By-laws

The Internet bookstore, operating at www.foliobooks.com (“Folio”) is operated by Top Mark Centre s.c. Marek Majewski, Sylwia Majewska, with its registered Office in Warsaw, at ul. Urbanistów 1/51, 02–397 Warszawa, NIP 526–273–69–28, REGON 015594686 (Sales office: Raszyn ul. Jaworskiego 7), (“TMC”).

§ 1. GENERAL PROVISIONS

1. This By-laws regulates the use of the Folio Internet bookstore, concluding the agreements through internet bookstore the Folio by TMC and the Client and performing those agreements, ordering books available at Folio internet bookstore, delivery of the ordered books to the Client, payment of the purchase price by the Client, canceling the order by the Client as well as the issue of the Client’s right to rescind the agreement and the filing and resolving complaints (reklamacja).

2. The Client is obliged to use the Folio internet bookstore in accordance with its purpose.

§ 2. REGISTRATION

1. The Client may register at Folio Internet bookstore (Client’s account). Registration is not necessary to make purchases at the Internet bookstore.

2. In order to register at the Internet bookstore, it is necessary that the Client:

  1. fills in the form available at the web page of the internet bookstore, providing name and surname, the email address TMC will able to use to contact the Client as well as the password;
  2. accepts this By-laws (express consent to comply with this By-laws);
  3. express consent for processing of his personal data within the scope necessary to conclude, amend, terminate and proper performance of the agreement entered into through electronic means by the Client and TMC.

3. The registration at the Internet bookstore and using its functionalities is free of charge.

4. After the registration log in is carried out using the data provided in the registration form.

5. In order to delete the Client’s account from the internet bookstore the Client should send an email with such a request to info@foliobooks.pl, indicating the email address that is currently registered with the internet bookstore.

§ 3. CONCLUDING AN AGREEMENT – GENERAL PROVISIONS

1. Information about the books available at the internet bookstore constitute an invitation to make an offer within the meaning of Article 71 of the Act of 23 April 1964 – Civil Code.

2. The prices of the books available at the internet bookstore:

  1. are provided in Polish zloty and include the VAT tax due;
  2. do not include the cost of delivery;
  3. are binding for the Client as of the moment of making an order.

3. Folio provides for the following methods of payment:

  1. by the bank transfer to the bank account number 25 1950 0001 2006 9312 1885 0002;
  2. payment at delivery – the costs of the items ordered are paid at their delivery (this method of payment is available for the orders dispatched to addresses within Poland only);
  3. through PayU payment system.

4. The entity that provides the payment services indicated in § 3.3 c) above is PayU with its registered office in Poznań, at ul Grunwaldzka 182, 60-166 Poznań, entered into the entrepreneurs register maintained by the District Court Poznań – Nowe Miasto i Widla in Poznań, VIII Commercial Division of the National Court Register under the number 0000274399, and having the tax identification number (NIP) 779-23-08-495, with a paid up share capital of PLN 4.000.000, being a national payment institution, supervised by the Financial Supervision Authority, entered into the payment services register under number IP1/2012 (in accoradance with by-laws available at http://www.payu.pl/sites/default/files/regulaminy_i_pliki/REGULAMIN_SWIADCZENIA_USLUGI_PAYU.pdf).

5. For orders of the value of no more than PLN 200 and dispatched to an address in Poland, the Client is obliged to cover the following costs of delivery:

    1. Delivery to Poland:

Fedex

      1. 13 PLN – in case of payment by bank transfer;
      2. 15 PLN – in case of payment at delivery;

Poczta Polska

    1. 10 PLN – in case of payment by bank transfer;
    2. 15 PLN – in case of payment at delivery;
  1. The delivery costs for orders dispatched to an address outsider of Poland vary depending on the country of destination and are agreed upon individually.

6. Orders of the value exceeding PLN 200 are delivered to addresses in Poland free of charge.

7. In case of orders hat are to be delivered to an address outside of Poland the delivery costs are agreed upon individually

8. In case of delivery carried out by the courier company we provide, upon the Client’s request a tracking number.

9. Folio reserves its right to change the prices of the items on offer and to introduce new items.

10. The total price including the taxes and the delivery costs is presented to the Client directly before the Client makes the order.

