Terms and Conditions

ONLINE STORE TERMS AND CONDITIONS

These Terms and Conditions set out the general terms, rules and manner of sales conducted by Krystyna Siek, operating an unregistered business activity, Podgórska 143, 32-851 Brzesko, Poland, through the online store cristinaharp.com (hereinafter: the “Online Store”, the “Seller” or the “Controller”), and set out the rules and conditions for the provision of free-of-charge services by electronic means.

These Terms and Conditions are a translation of the Polish original. In the event of any discrepancy between the Polish and English versions, the Polish version shall prevail.

§1 Definitions

1. Controller – also referred to as the Seller.

2. Business days – days of the week from Monday to Friday, excluding public holidays.

3. Delivery – the act of delivering to the Customer, by the Seller through the Carrier, the goods specified in the order.

4. Carrier – the entity with which the Seller cooperates in delivering goods:

a. a courier company;

5. Customer – an entity to which services may be provided by electronic means or with which a Sales Agreement may be concluded.

6. Entrepreneur – a person conducting business or professional activity and performing a legal act directly related to that business or professional activity.

7. Seller – Krystyna Siek, operating an unregistered business activity, Podgórska 143, 32-851 Brzesko, Poland, who is also the owner of the Online Store.

8. Goods – a product presented by the Seller through the online store which may be the subject of a Sales Agreement.

9. Digital Goods – Goods delivered in digital form, not recorded on a tangible medium, in particular sheet music in PDF format.

10. Services – services provided by the Seller to Customers by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended).

11. Agreement – a distance sales agreement concluded between the Customer and the Seller on the terms set out in these Terms and Conditions.

12. Order – a declaration of intent by the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

§ 2 General provisions

1. The Seller is Krystyna Siek, a natural person operating an unregistered business activity within the meaning of Article 5(1) of the Act of 6 March 2018 – Entrepreneurs’ Law, address: Podgórska 143, 32-851 Brzesko, Poland.

2. Seller’s contact details: e-mail address cristina.siek122@gmail.com, telephone number +48 533 928 822.

3. All rights to the online store, including economic copyright and intellectual property rights to its name, its internet domain, the store website, as well as to the templates, forms and logotypes placed on the website (with the exception of logotypes and photographs presented for the purpose of presenting goods, the copyright to which belongs to third parties) belong to the Seller, and their use may take place solely in the manner specified in and consistent with these Terms and Conditions and with the Seller’s written consent.

§ 3 Use of the online store

1. The Seller shall make every effort to ensure that the online store can be used with all popular web browsers, operating systems, device types and types of internet connection. The minimum technical requirements enabling use of the Store Website are a web browser at least as recent as Internet Explorer 11, Chrome 39, FireFox 34, Opera 26, Safari 5, with JavaScript enabled, accepting “cookies”, and an internet connection with a bandwidth of at least 256 kbit/s.

2. In order to place an order in the Online Store via the Store Website or by e-mail, and in order to use the services available on the store website, the Customer must have an active e-mail account.

3. Use of Digital Goods requires a device with internet access and software enabling the reading of PDF files.

4. The Customer is prohibited from providing content of an unlawful nature and from using the store, its website or the free-of-charge services provided by the Seller in a manner contrary to law, good practice or infringing the personal rights of third parties.

5. The Seller declares that the public nature of the internet and the use of services provided by electronic means may involve the risk of Customer data being obtained and modified by unauthorised persons, and therefore Customers should apply appropriate technical measures to minimise the above risks, including antivirus software protecting the identity of internet users. The Seller never asks the Customer to disclose their account password or other sensitive data.

6. It is not permitted to use the resources and functions of the store for the purpose of conducting activity by the Customer that would infringe the Seller’s interests.

§ 4 Registration

1. In order to create a Customer account, the Customer is required to register free of charge.

2. Registration is not required in order to place an order in the online store.

3. In order to register, the Customer should complete the registration form made available by the Seller on the store website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During registration, the Customer sets an individual password.

4. While completing the registration form, the Customer has the opportunity to read these Terms and Conditions and accept their content by ticking the appropriate box in the form.

5. After sending the completed registration form, the Customer receives confirmation of registration from the Seller at the e-mail address provided in the registration form. At that moment, an agreement for the provision of the electronic service “maintaining a Customer account” is concluded, and the Customer gains access to the Customer account and the ability to modify the data provided during registration.

