Terms of service
PUBLICATION SALES REGULATIONS
VIA THE WEBSITE
PUBLISHING HOUSE "SUN ARCHIVE" SUNARCHIVEBOOKS.COM
CENTRE FOR CREATIVE ATTITUDES ZAMEK IN WROCŁAW
• INTRODUCTION
• Sales via the online form are conducted by the Zamek Creative Arts Centre with its registered office in Wrocław (postal code 54-076) at 1 Świętojański Square, entered into the Register of Cultural Institutions under number 43/2023 maintained by the Municipality of Wrocław, NIP: 8943202201, REGON: 524048053, telephone +48 71 349 32 81, hereinafter referred to as the Seller.
• These regulations, hereinafter referred to as the "Regulations", define the rules for using
the online service enabling the purchase of publications via the electronic network (Internet), registration and electronic placing of orders for goods available at the Internet address https://sunarchivebooks.com/, delivery of ordered goods to the Ordering Party, payment by the Ordering Party of the sales price of the goods, the Ordering Party's right to withdraw from the contract and the rules for submitting
and considering complaints.
• The technical conditions for the provision of services electronically by the Seller require the Ordering Party to have access to the Internet using the most popular web browsers in their current versions (Internet Explorer, Google Chrome, Firefox, Opera, Safari) and cookies enabled.
• All prices provided by the Seller are expressed in EURO and are gross prices. Prices of products indicated on the store website https://sunarchivebooks.com/ . The total cost of the order (i.e. the price of the product together with delivery costs) is indicated in the basket before the final placement of the order, is in EURO and payment can only be made in the indicated currency.
• The Seller reserves the right to change the prices of publications in
the Seller's offer, introduce new products to the sales offer, introduce and cancel promotional campaigns or introduce changes to them, in accordance with these Regulations or the regulations of a given promotion. The changes introduced cannot affect the effectiveness and manner of fulfilling previously placed orders.
• Before placing an order, the Ordering Party must accept the content of these Regulations.
• Personal data – As part of the order fulfillment, the Ordering Party is obliged to provide the Seller with the following personal data: Name and surname, address, e-mail, contact telephone number and optionally: address and company name.
• Definitions
Whenever the regulations refer to:
• Seller – this means the Zamek Centre for Creative Arts, 54-076 Wrocław, pl. Świętojański 1, NIP: 8943202201, REGON: 524048053, telephone +48 71 349 35 36.
• Ordering Party – Consumer, Enterprises with consumer rights, Entrepreneur who placed the Order.
• Price – this should be understood as the gross price of the Publisher placed next to the information about the Publisher, excluding the costs of its delivery.
• Proof of purchase – this means an invoice (issued upon request), a receipt issued in accordance with the Act on Income Tax on Goods and Services of 11 March 2004, as amended, confirmation of card payment,
account statement.
• Consumer - person physical containing That The Seller has concluded a contract within the Shop, which item NO Is related directly With her activity economic or professional.
• An entrepreneur with consumer rights – An entrepreneur placing an order related to the business he conducts e co n s i n d , But NO having For n and his professional character, in accordance with Article 7aa laws
about rights consumer and art. 3855, Article 5564, Article 5565 and Article 5765 of the Code of civil.
• Entrepreneur - person physical, person legal and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, in perf ormance in e in my own in n a m e n t activity a business entity that uses the Store and is not Entrepreneur on rights consumer.
• Basket – a list of products containing the products offered by the Seller, prepared on the basis of the Ordering Party's selection.
• Place of delivery of the goods – postal address indicated in the Order by the Ordering Party.
• The moment of delivery of the item – the moment when the Ordering Party or a third party indicated by him for collection takes possession of the item.
• Payments – the method by which the Ordering Party pays for the subject matter of the contract
and delivery.
• Publishing – a product in the form of a paper publication offered for sale by the Seller via the website.
• Subject of the contract – Publications ordered by the Ordering Party along
with the delivery service.