11. The orders at Folio can be made:

  1. through http://foliobooks.pl/ webpage;
  2. by phone – +48 535 902 020
  3. by sending an email to shop@foliobooks.pl

§ 4. CONCLUDING AN AGREEMENT THROUGH WEBPAGE

1. In order to make an order through webpage the Client should:

  1. Choose the book that is to be ordered, and then click the “add to basked” (or similarly described) button – this action can be carried out after the registration and logging in;
  2. Choose the payment method out of the methods indicated on the webpage;
  3. Choose the delivery method;
  4. Provide an address where the ordered books are to be delivered and a name and a surname of a person to whom the books are to be delivered to;
  5. Provide data necessary for TMC to issue an invoice (in case the Client wishes to receive an invoice);
  6. State (by indicating a relevant button on the webpage) that he/she read and understood the By-laws, that constitute an integral part of the agreement entered into by the Client and TMC as well as that he/she read and understood the information required by Article 12 section 1 of the Consumer Rights Act of 30 May 2014, presented by TMC at that webpage;
  7. confirm the order by clicking a button marked as “order & pay” (“zamawiam i płacę”) or similar.

2. By making an order in accordance with § 4.1 above, the Client issues to TMC a declaration of intent (oświadczenie woli), that he/she offers to enter into a sales agreement concerning the items indicated by the Client, in accordance with this By-laws.

3. After making an order in accordance with § 4.1 above, TMC will send to the Client (using the email address indicated by the Client during registration) an email which will include:

  1. information required by Article 12 section 1 of the Consumer Rights Act of 30 May 2014;
  2. confirmation of the content of the proposed agreement.

4. The agreement is concluded at the time TMC sends to the Client an email indicated in § 4.3 of this By-laws.

§ 5. CONCLUDING AN AGREEMENT BY PHONE

1. In order to make an order by phone the Client should contact a member of Folio staff at +48 535 902 020 and during the phone conversation indicate:

  1. a title and number of books that he/she wishes to order;
  2. the payment method out of the methods indicated by the bookstore;
  3. the delivery method
  4. address where the ordered books are to be delivered and a name and a surname of a person to whom the books are to be delivered to
  5. data necessary for TMC to issue an invoice (in case the Client wishes to receive an invoice)
  6. an email address that can be used by Folio to communicate with the Client.

2. By making an order in accordance with § 5.1 above, the Client issues to TMC a declaration of intent (oświadczenie woli), that he/she offers to enter into a sales agreement concerning the items indicated by the Client, in accordance with this By-laws.

3. After making an order in accordance with § 5.1 above, TMC will send to the Client (using the email address indicated by the Client during registration) an email which will include:

  1. information required by Article 12 section 1 of the Consumer Rights Act of 30 May 2014;
  2. confirmation of the content of the proposed agreement

4. After receiving an email in accordance with § 5.3 above, the Client, in order to conclude an agreement, should reply to the received email (by sending an email to the address shop@foliobooks.pl), indicating in the email that he/she accepts the conditions of the agreement, by using a phrase “I accept the conditions”, “I accept” or a similar phrase, unequivocally indicating his/hers intention to conclude an agreement. The reply of the client to the email received in accordance with §5.3 above constitutes a declaration of intent (oświadczenie woli) of entering into a sales agreement in accordance with the conditions indicated in an email received in accordance with §5.3 above. The conclusion of the agreement occurs at the moment Folio receives a reply of the client in accordance with §5.4.

§ 6. CONCLUDING AN AGREEMENT BY EMAIL

1. In order to make an order by email the Client should sent an email to the address shop@foliobooks.pl , in which the Client should indicate:

  1. a title and number of books that he/she wishes to order;
  2. the payment method out of the methods indicated by the bookstore;
  3. the delivery method;
  4. address where the ordered books are to be delivered and a name and a surname of a person to whom the books are to be delivered to
  5. data necessary for TMC to issue an invoice (in case the Client wishes to receive an invoice)
  6. an email address that can be used by Folio to communicate with the Client.

