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Terms & Conditions

ON-LINE STORE & PAYMENTS TERMS AND CONDITIONS

(hereinafter referred to as the “T&C”).

GENERAL PROVISIONS

  1.  The on-line store and online payments (including online forms from service companies) at the following addresses: 
    http://www.krakowmusic.com 
    are run by:

Juan M Sarabia Gutierrez PARACADEMIC, registered in the Entrepreneurs Register of the National Court Registry, held by the District Court for Kraków-Śródmieście, XI Commercial Department under no. 380115020, seated in Kraków, at ul. Tenczyńska 6/6, 31-102 Kraków,  NIP (tax ID): 6762403739.

E-mail address: paracademic@gmail.com, Tel: +48 692 362 833

  1. These T&C stipulate store & online payments rules, and in particular types and scope of services provided online, terms and conditions for the services, rules for executing sales contracts with the use of the online software, rules for the contracts performance, parties’ rights and obligations, and rules for handling complaints.
  2. Glossary of terms used in the T&C:

STORE – the online store and online payments forms at: http://www.krakowmusic.com

COMPANY- Juan M Sarabia Gutierrez PARACADEMIC seated in Kraków, at Tenczyńska 6/6, 31-102 Kraków.

MERCHANDISE – any item to be sold in the STORE by the COMPANY.

BUSINESS DAY – each day of the week, from Monday to Friday, excluding bank holidays;

ORDER LEAD TIME – time during which the SERVICE shall be prepared and delivered to the Client.

CLIENT – a natural person, a corporate body or any other entity who purchases MERCHANDISE OR SERVICES presented in the STORE using the STORE software.

CONSUMER – a consumer in the understanding of Art. 221 of the Civil Code.         

TRADITIONAL TRANSFER – payment effectuated by the Client in a bank from an on-line or regular account or at a post office;

ELECTRONIC TRANSFER – payment effectuated by the Client from an on-line account using the PayU system.

SERVICES – the services provided by the Company on-line through the Store, involving activities related to executing and performing sales contracts for Company Merchandise and presenting other vendors’ products.

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

TYPES OF SERVICES PROVIDED

The Store presents two types of products:

a) products & services sold by other on-line stores;

b) products & services sold by the Company (the “Merchandise” & “Services”).

In case of products sold by other on-line stores, the Store activity only involves the presentation of such products on its website and redirecting a Client directly to the product website of a given store (after clicking on a respective button). The Company shall not be liable for the content of the offers/publications of other vendors and for the quality of the products sold. A sales contract for a product shall be executed with a specific vendor through a given on-line store.

In case of products sold directly by the Company, the Merchandise or Services can be purchased in the Store using the Store software. The Company shall be a party to the sales contract of Merchandise or Service and it shall be liable for the proper performance of the contract. Details of accepting and completing orders for Merchandise have been presented below.

ACCEPTING AND COMPLETING ORDERS

  1. The Store sells Merchandise and Services on the Internet.
  2. Each natural person with legal capacity, a corporate body or other legal entities with legal capacity can be Clients of the Store.
  3. Orders shall be accepted by the Store staff in an electronic form, using the Store software.
  4. By placing selected Merchandise or services in the basket or contacting the Company directly and sending an order form, the Client places an offer to execute a sales contract with the Company for the selected Merchandise.
  5. After a proper order placement, the Store shall send notification about the order to the Client’s e-mail address. This information is not tantamount to the acceptance of the Client’s offer. It is merely information that the Seller has received the order.    
  1. Subsequently, the Seller shall verify whether the order can be accepted for completion. An order confirmation sent by the Store to the e-mail address provided by the Client constitutes acceptance of the offer. The Store shall also send the Client a contract confirmation via email. The Client shall be obliged to pay for the purchased Merchandise or Service within 14 business days from the order acceptance date. Failure to make the payment within the aforementioned period shall be deemed cancellation of the order.
  2. To place and order, the Client must:
    a) select Merchandise or Service to order,
    b) choose the form delivery address and a billing  address (those can be different),
    c) choose a payment method. Should a mistake be made and wrong information sent, the Client shall immediately notify the Store by e-mail or by phone.
  3. Services shall be delivered worldwide (excluding any embargoed countries).
  4. The contract can be executed in the English language.
  5. The Store is obliged to deliver defect-free Merchandise and/or Services