• Online service/shop – online service available at https://sunarchivebooks.com/ through which the Ordering Party can place an order.
• Completion date – the specified number of business days for the completion of the Order.
• Agreement – an agreement concluded outside the Seller’s registered office or at a distance
within the meaning of the Consumer Rights Act of 30 May 2014 in the case of Consumers and a sales agreement within the meaning of Art. 535 of the Civil Code Act
of 23 April 1964 in the case of Customers .
• Order – a declaration of intent of the Ordering Party submitted via the Seller's website, clearly specifying: the type and quantity of products; the type of delivery; the type and amount of payment; the place of delivery of the goods, the Ordering Party's data, aiming directly at concluding a contract between the Ordering Party and the Seller.
• Registration and terms of sale, payment and delivery
• The Seller provides electronic services to the Ordering Party by enabling the conclusion of sales agreements for publications in accordance with these Regulations.
• The sales agreement is concluded between the Ordering Party and the Seller.
• Before placing an order on the Seller's website, the Ordering Party is obliged to read the Regulations and accept them.
• The Ordering Party may access the Regulations at any time by clicking the "Regulations" link placed on the Seller's website, as well as by saving the PDF version on a medium of his choice.
• The Seller's website contains detailed information
about the Publications, including their price, dimensions and weight. In the case of book publications, each product has an additional detailed description: the name of the publisher, year of publication, information on the type of cover and number of pages, and the ISBN number (if the publisher has one).
• The binding and final price is the price of the Publisher given by the Seller
at the time of placing the order by the Ordering Party.
• The prices for the publications offered do not include information on shipping costs.
• Information on the total value of the order, including shipping costs, is provided in the order summary after the Ordering Party has selected the form of delivery and payment.
• The Seller allows you to place orders in the following ways:
• on the Seller's website https://sunarchivebooks.com/ (online), using the ordering procedure;
• by e-mail, sending orders indicating selected publications to the e-mail address: lukasz@opt-art.net
• Orders placed electronically pursuant to section 9 a) and b) above are accepted 24 hours a day, 7 days a week and are sent for shipment on working days between 8 a.m. and 4 p.m.
• The condition for placing an order is to fill out all the required data in the form, which is necessary to complete the order.
• To place an order, select the Publications, then go to the "Basket" by clicking the appropriate icon and continue the ordering procedure by selecting the appropriate options.
• When placing an order, the Ordering Party specifies the method of payment and delivery.
• Available payment methods: Visa, Amex, MasterCard credit card, or fast electronic transfer supported by PayPal. The payment operator is Stripe (https://www.stripe.com). Payment service provider Stripe (Stripe Payments Europe Ltd., Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland).
• Deliveries are made by DHL.
• Delivery of the Publications takes place in the manner selected by the Ordering Party
in the order, and its costs are specified in the price list.
• The order is placed by clicking the "pay now" icon after viewing the summary of the entire order.
• After placing an order by clicking the "pay now" icon, the Ordering Party receives a confirmation of the order being accepted by the Seller via e-mail to the e-mail address provided during ordering or registration. After the Ordering Party receives the order confirmation, a sales contract is concluded between the Ordering Party and the Seller.
• The place of conclusion of the sales contract in relation to Orders placed via the online sales system is the registered office address of the Seller.
• The contract is concluded in Polish with the content consistent with these Regulations and the order placed by the Ordering Party.
• Fulfillment of the contract
• The Seller will start fulfilling the order after it has been paid for by the Ordering Party, on the next business day. The order is delivered
via the DHL courier company to the address provided by the Ordering Party
in the order as the address for delivering the subject of the order.
• In the case of orders with personal collection at the Seller's office, the Ordering Party may collect the order the next business day after placing
and paying for the order (during the Store's opening hours)
• Together with the subject of the order, the Ordering Party is issued proof of purchase
in the form of a receipt or invoice (issued at the Ordering Party's request), containing the details of the company/person indicated during the purchase process.