§ 5 Orders

1. The information contained on the store website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.

2. The Customer may place orders in the store via its website or by e-mail 7 days a week, 24 hours a day.

3. A Customer placing an order via the store website compiles the order by selecting the Goods of interest. Goods are added to the order by selecting the “ADD TO CART” command under the given Goods presented on the Store Website. After compiling the order and indicating the method of Delivery and form of payment in the “CART”, the Customer places the order by sending the order form to the Seller, selecting the “Buy and pay” button on the store website. Each time before the order is sent to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as of all additional costs they are obliged to bear in connection with the Sales Agreement.

4. Placing an order constitutes the Customer’s offer to the Seller to conclude a Sales Agreement for the Goods covered by the order.

5. After the order is placed, the Seller sends confirmation of its submission to the e-mail address provided by the Customer.

6. Subsequently, after confirming the submission of the order, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for processing. The information about acceptance of the order for processing constitutes the Seller’s declaration of acceptance of the offer referred to in §5(4) above, and upon its receipt by the Customer the Sales Agreement is concluded.

7. After the conclusion of the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer’s e-mail address or in writing to the address indicated when placing the order.

§ 6 Payments

1. The prices shown on the store website next to the given Goods are gross prices and do not include information on Delivery costs and any other costs which the Customer will be obliged to bear in connection with the Sales Agreement, of which the Customer will be informed when selecting the Delivery method and placing the order.

2. When ordering home delivery, the Customer may pay for the ordered goods in cash on delivery or select another form of payment:

a. Autopay.

3. If the Customer fails to make payment on time, the Seller shall set an additional deadline for payment and inform the Customer of it.

4. If the second payment deadline expires, the Seller shall send the Customer a declaration of withdrawal from the Sales Agreement pursuant to Article 491 of the Civil Code.

§ 7 Delivery

1. The Seller carries out Delivery within the territory of Poland and outside the territory of Poland.

2. For shipments abroad, please contact the telephone number +48.533928822.

3. The Seller is obliged to deliver the Goods covered by the Sales Agreement free from defects.

4. The Delivery and order fulfilment period is counted in business days and is up to 14 days, of which the Customer is informed each time when placing the order.

5. Delivery of digital products takes place immediately after the payment has been credited to the bank account.

6. Delivery of digital products takes place by e-mail to the address indicated by the purchaser.

7. The Delivery and order fulfilment period indicated on the store website is counted in business days.

8. Ordered Goods are delivered to the Customer through the Carrier to the address indicated in the order form.

9. On the day the Goods are dispatched to the Customer, information confirming dispatch of the parcel by the Seller is sent to the Customer’s e-mail address.

10. The Customer is obliged to examine the delivered parcel at the time and in the manner customary for parcels of the given type. If a shortage or damage to the parcel is found, the Customer has the right to demand that the Carrier’s employee draw up an appropriate report.

11. In accordance with the Customer’s wishes, the Seller encloses with the parcel a receipt or a VAT invoice covering the delivered Goods.

12. If the Customer is absent at the address indicated by them when placing the order as the Delivery address, the Carrier’s employee will leave a delivery notice or attempt to make telephone contact in order to arrange a time when the Customer will be present. If the ordered Goods are returned to the store by the Carrier, the Seller will contact the Customer electronically or by telephone to agree again with the Customer the date and cost of repeat Delivery.

13. The Customer should check the condition of the parcel at the time of receipt from the courier. If the packaging shows visible external damage in transit, it is recommended to refuse acceptance of the parcel and then contact the indicated telephone number +48.533928822. After paying the cash-on-delivery amount or signing for receipt of the parcel, it is also possible to open the parcel, but in the presence of the courier, and if any irregularities are found, the courier should be asked to draw up a damage report, and the document should be retained for the Seller. It is also suggested to contact the Seller immediately in order to verify the situation at the telephone number +48.533928822.

§ 8 Statutory warranty

1. The Seller ensures Delivery of Goods free from physical and legal defects. The Seller is liable towards the Customer if the Goods have a physical or legal defect (statutory warranty).

2. In the case of the purchase of digital products, the Seller is not subject to the rules of statutory warranty.

3. If physical Goods have a defect, the Customer may:

a. submit a declaration on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with Goods free from defects or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller has failed to fulfil the obligation to replace the Goods with Goods free from defects or to remove the defects. Instead of the removal of the defect proposed by the Seller, the Customer may demand replacement of the Goods with Goods free from defects, or instead of replacement of the Goods may demand removal of the defect, unless bringing the item into conformity with the agreement in the manner chosen by the Customer is impossible or would require excessive costs compared with the manner proposed by the Seller.

b. demand replacement of the defective Goods with Goods free from defects or removal of the defect. The Seller is obliged to replace the defective Goods with Goods free from defects or to remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer’s demand if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Customer is impossible or, compared with the other possible manner of bringing them into conformity with the Sales Agreement, would require excessive costs. The costs of repair or replacement are borne by the Seller.

