3 kwietnia 2019

Terms and Conditions of Website Use

Things you should know before using the site.

Books from Poland website is owned and maintained by Studio Panopticum, registered in Poland under company number 51077. Our address is ul. Zawila 44L, 30-390 Krakow, Poland. Our VAT number is PL6761456550.
By accessing or using this site, you agree to the terms set out in this Terms of Use agreement (Terms) and any other documents referred to in it. These Terms may be changed at any time by us. If we make any changes to these we will include a notice on the Home Page and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. Your continued access to and use of this website will mean that you agree to be bound by the most current version of the Terms. These Terms apply to all contracts between you and us. You agree that you have read and understood these Terms. These Terms were last updated on 8th May 2015.

Interpretation

„We”, „us”, „our”, means Books from Poland. „You”, „your” means the person using the Website under these Terms. „Working days” means all days other than Saturdays, Sundays, and Public Holidays.

1. Changes to the website
You acknowledge and accept that we may from time to time alter any aspect of this website, or any of the services or products provided through the website, as we think fit and without notice to you. We do not guarantee the availability of the website at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

2. Linking to Books from Poland
2.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

3. Links from Books from Poland
3.1 The website may incorporate links to other websites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party websites, nor an endorsement of the content of such third party sites by us.
3.2 You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites or products or services available through such third party websites.

4. Security
4.1 We take your online privacy seriously. However, although we use appropriate encrypted security software on our website, the security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by you.

5. Your status
5.1 By placing an order through our site, you warrant that you are legally capable of entering into binding contract.

6. Formation of contract
6.1 All orders for Goods are offers by you to purchase and accepted only when you receive a confirmation email from us to the effect that your order has been processed and your Goods have been dispatched. This will form a contract, which incorporates these terms and conditions, between you and us (Contract).
6.2 Where the use of the Goods is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.
6.3 The contract between you and us is binding on you and us and on our respective successors and assigns.
6.4 You many not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
6.5 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

7. Prices
7.1 All prices for the Goods are inclusive of taxes but exclusive of delivery charges.
7.2 All Goods are subject to availability. Where stock has run out or Goods cannot for some reason be dispatched, we will contact you by email to inform you of this and give you a likely delivery date for within 14 days. If it is not possible to deliver within 14 days, we will not accept that part of your order. Where these Goods are part of a larger order, we will process and dispatch the available Goods to you in the normal manner in accordance with these Sales Terms.

8. Registration
8.1 In order to purchase goods from Archeobooks you can register your details with us. On registration, you must provide us with accurate and complete registration information and it is your responsibility to inform us of any changes to that information (to your email address in particular) by updating your details.
8.2 On first registration you will choose a user password. None of our employees will ever ask you for this password. Do not disclose this password to anyone under any circumstances whatsoever.
8.3 You are responsible for all use of your ID (e-mail address) and for preventing unauthorised use of your ID (e-mail address). If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID (e-mail address) or any payment information you must notify us immediately by contacting us at orders@books-from-poland.com.
8.4 Your registration does not in itself entitle you to purchase Goods from us and we are not obliged to accept any or all orders that you place with us.
8.5 In order to register you are required to comply with our website’s terms and conditions of use.

9. Payment
9.1 Payment authorisation must be provided by you on the date that you place an order for Goods.
9.2 You confirm that the credit/debit card that is being used is yours. If you are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking „Submit” you are confirming that you have obtained the express prior permission of the credit/debit card holder.
9.3 All product prices and delivery charges are shown in US dollars. Your payment card company will perform any currency conversion, if necessary.

10. Cancellation and return of goods
10.1 You may cancel your order before delivery or within 14 calendar days after the date of delivery by e-mail: orders@books-from-poland.com
10.2. We will credit your payment card with the cost of the unwanted Goods and our delivery charges within 30 days of the date of your cancellation.
10.3. Please return the unwanted Goods with the original packaging within 30 days of cancellation. You are required to take reasonable care of the goods while in your possession.
10.4. Returned Goods will be delivered to us at your cost, unless the Goods are defective or damaged or if we have delivered them to you in error. We will be entitled to deduct the cost of recovering the Goods if you fail to return them following cancellation.
10.5. If Goods are defective or damaged, please contact us via e-mail. We reserve the right to check if items are damaged or defective before agreeing to reimbursement and ask for proof of damage or defect. We will refund you the cost of damaged or defective goods, our delivery charges and your reasonable return charges.

11. Privacy
11.1 We will only use the details supplied by you in accordance with our Privacy Policy.
11.2 All parties to the Contract agree to abide by our Privacy Policy.
11.3 We use the personal and transactional information (e.g. name, address, e-mail address, credit card details) you supply to us in order to fulfill your order.

12. Delivery
12.1 All delivery times are estimates only and, while we will endeavour to avoid delay, we will not be liable to you for any loss or damage arising from delay in delivery.
12.2 We may deliver the Goods by installments. Delivery charges will be those set out at the time you placed your order.
12.3 If we are unable to perform the whole or part of the Contract due to any cause or event beyond our reasonable control we may, at our option, by notice in writing to you, cancel or suspend the Contract in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Goods previously delivered.
12.4 If you receive the wrong goods or Goods are damaged in transit, you must contact us within 28 calendar days and confirm to us what has happened. Please refer to the terms and conditions of our Cancellation and Returns policy.
12.5 We will deliver the books to the address you notify to us when you place your order. We will dispatch your books within 3 working days – however, delivery times vary according to destination. You agree that we will not be responsible for failure to deliver the book if you have supplied us with an incorrect address. We reserve the right to dispose of incorrectly addressed parcels and their contents without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details.
12.6 We will not be liable to you for any delay in delivery or non-delivery of books in the following circumstances :
12.6.1 where the issuer of your payment card refuses to authorise payment to us;
12.6.2 where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.

13. Orders to and from other countries
13.1 There may be a territorial restriction on our ability to deliver and we will inform you accordingly.
13.2 When ordering Goods for delivery overseas you may be subject to import duties and taxes, which are levied once the Goods reach the specified destination. Any additional charges for customs clearance must be borne by you.
13.3 We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
13.4 When ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Goods. You are responsible for notifying your local customs office of your purchase. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

14. Risk/Title
14.1 The Goods are at your risk from the time of delivery.
14.2 Ownership of the Goods does not pass to you until we have received in full (cash or cleared funds) all sums due in respect of:
14.2.1 the Goods; and
14.2.2 all other sums which are or become due to the us from you on any account.

15. Transactions concluded through our site
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.

16. Limitations of liability
16.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.
16.2 We are providing this website on an “AS IS, AS AVAILABLE” basis to users. You use this website at your own risk.
16.3 We will not be liable to you for any loss or damage in circumstances where or to the extent that:
16.3.1 neither we nor our employees or agents are in breach of a legal duty owed to you;
16.3.2 such loss or damage is not a reasonably foreseeable result of any such breach; or
16.3.3 any increase in loss or damage results from a breach by you of any term of this contract.
16.4 Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
16.5 Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with the Contract or your use of this website generally.
16.6 We further do not warrant that the website or the products and materials contained on such site are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.
16.7 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

17. Indemnity
You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorised users.

18. Termination
This agreement may be terminated by us at any time without notice. In this event of termination, you are no longer authorised to have access to the site. All limitations on our liability and on your use of our material shall survive.