• At any stage of placing an order, it can be canceled by discontinuing the next steps and exiting the subpage used for placing orders. This can be done in several ways: e.g. by clicking the icon {used to return to the previous page or by clicking on any subpage. An order that is not completed by the Customer will be automatically canceled.
• Withdrawal from the contract
• The Ordering Party who has concluded a distance contract may withdraw from it without giving reasons within 14 days from the date of receipt of the subject of the order. Withdrawal from the contract is effected by submitting an unequivocal declaration of withdrawal from the contract by the Ordering Party (via e-mail to the address: lukasz@opt-art.net or by traditional mail to the address: Wydawnictwo Archiwum Słońca,
pl. Strzelecki 14, 50-224 Wrocław). The Ordering Party may use the model withdrawal form, the model of which constitutes Annex No. 2 to the Act
of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827), available on the Seller's website, tab "Regulations", however, this is not mandatory.
• To meet the deadline referred to in paragraph 1, it is sufficient for
the Ordering Party to send the declaration of withdrawal from the contract to the Seller before the deadline specified in the paragraph above.
• After receiving the declaration of withdrawal from the contract, the Seller shall immediately return to the Ordering Party (electronically) a confirmation of receipt of the declaration of withdrawal from the contract.
• In case of withdrawal from the contract, the contract is deemed not to have been concluded.
• Pursuant to the Act, the goods returned by the Ordering Party should be in an unchanged condition.
• The returned Publication should be sent in packaging that allows safe transport.
• The Ordering Party is obliged to return the Publications intended for return to the Seller immediately, but no later than 14 days from the date on which he withdrew from the contract, by registered mail to the following address: Wydawnictwo Archiwum Słońca,
pl. Strzelecki 14, 50-224 Wrocław. To meet the deadline, it is sufficient to return the Product before the deadline expires.
• The condition for the Ordering Party to retain the right to withdraw from the Agreement guaranteed by the Consumer Rights Act within 14 (fourteen) days from the date of receipt of the Goods is their return in an unchanged condition, i.e. without traces of use.
• The Seller does not personally collect Publications intended for return from the Ordering Party.
• The returned goods must be accompanied by proof of purchase. In the absence of such proof, the Seller will allow a return, provided that the purchase of publications can be verified by the Seller. The Ordering Party will be informed of the result of such verification by e-mail. In the event of withdrawal from the contract, a correction invoice will be issued to the Ordering Party along with the invoice issued by the Seller.
• The direct cost of returning the Publications intended for return by the Ordering Party shall be borne by the Ordering Party.
• The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Ordering Party, return to the Ordering Party all payments made by him, including the costs of delivery of the goods, and if the Ordering Party has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller shall not reimburse the Ordering Party for additional costs in accordance with Art. 33 of the Act of 30 May 2014 on consumer rights.
• The Seller shall refund the payment using the same method of payment as used by the Ordering Party, unless the Ordering Party has expressly agreed to another method of payment that does not involve any costs for him.
• The Seller may withhold reimbursement until receiving the goods or until proof of sending them back is provided, depending on which event occurs first.
• Complaints
• The subject of sale are new products, without defects. In the event of defects in the products, the Seller is liable for the defects.
• If the Publication has defects, the Ordering Party is entitled to: demand replacement
with a defect-free one or removal of the defect or reduction of the price; in the event of a significant defect, the right to withdraw from the contract, unless the Seller immediately replaces the Publication with a new one free from defects or repairs it.
• In the event of a defect in the Publishing House, the Ordering Party has the right to file a complaint electronically to the Seller's address: lukasz@opt-art.net
with the note "complaint", indicating the reason for the complaint. The complaint should also specify the Ordering Party's request regarding the manner of its consideration and, if possible, provide information necessary to identify the order.
• If, when making a complaint about the Publication, the Ordering Party requested its replacement with a defect-free one or made a declaration of withdrawal from the contract, the Ordering Party should return the Publication subject to the complaint in person to the Seller's registered office or send it to the Seller's address Wydawnictwo Archiwum Słońca, 50-224 Wrocław, pl. Strzelecki 14, with the note "complaint", or after consultation with the Seller, in the form of a parcel collected by a courier indicated by the Seller.