MERCHANDISE & SERVICES PRICES

  1. All Merchandise & Services prices presented on the Store’s website or sent to the Client:
  1. are provided in Polish zlotys (unless requested otherwise by the client)
  2. are VAT inclusive,
  3. do not include shipping costs.
  1. The price presented at each Merchandise shall be valid on the moment of order placement by the Client.
  2. The Store reserves the right to alter the Merchandise or Services prices, introduce and cancel promotional actions or introduce changes thereto.  The aforementioned right shall not influence the Merchandise or Service prices for orders placed before the change of the price or promotional campaign has came into force.
  3. Promotions in the Store cannot be combined, unless the promotion rules stipulate to the contrary.
  4. Shipping costs shall depend on the type (value) of the Merchandise or Services and the shipment method chosen. A table of shipping costs and options is presented on the Store website.

ORDER LEAD TIME

  1. The order lead time depends on the statement of work agreed by Client and Company:

– from the booking of the payment for the ordered Merchandise (for wire transfers)

– from transaction authorisation (for card or on-line payments)

  1. The order lead time does not include the shipment time which depends on the selected delivery method. Merchandise shall be delivered on the date declared by the carrier. Services will be rendered according to the time stipulated in the statement of work by Client & Company.

PAYMENT METHODS

  1. The Client may pay for ordered Merchandise or Services with shipment in Poland by: wire transfer, online transfer, card in PayU. In case of card payment, the amount is charged automatically “auto deposit”.
  2. Orders with shipment outside Poland can only be paid for by card in PayU.
  3. PayU allows the following credit cards:
  • Visa
  • MasterCard
  • American Express

Payment is also possible with Maestro and other debit cards with on-line payment option, i.e. ones which have the CVV2 code.

  1. The Store reserves the right to exclude certain forms of payment for some ordered Merchandise or Services.

COMPLAINTS, LIABILITY FOR MERCHANDISE DEFECTS.

  1. If any delivered Merchandise has a physical or legal defect, or any Service is not renderd according to Contract, the Client who is a Customer can choose at their own discretion entitlements under warranty [rękojmia] from the Company – upon terms and conditions laid down in the act of 23rd April 1964 –  – the Civil Code.
  2. In such a case, the Client should send the Merchandise to the Company address (ul. Tenczynska 6/6, 31-102 Kraków). Or send a Services reclamation email to krkmusicscene@gmail.com
  3. The returned Merchandise should be accompanied by a proof of purchase, a description of the defect found by the Client and the chosen method of complaint handling.
  4. The non-compliant Services should be specified in the email including the descriptions of the defect.
  5. Within 14 days from the reception date of the complained Merchandise or Service at the latest, the Store shall take a stance on the complaint (the period shall not apply to complaint when the Client wishes to cancel the contract) and shall advise the Client about further steps. The entrepreneur shall reply to the Client’s complaint on paper or another permanent medium. Costs of sending back the complained Merchandise (economy parcel) shall be reimbursed by the Store after positive review of the complaint, pursuant to a procedure laid down in Chapter VIII Refunds to Clients.
  6. Differences in the look of the delivered Merchandise and the Merchandise ordered as viewed on the Store website which result from different settings (parameters) of the screen or graphic adapter at the Client’s shall not constitute a basis for complaint.
  7. If the Client is not a Customer, the parties exclude the Company liability under warranty [rękojmia] for physical defects of the merchandise.
  8. The Client may also lodge complaints regarding the Services. Such complaints can be sent by e-mail to the following address: krkmusicscene@gmail.com. The complaint should include Client’s e-mail address, if the complaint has been sent from a different address, and a detailed description of the problem. Complaints which comply with the aforementioned requirements shall be handled within 14 days from their reception date by the Shop.

RIGHT TO CANCEL THE CONTRACT.