4. A Customer exercising rights under the statutory warranty is obliged to deliver the defective item to the Seller’s address.

5. The Seller is liable under the statutory warranty if a physical defect is found before the expiry of two years from the release of the Goods to the Customer. A claim for removal of the defect or replacement of the Goods with Goods free from defects becomes time-barred after one year. If the Customer demanded replacement of the Goods with Goods free from defects or removal of the defect, the period for withdrawing from the Sales Agreement or submitting a declaration on price reduction begins upon the ineffective expiry of the period for replacing the Goods or removing the defect.

6. Any complaints relating to the Goods or the performance of the Sales Agreement may be directed by the Customer in writing to the Seller’s address or to the e-mail address: cristina.siek122@gmail.com.

7. The Seller shall respond to a complaint concerning the Goods or a complaint relating to the performance of the Sales Agreement submitted by the Customer within 14 days of the date of the request containing the complaint.

8. The decision will be presented in electronic form or by telephone.

9. The Customer may submit a complaint to the Seller in connection with the use of free-of-charge services provided by electronic means by the Seller. The complaint may be submitted in electronic form and sent to the e-mail address indicated for contact. In the complaint, the Customer should include a description of the problem. The Seller shall consider complaints and provide the Customer with a response promptly, but no later than within 14 days.

§ 9 Withdrawal from the Sales Agreement

1. The Customer has the right to withdraw from the Sales Agreement within 14 days without giving any reason, provided the product remains unused until that time.

2. In the case of the purchase of digital products, §9(1) does not apply. “Pursuant to Article 38(13) of the Act referred to in paragraph 2, a Consumer is not entitled to withdraw from an agreement for the supply of digital content which is not recorded on a tangible medium, if performance began with the Consumer’s express consent before the expiry of the withdrawal period and after the entrepreneur informed them of the loss of the right of withdrawal.”

3. In the case of tangible Goods, the period for withdrawing from the Agreement expires after 14 days from the day on which the Customer took possession of the item.

4. When withdrawing from the Agreement, the Seller must be informed by letter sent by post, fax or e-mail.

5. In the event of withdrawal from the Sales Agreement, it is deemed not to have been concluded.

6. In the event of withdrawal from the Sales Agreement, the Seller shall return to the Customer all payments received from them, including the costs of delivering the Goods (with the exception of additional costs resulting from the Customer’s choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller), promptly and in any event no later than 14 days from the day on which the Seller was informed of the decision to withdraw from the Agreement.

7. The refund will be made using the same payment methods as were used by the Customer in the original transaction, unless the Customer has expressly agreed to another solution.

8. If a Customer exercising the right of withdrawal chose a method of delivering the Goods other than the cheapest ordinary Delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Customer.

9. The Seller has the right to withhold the refund until receipt of the item or until proof of its return has been provided, whichever occurs first.

10. In the event of withdrawal, the Customer bears the direct costs of returning the item, which may be returned by ordinary post.

11. If, due to its nature, the Goods cannot be returned by ordinary post, the Seller informs the Customer of the costs of returning the item on the store website.

12. The Customer is liable for any diminished value of the Goods resulting from using them in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

§ 10 Free-of-charge services

1. The Seller provides the following free-of-charge services to the Customer by electronic means: Contact form; Newsletter; Maintaining a customer account; Posting reviews.

2. Free-of-charge services are provided 7 days a week, 24 hours a day.

3. The contact form consists in sending a message to the Seller using the form placed on the store website. Resignation from this service is possible at any time and consists in ceasing to send enquiries to the Seller.

4. The Newsletter is a service available to any Customer who enters their e-mail address using the registration form made available by the Seller on the store website. After sending the completed registration form, the Customer promptly receives confirmation from the Seller electronically at the e-mail address provided in the registration form. At that moment, an agreement for the provision of the Newsletter service by electronic means is concluded.