• The return of the Publication after a complaint has been accepted by the Seller is at the Seller’s expense.
• The complained goods must be accompanied by a detailed description of the defects or non-conformities, together with information on the situation in which the defect or non-conformity occurs.
• The claimed goods must be accompanied by proof of purchase. In the absence thereof, the Seller will allow a complaint to be filed, provided that the purchase of the publications can be verified by the Seller. The Ordering Party will be informed of the result of such verification by e-mail. A correction invoice will be issued to the Ordering Party in addition to the invoice issued by the Seller.
• The Seller will consider the complaint within 14 days and, within this deadline, inform the Ordering Party about the method of its settlement.
• If the complaint is accepted, the Ordering Party will receive a refund of the incurred, reasonable costs of sending the defective Publication to the Seller, with the exception of the costs resulting from the method of delivery chosen by the Ordering Party other than the cheapest standard method proposed by the Seller.
• In the event of a complaint being filed in person at the Seller's registered office, after its consideration the Seller shall enable the Ordering Party to collect the Publication (at his option, in person at the Seller's registered office or by sending it to the indicated address) or to transfer the amount of money to the account indicated by the Ordering Party, together with the applicable refund of costs.
• If the complaint is rejected, the Publishing House will be sent back to the Ordering Party together with information that the complaint is unfounded.
• If the Ordering Party notices damage to the Publication during transport, it is recommended that the Ordering Party draw up a damage report in the presence of the courier.
• Extrajudicial methods of handling complaints
The Ordering Party has the possibility to use out-of-court methods of handling complaints
and pursuing claims through, among others, the following institutions and according to their procedures:
• Consumer Federation www.federacja-konsumentów.org.pl
• Association of Consumers in Poland www.konsumenci.org
• European Consumer Centre www.konsument.gov.pl
• Voivodship Inspectorates of Trade Inspection (WIIH list) www.uokik.gov.pl
• District/Municipal Consumer Advocates at local governments
• Privacy policy and personal data protection
• The administrator of personal data, within the meaning of the provisions on the protection of personal data, is the Zamek Centre for Creative Arts, pl. Świętojański 1, 54-076 Wrocław.
• In matters concerning the protection of his/her personal data, the Ordering Party may contact the Data Protection Inspector (hereinafter referred to as the “DPO”) Natalia Miłostan at the e-mail address: iod@opt-art.net, at the telephone number 697 310 309; or in writing to the address: Ośrodek Postaw Twórczych Zamek pl. Świętojański 1, 54-076 Wrocław.
• Providing personal data by the Ordering Party is voluntary, but necessary to make purchases and use those services provided electronically by the Seller that require providing personal data. Your data is processed for the purpose of creating and maintaining a user account and services at https://sunarchivebooks.com/, hereinafter referred to as the System (based on art. 6 sec. 1 letter (b) of the GDPR).