2. By making an order in accordance with § 6.1 above, the Client issues to TMC a declaration of intent (oświadczenie woli), that he/she offers to enter into a sales agreement concerning.

3. After making an order in accordance with § 6.1 above, TMC will send to the Client (using the email address indicated by the Client during registration) an email which will include:

  1. information required by Article 12 section 1 of the Consumer Rights Act of 30 May 2014;
  2. confirmation of the content of the proposed agreement

4. After receiving an email in accordance with § 6.3 above, the Client, in order to conclude an agreement, should reply to the received email (by sending an email to the address shop@foliobooks.pl), indicating in the email that he/she accepts the conditions of the agreement, by using a phrase “I accept the conditions”, “I accept” or a similar phrase, unequivocally indicating his/hers intention to conclude an agreement. The reply of the client to the email received in accordance with §6.3 above constitutes a declaration of intent (oświadczenie woli) of entering into a sales agreement in accordance with the conditions indicated in an email received in accordance with §6.3 above. The conclusion of the agreement occurs at the moment Folio receives a reply of the client in accordance with §6.4

§ 7. PERSONAL DATA

1. By registering at Folio the Client consents for the processing of his personal data necessary for the execution of the order made at Folio, and to sharing his email address with entities cooperating with Folio, as well as for processing by Folio and the entities cooperating with Folio of the Clients personal data in order to fill in a questionnaire concerning the Client’s opinion of the entered transaction, in accordance with Personal Data Protection Act of 29 August 1997.

2. The Client’s consent for processing his personal data is necessary for concluding an agreement (executing an order) between the Client and Folio. The Client is liable for providing untrue or incomplete personal data.

3. The Client’s personal data is protected in accordance with Personal Data Protection Act of 29 August 1997 in a manner that prevents the third parties from accessing the personal data, and in particular the Client is entitled to review his/hers personal data, amend it or demand that it is deleted.

4. Providing a true residence address and phone number is necessary for executing an order. When a suspicion that an incomplete or untrue data was provide, Folio reserve its right to refuse to execute an order (in such a case Folio will notify the Client about this).

§ 8. EXECUTION OF THE ORDER

1. The execution of the order begins:

  1. when the funds are credited with Folio’s account (when the payment is made by a bank transfer); or
  2. when the order is confirmed by the Client in accordance with § 4.4, § 5.4 or § 6.4 above (when the payment is madeat the delivery.

2. The agreement is concluded upon a conditio that the book ordered by the Client is in Folio’s warehouse at the time the order is confirmed.

3. When the condition set out in § 8.2 above is not met, but Folio accepts to acquire the ordered book at a later date (temporary lack of an item), Folio shall notify the Client about this fact (by sending an email to the email address provided by the Client at registration), indicating in tht email, that the Client is entitled to:

  1. accept that the order will be executed at a later date – in case the Client chooses so, TMC undertakes to act with due care in order to acquire the ordered item in shortest time possible; Folio shall notify the Client on the estimated time of executing the order as soon as it obtains necessary information;
  2. refuses to accept that the order will be executed at a later date – in case the Client chooses so it is deemed that the agreement has not been concluded.

4. When the condition set out in § 8.2 above is not met, and Folio does not undertake to acquire the ordered book at a later date (complete lack of an item), Folio shall notify the Client about that (by sending an email to the email address provided by the Client at registration). In such a case it is deemed that the agreement has not been concluded

5. When the condition set out in § 8.2 above is not met only in relation to some of the books ordered, § 8.3 and § 8.4 shall apply accordingly, and the Client is entitled to indicate whether he/she accepts a partial execution of the agreement.

6. The order shall be executed within 3 working days from the date the agreement is concluded. The time after which the Client shall receive the order includes a time of executing the order and the estimated time of delivery

7. The estimated time of delivery is:

  1. Poczta Polska – priority mail; delivery time – 2 working days,
  2. Fedex – Courier mail, delivery time – 1 working day.

8. The delivery is made in a manner chosen by the Client and determined in the order.

9. The Client is informed about the current status of the delivery with the user panel, after logging in at Folio website.