5. The Newsletter service consists in the Seller sending to the e-mail address messages in electronic form containing information about new products or services in the Seller’s offer. The Newsletter is sent by the Seller to all Customers who have subscribed. Each Newsletter addressed to Customers contains in particular: information about the sender, a completed “subject” field specifying the content of the message, and information about the possibility and manner of unsubscribing from the service. The Customer may at any time resign from receiving the newsletter by unsubscribing via the link included in each electronic message sent as part of the service, or by activating the appropriate field in their Account on the store website.

6. Maintaining a Customer account is possible after registration and consists in making available to the Customer a dedicated panel within the store website, enabling the Customer to modify the data provided during registration, as well as to track the status of order fulfilment and the history of completed orders. A Customer who has registered may request deletion of their account, whereby in the event of such a request the account may be deleted within 20 days of the request being submitted.

7. Posting reviews consists in the Seller enabling Customers who have an account on the store website to publish individual and subjective statements by the Customer concerning, in particular, the Goods.

8. The Seller is entitled to block access to the Customer’s account and to free-of-charge services if the Customer acts to the detriment of the Seller or other Customers, breaches the law or the provisions of these Terms and Conditions, and also where blocking access to the Customer’s account and free-of-charge services is justified on security grounds – in particular, the Customer breaking through the security of the store website or other hacking activities. Blocking access to the Customer’s account and free-of-charge services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access. The Seller notifies the Customer of the blocking of access to the Customer’s Account and free-of-charge services electronically, at the address provided by the Customer in the registration form.

§ 11 Customer’s obligations

1. By posting content and making it available, the Customer disseminates it voluntarily. The content posted does not express the views of the Seller and should not be identified with the Seller’s activity. The Seller is not a content provider, but only an entity providing the appropriate ICT resources for this purpose.

2. The Customer declares that:

a. they are entitled to use the economic copyright, industrial property rights and/or related rights to – respectively – works, subject matter of industrial property rights (e.g. trade marks) and/or subject matter of related rights which make up the content;

b. the placing and making available, within the services referred to in §10 of these Terms and Conditions, of personal data, likeness and information concerning third parties took place lawfully, voluntarily and with the consent of the persons concerned;

c. they consent to the published content being viewed by other Customers and by the Seller, and authorise the Seller to use it free of charge in accordance with the provisions of these Terms and Conditions;

d. they consent to the creation of adaptations of works within the meaning of the Act on Copyright and Related Rights.

3. The Customer is not entitled to:

a. post, within the use of the services referred to in §10 of these Terms and Conditions, personal data of third parties or disseminate the likeness of third parties without the permission or consent of the third party required by law;

b. post, within the use of the services referred to in §10 of these Terms and Conditions, content of an advertising and/or promotional nature.

4. Customers are prohibited from posting content which could in particular:

a. be posted in bad faith, e.g. with the intention of infringing the personal rights of third parties;

b. infringe any rights of third parties, including rights relating to the protection of copyright and related rights, the protection of industrial property rights, business secrets, or connected with confidentiality obligations;

c. be offensive in nature or constitute a threat directed at other persons, or contain language infringing good practice (e.g. through the use of vulgarities or expressions commonly considered offensive);

d. be contrary to the Seller’s interests;

e. otherwise infringe the provisions of these Terms and Conditions, good practice, applicable law, or social or customary norms.

5. Upon receipt of a notification, the Seller reserves the right to modify or remove content posted by Customers in the course of their use of the services, in particular content which, based on reports from third parties or relevant authorities, has been found to potentially infringe these Terms and Conditions or applicable law. The Seller does not carry out ongoing monitoring of posted content.

6. The Customer consents to the Seller’s free-of-charge use of the content posted by them within the store website.

§ 12 Copyright and licence to use Digital Goods (sheet music)

1. The Digital Goods offered in the Online Store, in particular sheet music in PDF format, constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights and are subject to legal protection.

2. The economic and moral copyright to the Digital Goods remains with the author or other entitled parties.

3. The purchase of a PDF file does not constitute the purchase of copyright or the transfer of any economic copyright to the Customer. The Customer receives only the right to use the Digital Goods within the scope specified in paragraph 5 below.

4. Upon conclusion of the Sales Agreement for Digital Goods, the Seller grants the Customer a non-exclusive, non-transferable licence to use the purchased file for their own use, without territorial or time limitations.

5. Under the licence granted, the Customer (Purchaser) is entitled to:

a. download the purchased PDF file;

b. store it on their own devices;

c. print the sheet music for their own use;

d. use the sheet music during learning, practice, rehearsals and performances;

e. perform the work publicly in accordance with applicable copyright regulations.