• The Client's personal data may also be processed for the following purposes and on the following legal bases:
• issuing an invoice and fulfilling other obligations arising
from tax law provisions - pursuant to Article 6 paragraph 1 letter c of the GDPR (obligation arising from legal provisions);
• execution of payment transactions through an electronic payment operator – pursuant to Article 6 paragraph 1 letter b of the GDPR (necessity
to conclude and/or perform a contract);
• consideration of complaints or claims - pursuant to Article 6 paragraph 1 letter b of the GDPR (necessity to conclude and/or perform the contract);
• establishing, pursuing or defending against claims – pursuant to Article 6 paragraph 1 letter f) of the GDPR (legitimate interest of the controller);
• telephone contact in matters related to the provision of the service -
pursuant to Article 6 paragraph 1 letter b of the GDPR (necessity to conclude and/or perform the contract);
• storing unpaid orders - pursuant to Article 6 paragraph 1 letter f) of the GDPR (legitimate interest of the administrator);
• creating registers and records - pursuant to Article 6 paragraph 1 letter c) of the GDPR (obligation resulting from legal provisions) and Article 6 paragraph 1 letter f of the GDPR (legitimate interest of the administrator);
• archival and evidentiary purposes, for the purposes of securing information that may be used to demonstrate facts – pursuant to Article 6 paragraph 1 letter f) of the GDPR (legitimate interest of the administrator);
• use of cookies on the website and subpages of the Store - pursuant to Article 6 paragraph 1 letter a) of the GDPR (consent);
• for the purpose of direct marketing addressed to the Customer – pursuant to Article 6 paragraph 1 letter f of the GDPR (legitimate interest of the administrator),
• for the purpose of sending the order and the returns and complaints procedure –
pursuant to Article 6 paragraph 1 letter a of the GDPR (consent) and pursuant to Article 6 paragraph 1 letter f of the GDPR (legitimate interest of the administrator).
• The Seller processes personal data for the purpose of providing services electronically, concluding with the Ordering Party and executing sales contracts for products ordered by the Ordering Party in the Online Store.
• The Ordering Party has the right to access the content of their personal data and to correct and delete them. Personal data can be corrected or deleted after logging into the Ordering Party's account ("Your account" tab) or by submitting a request to the Seller.
• By registering on the website in order to make a purchase, the Ordering Party's personal data are placed in the Seller's database. The data are used only for the purposes of executing the goods delivery agreement. The data will be processed for the period of validity of the offer or the duration of the agreement, but no longer than for the duration of the agreement, and in the case of consent - until the consent is withdrawn. The period of personal data processing may be extended each time by the limitation period for claims, if the processing of personal data is necessary for the pursuit of potential claims or defense against such claims by ADO. After this period, the data will be processed only to the extent and for the time required by law, including tax and accounting law. To the extent that the data are processed for the purpose of sending marketing content to you, they will be processed until the consent is withdrawn or an objection is raised to such processing.
• Access to your personal data will be granted to authorized employees of the Institution, administrators of IT systems who provide IT services to us, entities providing accounting and tax services to us. Personal data may also be available to the hosting service provider, in the scope of maintaining websites and marketing campaigns, but only in connection with the statutory activities conducted by the Administrator. In no case, however, will the entity for which the personal data of users will be available become the administrator of the personal data entrusted to us.
• Due to the fact that the transaction will be carried out via the website https://sunarchivebooks.com/
Your data will be shared with the following entities: https://help.shopify.com/pl/manual/privacy-and-security/privacy/ subprocessors. If you do not agree to this, you can place an order using your email address, then your data will not be shared with third parties.
• For accountability purposes, we will store data for the period in which the Institution is obliged to retain the data or documents containing them to document the fulfillment of legal requirements, including enabling control of their fulfillment by public authorities.
• No automated decisions will be made based on your personal data, i.e. they will not be subject to profiling.
• The login and password used to log in to the Seller's website https://sunarchivebooks.com/ are confidential and may not be disclosed to third parties, therefore the Ordering Party is obliged to protect them against being obtained by third parties.
• Due to the fact that the Administrator uses external providers of various services, e.g. Shopify, Meta Platforms Ireland Limited (Facebook and subsidiaries), Google, Microsoft, etc., the Customer's data may be transferred to the United States of America (USA) in connection with their storage on American servers (in whole or in part). Google and Meta Platforms Ireland Limited (Facebook and subsidiaries) apply compliance mechanisms provided for by the GDPR (e.g. certificates) or standard contractual clauses. They will be transferred only to recipients who guarantee the highest protection and security of data, including through:
• cooperation with entities processing personal data in countries
for which an appropriate decision of the European Commission has been issued,
• use of standard contractual clauses issued by the European Commission (as is the case with Google, for example),
• application of binding corporate rules approved by the relevant supervisory authority or those to which the Client has consented.