  1. Pursuant to art. 27 of the act of 30th May 2014 on consumer’s rights, a Client who is a Consumer, may cancel the sales contract for Merchandise or Services without providing any reasons  within 14 days from the item being taken in possession by the Client or a third party named by the Client other than a carrier – in case of contracts where the Company hands over an item being obligated to transfer its ownership, or from the contract date – in case of other contracts.
  2. In order to cancel a contract, the Client should submit to the Company a cancellation notice. The notice can be filed on a form whose specimen has been included in Schedule no. 1 to the T&C.
  3. A Client who cancels a contract shall be obliged to return the Merchandise to the Store. The Merchandise should be returned immediately, yet within fourteen days from the cancellation date at the latest. The returned Merchandise should be safely packed and delivered together with its proof of purchase to the Company address. The Client shall be obliged to deliver the Merchandise free of any defects. The Client shall be liable for any loss of the Merchandise value as a result of using it in a way beyond what is needed to determine the item’s nature, features and functions.
  4. The Store shall not accept any COD parcels. The cost of sending the Merchandise back shall not be reimbursed and shall be incurred by the Client.
  5. In case of contract cancellation, the Store shall forthwith refund all payments made by the Client, including shipment costs, within 14 days at the latest counted from the reception date of the Client’s cancellation notice, pursuant to the provisions laid down in Chapter VIII Refunds to Clients.

The Store may suspend the refund of payments by the Client until the Merchandise has been received back or until the Client has provided a shipment receipt, whichever occurs earlier.

  1. Pursuant to the act of 30th May 2014 on consumer’s rights, the cancellation right does not apply to the following contracts:
  • for provision of Services, if the contractor has fully performed the service upon an expressed consent from the consumer who had been advised before the service started that after it was completed he would lose the right to cancel the contract;
  • when the price or the fee depends on fluctuations on the financial market which are beyond the entrepreneur’s control and which can occur before the cancellation right period expires;
  • whose subject is a non-prefabricated item, produced according to consumer’s specifications or which serves the satisfaction of their individual needs;
  • whose subject is a perishable item or an item with a short expiry date;
  • whose subject is an item delivered in sealed packaging, which after being opened must not be returned due to health protection or hygienic reasons, if the packaging has been opened after the delivery;
  • whose subject are items which due to their nature shall after delivery be permanently joined with other items;
  • where the consumer explicitly requested the entrepreneur’s arrival for urgent repair or maintenance; if the entrepreneur additionally provides additional services apart from the ones requested by the consumer or supplies other items than spare parts needed for the repair or maintenance, the consumer shall maintain the cancellation right to such additional services or items;
  • whose subject are audio or video recordings or computer software delivered in sealed packaging, if the packaging has been opened after the delivery;
  • executed through a public action;
  • for delivery of digital content which is not recorded on a material medium, if the service commenced upon an explicit consent from the customer before the expiry of the cancellation period and if the customer had been advised about losing the right to cancel the contract.

REFUNDS FOR CLIENTS

  1. In each case where the Store is obligated to refund monies paid by a Client to the Store account, the refund be effectuated within maximum 14 business days.
  2. If the Client paid by card or on-line transfer, the refund shall be to the card or the bank account from which the payment was made. In case of payments by traditional transfer, COD payment or if the bank account from which the payment was made cannot be identified by no fault of the Store, the refund shall be made to an account provided by the Client. The Store reserves the right to verify identity of Customers submitting a refund notice.
  3. The Store shall not be liable for failure to refund or for delayed refunds, if the Client, despite a request to do so, fails to provide information needed for the refund. The Store shall not be liable for failure to refund or for delayed refunds, if that results from providing wrong personal data (name, surname, address) or a wrong bank account number by the Client.

PERSONAL DATA

  1. When placing an order with the Store, the Client is requested to provide their personal data necessary to execute and perform the contract, including Merchandise shipment and Services rendered.
  2. Client’s personal data are provided on voluntary basis, yet they are necessary to execute and carry out the contract. Should the provision of data be refused, the contract cannot be executed.
  3. The Personal Data Controller is:

Juan M Sarabia Gutierrez PARACADEMIC, registered in the Entrepreneurs Register of the National Court Registry, held by the District Court for Kraków-Śródmieście, XI Commercial Department under no. 380115020, seated in Kraków, at ul. Tenczyńska 6/6, 31-102 Kraków,  NIP (tax ID): 6762403739.