10. The Client is informed about the dispatch or personal pickup by email.

11. Folio undertakes to use packaging that prevents the books from damage.

§ 9. COMPLAINTS

1. TMC is liable if the book sold has defects that diminish its value of usability (in light of the aim indicated in the agreement or derived from circumstances or purpose of the item), if the item does not have qualities about which Folio assured the Client, or if the item was delivered incomplete (warranty for physical defects). For the avoidance of doubt, a defect that gives ground for liability under the warranty for physical defects is:

  1. defects, for the occurrence of which Folio is liable, such as: technical defect or mechanical damage that occurred during the delivery;
  2. print defect or other similar defect, that were not identified immediately after delivering the order.

2. To the extent not regulated by this By-laws, Folio’s liability for warranty for physical defects are regulated by the provisions of the Act f 23 April 1964 – Civil Code.

3. The Client uses its rights to complaint (TMC’s liability for physical defects by issuing to TMC a relevant statement. The Client issues a statement electronically, or by using a form that can be found on Folio’s webpage, or by sending an email to shop@foliobooks.pl . By filing a complaint the Client should use the complaint form that constitutes appendix 2 to this By-laws.

4. The declaration indicated in § 9.3 needs to include a description of a defect found by the Client and a statement as to whether the Client chooses to:

  1. demands the price to be lowered;
  2. rescinds the agreement (and consequently demands the refund of the price);
  3. demands that the book is exchanged for the defect-free one.

5. A condition for a complaint being accepted is the previous delivery of the book in question by the Client to Top Mark Centre s.c., ul. Jaworskiego 7, 05-090 Raszyn. The Client covers the costs of dispatching the books in case of a complaint. If the complaint is accepted TMC will refund the costs of dispatch to the Client.

6. The complaints are decided on within 14 working days from the day the Client declares that he/she files a complaint, or from the day the defective book is delivered to TMC.

7. A Client being a consumer is entitled to use an out of court procedure to settle a complaint and pursue his/hers claim at the Permanent Amicable Consumer Court at the Voivodeship Commercial Inspector. More information about this alternative dispute resolution mechanism is available at the webpage www.uokik.gov.pl, under the tab “Consumer Dispute Settlement” (“Rozstrzyganie sporów konsumenckich”).

§ 10. THE RIGHT TO RESCIND THE AGREEMENT

1. The Client is entitled to rescind the agreement concluded through Folio internet bookstore within 14 days since the day the ordered books are delivered.

2. The Clients executes his/hers right to rescind the agreement by issuing a relevant statement to TMC. The Client may issues such a statement by:

  1. Making such a statement in writing and delivering it to Top Mark Centre s.c., ul. Jaworskiego 7, 05-090 Raszyn
  2. Making such a statement electronically, or by using a relevant form available at Folio’s webpage, or by sending such a statement to shop@foliobooks.pl.

3. The rescission statement can be made with the form that constitutes appendix 1 do this By-laws (while using this form is not mandatory).

4. If the Client chooses to execute his/hers right to rescind the agreement in a manner described in § 10.2 b) above, TMC will immediately confirm the receipt of the Client’s statement – by sending an email to the email address indicated by the Client at registration.

5. The Client is obliged to return the items to TMC immediately, not later than within 14 day since the day the Client rescinds the agreement.

6. The Client is liable for the decreased value of the items resulting from their use – to the extent the use exceeded the use necessary in light of the character, features and functionalities of the item.

7. TMC will immediately, not later than within 14 days since the receipt of the rescission statement from the Client, refund the Client with all the payments made by the Client, including the costs of returning the items. TMC is entitled to withhold payments until the items are returned or until the Client provides TMC with evidence that the items were dispatched to TMC, depending which of these events occurs earlier.

8. TMC will execute the refund using the same method of payment that was used by the Client, unless the Client explicitly accepts the use of a different method (which will not result in additional costs for the Client).

§ 11. FINAL PROVISIONS

1. The orders made by individuals / entities that are not consumers are made in accordance with individual agreements.

2. This By-laws apply from 25 December 2014.

3. To the extent not regulated by this By-laws the statutory provisions of Polish law apply, in particular the provisions of the Consumer Rights Act of 30 May 2014.

APPENDIXES

Download the appendix to the By-laws

Agreement rescission form and Warranty declaration