– the scope of the indicated data applies to orders placed via the https://sunarchivebooks.com/ website. In the case of orders placed by email, the Ordering Party indicates that the administrator uses Microsoft 365, which may result in the transfer of your personal data to a third country. The regulations for using the Online Services within the scope of Microsoft 365 and the obligations
in relation to the processing and securing of user data and personal data by online services are specified in Microsoft documentation, including
in particular: 1) privacy statement - https://privacy.microsoft.com/plpl/privacystatement; 2) Microsoft Services Agreement (MSA) - https://www.microsoft.com/pl-pl/servicesagreement/. As part of Microsoft services, data entered into Microsoft 365 will be processed and stored in a specific geographical location. In accordance with the functionality of Microsoft services in the available administration panel in the "Organization Profile", it is indicated that the data is processed in the territory of the European Union. Microsoft undertakes to comply with the legal provisions regarding the provision of Online Services, which apply to all IT providers. Microsoft conducts annual audits of the Online Services, which include security audits of computers, the IT environment, and physical Data Centers, supervised and authorized by Microsoft third parties, including the law, details of which can be found at https://www.microsoft.com/pl-pl/trust-center/privacy?docid=27.
• You have the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office.
We also inform you that your data is transferred to Stripe, whereby Stripe can verify your identity and payment capacity based on the data provided by you (name, address, bank account number, bank number, if applicable credit card number, invoice amount, currency and transaction number). You will find details
in the information that will appear during the booking process. The legal basis for this type of data processing is Art. 6 para. 1 sentence 1 lit. b) GDPR. Data processing is necessary in particular for the conclusion of a contract. Failure to provide the data may result in the conclusion or performance of the contract being impossible.
As part of the identity and payment capacity verification carried out on the basis of your data, Stripe and we have a legitimate interest in transferring the personal data of the data subject. Stripe and we need this information to obtain information from credit information agencies for the purpose of verifying identity and payment capacity (Art. 6 para. 1 sentence 1 lit. f) GDPR). These may be the credit information agencies listed on the website https://stripe.com/de/privacy .
The data provided in this case will be deleted as soon as its collection is no longer necessary, or the data processing will be limited to fulfilling mandatory data storage obligations.
Further information on Stripe's data protection provisions can be found at: www.stripe.com/de/privacy.
You may object to the processing of your data. You have the right to object for reasons that result from your particular situation. We will not process your data any further unless we can demonstrate legitimate grounds for processing that override your interests, rights and freedoms, and in addition, if the processing is the basis for establishing, pursuing or defending claims (Article 21, paragraph 1 of the GDPR). You can submit your objection to us using the contact details provided in the "Administrator" section.
However, Stripe will still be entitled to process and transfer customer data if this is necessary for the contractually agreed payment or if this results
from mandatory statutory provisions or official or court decisions. You can contact Stripe by email at info@stripe.com.
• The website https://sunarchivebooks.com/ where
the Seller's publications are available, the Ordering Party's logging in process and making purchases are secured by the use of SSL certificates.
• If third parties obtain the login and password, the Ordering Party is obliged to immediately inform the Seller thereof.
• Detailed rules for collecting, processing and storing personal data used to fulfill orders by the store are described in the Privacy Policy, which can be found here.
• Final provisions
• These Terms and Conditions are effective from the date of publication on the website https://sunarchivebooks.com/
• These Regulations do not limit the rights of the Ordering Party arising from the Act
of 23 April 1964 – the Civil Code and the Act of 30 May 2014
on consumer rights.
• The Seller is entitled to introduce changes to the Regulations with future effect. The changes do not apply to Orders placed before their introduction.
• The Seller is not responsible for any interruptions in the use of the website https://sunarchivebooks.com/ due to technical reasons (maintenance, inspection, replacement of equipment, etc.) or other reasons beyond its control.
• All correspondence to the Seller should be sent to the e-mail address: lukasz@opt-art.net with the note "online store".
Wroclaw, 31.10.2024
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