E-mail address: paracdemic@gmail.com, Tel: +48 692 362 833

  1. Clients’ personal data shall be processed to enter the contract (legal basis – GDPR art. 6 sect. 1 letter b), to perform the contract (legal basis – GDPR art. 6 sect. 1 letter b), to establish and pursue a possible claim or to defend against claims  (which constitutes our legitimate interest – legal basis – GDPR art. 6 sect. 1 letter f), for direct marketing – to offer our products and services to you (which constitutes our legitimate interest – legal basis – GDPR art. 6 sect. 1 letter f), and to offer you products and services of companies cooperating with us (which constitutes our and our partners’ legitimate interest – legal basis – GDPR art. 6 sect. 1 letter f), – within the scope defined by an analysis of legitimate interests which we have conducted and documented.  
  2. The processing of Clients’ personal data may involve the following information:
    a) Client’s name and surname
    b) address,
    c) mailing address, if different than the one in item c,
    d) Client’s e-mail addresses.
  3. The personal data can be made available to the following categories of recipients:

Entities we employ for processing Clients’ data – accounting, legal, IT and postal firms, and our business partners. Such entities shall only process the data on the basis of an agreement signed with us and only according to our orders.

  1. Any personal data collected in order to enter and perform a contract shall be stored throughout the contract term and if the contract is not signed or after it expires – throughout a period necessary for making claims or defending against claims.
  2. The personal data processed for direct marketing purposes shall be stored until the Client objects their processing, in case of withdrawal of the so called marketing consent or if the data are found out-of-date.
  3. No personal data shall be subject to automated decision-making or profiling.
  4. Each Client shall be entitled to request us to allow access to their data and correct the same, cancel or limit the processing, and shall have the right to transfer their data and the right to withdraw the consent for data processing within the scope the consent has been granted.
  5. The Client may at any moment object their personal data processing for the needs of direct marketing.
  6. The Client may at any moment, because of reasons related to their special circumstances, object their personal data processing based on GDPR art. 6 sect. 1 letter e) or f), including the profiling based on these regulations.
  7. The Client may lodge a complaint regarding the processing the data to the authority in charge of personal data processing (Prezes Urzędu Ochrony Danych Osobowych /President of the Personal Data Protection Authority/, address: Stawki 2, 00-193 Warszawa).
  8. When Client’s personal data are provided through the Store website, data transmission between the Client’s machine and the Store server shall be encrypted with the SSL protocol.

FINAL PROVISIONS

  1. A sales contract is executed by and between the Client and the Company and follows the rules stipulated in the T&C.
  2. The Store shall not be liable for administrators ‘ blockades of servers which deliver e-mails to the e-mail addresses provided by the Client and for deleting or blocking e-mail communication by software installed on computers used by the Client.
  3. The Store shall not be responsible for any errors in processing an order or other instructions from the Client which are a result of providing incorrect data by the Client.
  4. The Store shall bot be liable for any transactions by unauthorised third parties who gain access to the Client’s Account as a result of Client’s negligence when using the Account login and password.
  5. Contracts & online payments executed through the Store shall be construed and carried out according to the Polish law. However, the choice of the Polish law must not deprive any consumer of protection they may receive under regulations which, according to the Consumer’s state law, cannot be excluded from the contract.
  6. The Store reserves the right to amend the T&C. Any amendments to the T&C shall become effective on a date provided by the Store which shall be not earlier than 3 days form the date when the amendments are published on the Store’s website. Any orders placed prior to the amendments effective date shall be completed according to the provisions applicable on their placement date.
  7. The Client shall be obliged to observe the prohibition to abuse electronic communication and to deliver via ICT systems any content:
    a) which disturbs or overloads ICT systems
    b) which breaches third partier’s rights, generally approved  social standards or which is against to generally applicable law.
  8. The Company reserves the right to run maintenance works of the ICT system which may cause inconveniences or even make it impossible for the Clients to use the Store.
  9. Dates and periods of maintenance works shall be published, as far as possible, on the Store’s website prior to their commencement.
  10. In special situations, when the ICT system safety or stability is concerned, the Company may temporarily cease or limit the Store operations without prior notice and run maintenance to restore  full safety and stability of the ICT system.
  11. Technical requirements to use the Store:
  • in order to properly use the Store and online payment forms one of the following browsers is needed: Internet Explorer 8.0 or higher, Chrome 34 or higher, FireFox 29 or higher, Safari 10 or higher, with JavaScript active and cookies accepted;
  • the Store system may use the following technologies: Java, JavaScript, XML, PHP, cookies, HTML, CSS.