6. Without the written consent of the author, it is prohibited to:

a. resell the purchased PDF file or copies of it;

b. pass the file on to other persons;

c. make the file available on the internet, on social media, in groups, on forums, via messaging applications, in cloud services or on services enabling file downloads;

d. publish the sheet music in whole or in part in a manner enabling it to be downloaded or further used;

e. copy and further disseminate the sheet music;

f. make the purchased file available to other persons, even free of charge;

g. use the sheet music to create further materials intended for sale or distribution;

h. remove the author’s markings, copyright notices or other markings contained in the material;

i. modify, rework or adapt the material for the purpose of its further distribution.

7. Any use of the Digital Goods going beyond the scope of the licence granted requires the prior consent of the author, unless the law provides otherwise.

8. Breach of the provisions of this paragraph may result in liability provided for in the Act on Copyright and Related Rights.

§ 13 Processing of personal data

1. The controller of personal data is the Seller, whose identification and contact details are first specified in §1 of these Terms and Conditions under the heading “Seller”.

2. Personal data is processed in accordance with 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 (hereinafter: GDPR), and other generally applicable regulations.

3. Data obtained by the Controller when placing an order and concluding a sales agreement is processed in connection with:

a. the necessity to perform agreements concluded by you with the Controller, as well as actions taken before concluding such agreements at your request (Article 6(1)(b) GDPR);

b. the necessity to fulfil a legal obligation incumbent on the Controller (Article 6(1)(c) GDPR).

4. In the case of a newsletter subscription, personal data is processed on the basis of consent to the processing of personal data for marketing purposes in connection with sending commercial information in the form of a newsletter (Article 6(1)(a) GDPR).

5. The Customer’s personal data may be processed in connection with the Controller’s legitimate interest for the purpose of securing and pursuing claims (Article 6(1)(f) GDPR).

6. Providing personal data is voluntary, but is required in order to place an order, conclude a sales agreement and perform it properly.

7. The Customer’s personal data may be transferred, depending on the chosen delivery and payment method, to the selected carrier or intermediary handling shipments on the Controller’s behalf for the purpose of delivery, as well as to the entity handling electronic or card payments, entities providing hosting services and IT entities maintaining the online store.

8. Personal data is stored for the duration of the agreement (newsletter subscription) and for the period necessary to secure or pursue any claims arising from the agreement; for after-sales customer service (handling complaints); or to fulfil a legal obligation imposed on the Controller (arising, for example, from accounting and tax regulations).

9. Personal data processed for marketing purposes and purposes other than those listed above will be processed until the previously given consent to processing is withdrawn.

10. If the Controller intends to further process personal data for a purpose other than that for which the personal data was collected, before such further processing it is obliged to inform the Customer and provide all necessary information.

11. The Customer has the right to request from the Controller access to their personal data, its rectification, erasure or restriction of processing, the right to object to its processing, and the right to data portability. The Customer also has the right to lodge a complaint with a supervisory authority.

12. Information concerning the Controller’s commitment to protecting Buyers’ data collected during purchases in the Store in accordance with applicable regulations and the highest standards of security and data protection is described in detail in the Privacy Policy (6. Protection of Personal Data).

§ 14 Final provisions

1. The Seller is liable for non-performance or improper performance of the Sales Agreement.

2. The content of these Terms and Conditions may be recorded by printing, saving on a medium or downloading at any time by the Customer.

3. In the event of a dispute arising from a concluded Sales Agreement, the parties shall seek to resolve the matter amicably. The law applicable to the resolution of all disputes is Polish law.

4. The Seller informs the Customer of the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules of access to these procedures are available at the premises or on the websites of entities authorised to resolve disputes out of court. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.

5. The Seller informs that an online dispute resolution platform for disputes between consumers and entrepreneurs at EU level (the ODR platform) is available at http://ec.europa.eu/consumers/odr/.

6. The Seller reserves the right to amend these Terms and Conditions.

7. All orders accepted by the Seller for processing before the date on which the new Terms and Conditions come into force are processed on the basis of the Terms and Conditions in force on the day the Customer placed the order. An amendment to the Terms and Conditions comes into force 7 days after publication on the Store Website. The Seller is obliged to inform the Customer of the amendment 7 days before the new Terms and Conditions come into force, by means of a message sent electronically containing a link to the amended text.

8. If the Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact and may not place new orders in the online store.

9. These Terms and Conditions come into force on the date of their publication.