of the website;
c) temporarily or permanently limit the availability of the website;
d) completely remove the website at any time.
9. In respect of the obligations associated with these Terms of Service, the liability of the service provider towards the customer is limited to the damage caused intentionally.
10. In matters not covered by these Terms of Service, the provisions of the Civil Code Act of 23 April 1964 and the Act of 18 July 2002 on the provision of services by electronic means shall apply.
