TERMS AND CONDITIONS OF THE ONLINE STORE

MUSICANAREA.COM

TABLE OF CONTENTS:

     GENERAL PROVISIONS

     ELECTRONIC SERVICES IN THE INTERNET STORE

     TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT

     METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

     COST, WAYS AND TERM OF PRODUCT DELIVERY

     PRODUCT COMPLAINT

     OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND THE RULES OF ACCESS TO THESE PROCEDURES

     THE RIGHT TO WITHDRAW FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)

     THE RIGHT TO USE THE SELLER'S WORKS (LICENSE)

   FINAL PROVISIONS

   MODEL WITHDRAWAL FORM

 

The online store www.musicanarea.com cares about consumer rights. The consumer may not waive the rights granted to him in the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, these regulations shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1 These Regulations are addressed to consumers, excluding entrepreneurs.

1.2 The Administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data shall be processed for the purposes, to the extent and based on the principles indicated in the privacy policy published on the pages of the Online Store. Provision of personal data is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.

1.4 Definitions:

1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.

1.4.3. ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart and determining the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. CUSTOMER - a natural person with full legal capacity, and in cases provided by generally applicable laws, also a natural person with limited legal capacity.

1.4.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).

1.4.6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her on the Online Store are stored.

1.4.7. PREPAID ACCOUNT - an Account which the Client may top up with an amount of his/her choice, and then make Orders from this Account by making payment with the funds previously accumulated in it.

1.4.8. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail or cell phone, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.

1.4.9. PRODUCT - a right available on the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.

1.4.10. REGULATIONS - these regulations of the Online Store.

1.4.11. INTERNET SHOP - the Service Provider's online store available at the following Internet address: www.musicanarea.com.

1.4.12. CONTRACT OF SALE - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Internet Store.

1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Store.

1.4.14. SERVICER - a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited capacity.

1.4.15. CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

1.4.17. ORDER - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1 The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.

2.1.1. Account - the use of an Account is possible after the Customer performs two consecutive steps in total - (1) completes the Registration Form and (2) clicks the "Register Account" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and password.

2.1.1.1 The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected]

2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking on the "Order with obligation to pay" box on the Web Store page after completing the Order Form. - Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment.

2.1.2.1 The Electronic Order Form Service is provided free of charge and has a one-time nature and is terminated at the time of placing an Order through it or at the time of earlier termination of placing an Order through it by the Customer.

2.1.3 Newsletter - use of the Newsletter is made after the Customer performs a total of two consecutive steps - (1) after providing in the "Newsletter" tab visible on the Online Store website the e-mail address to which subsequent editions of the Newsletter are to be sent, (2) clicking on the "Subscribe to Newsletter" field. It is also possible to subscribe to the Newsletter by checking the appropriate checkbox when creating an Account or placing an Order - the moment the Account is created or the Order is placed, the Customer is subscribed to the Newsletter.

2.1.3.1 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected].

2.2 Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) access to e-mail; (2) Internet browser: Mozilla Firefox version 21.0 and higher or Internet Explorer version 9.0 and higher, Opera version 12.0 and higher, Google Chrome version 29.0. and higher, Safari version 4.0 and higher; (3) recommended minimum screen resolution: 1024x768; (4) enable cookies, Javascript support and Adobe Reader support in your web browser. Additional requirements:

2.2.1. PC-class computer:

2.2.1.1. minimum requirements - installed Microsoft® Windows® XP operating system with Service Pack 3, with Intel® Pentium® 500 MHz processor, 128 MB of RAM and a monitor with a minimum resolution of 800 x 600 pixels. The computer must additionally have software installed that allows opening PDF type files, such as Adobe Reader;

2.2.2 MAC computer

2.2.2.1. PowerPC® processor: installed Mac OS X v 10.4.10 or higher with PowerPC® G4 or G5 500 MHz processor, 128 MB RAM or Intel® processor. The computer must additionally have software installed to open PDF type files, such as Adobe Reader;

2.2.3. a tablet or smartphone with iOS, Android, Windows 8 (or higher) installed and an application that works with Adobe Reader technology.

2.3 The Customer is obliged to use the Online Store in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.

2.4 Mode of complaint procedure:

2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions), the Customer may submit, for example:

2.4.2. in electronic form via e-mail to: [email protected];

2.4.3. it is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

2.4.4 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT

3.1 The Seller with respect to the Products - works from the repertoire of the ZAiKS Authors' Association based in Warsaw (ul. Hipoteczna 2 00-092 Warsaw) belonging to the "small rights" and published small verbal, musical and spoken word works - has, on the basis of a separate agreement concluded with the aforementioned Association, a non-exclusive license to make them available to the public in such a way that everyone can have access to the works at a place and time of their own choosing in order to enable third parties (including Clients) to download these works for their own personal use against payment. Products available in the Online Store that are works are intended exclusively for use by the Customer for his own personal use.

3.2 The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer has placed an order using the Order Form in the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.

3.3 The price of the Product shown on the Online Store website is given, depending on the Customer's choice, in EUR (euro), PLN (Polish Zloty) or USD (US Dollar). The price includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including charges for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these charges - about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including at the moment when the Customer expresses his/her will to be bound by the Sales Agreement.

3.4 Procedure for concluding a Sales Agreement on the Online Store using the Order Form.

3.4.1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.

3.4.2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order, which shall contain at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.5. Recording, securing and making available to the Customer the content of the concluded Sales Agreement shall take place through (1) making these Terms and Conditions available on the website of the Online Store, and (2) sending the Customer the e-mail message referred to in item 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT

3.1 The Seller with respect to the Products - works from the repertoire of the ZAiKS Authors' Association based in Warsaw (ul. Hipoteczna 2 00-092 Warsaw) belonging to the "small rights" and published small verbal, musical and spoken word works - has, on the basis of a separate agreement concluded with the aforementioned Association, a non-exclusive license to make them available to the public in such a way that everyone can have access to the works at a place and time of their own choosing in order to enable third parties (including Clients) to download these works for their own personal use against payment. Products available in the Online Store that are works are intended exclusively for use by the Customer for his own personal use.

3.2 The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer has placed an order using the Order Form in the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.

3.3 The price of the Product shown on the Online Store website is given, depending on the Customer's choice, in EUR (euro), PLN (Polish Zloty) or USD (US Dollar). The price includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including charges for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these charges - about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including at the moment when the Customer expresses his/her will to be bound by the Sales Agreement.

3.4 Procedure for concluding a Sales Agreement on the Online Store using the Order Form.

3.4.1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.

3.4.2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order, which shall contain at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.5. Recording, securing and making available to the Customer the content of the concluded Sales Agreement shall take place through (1) making these Terms and Conditions available on the website of the Online Store, and (2) sending the Customer the e-mail message referred to in item 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:

4.1.1 SMS payments.

4.1.1.1 SMS payment settlements are carried out through the BLIK service. SMS payments are handled by BLIK

4.1.2 Electronic payments and payment card payments via BlueMedia or PayPal.com - possible current payment methods are specified on the website http://www.paypal.com.

4.1.2.1 Settlement of electronic payment and payment card transactions shall be carried out according to the Customer's choice through BlueMedia or PayPal.com service. Processing of electronic payments and payment cards is carried out by:

4.1.2.1.1 BlueMedia - The administrator of the personal data is Blue Media S.A. with its registered office in Sopot, Powstańców Warszawy 6 Street, registered in the District Court Gdańsk - North in Gdańsk, VIII Economic Department of the National Court Register under the number 0000320590.

4.1.2.1.2. PayPal.com - the company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.

4.1.3 Payments through funds accumulated in a Prepaid (pe-paid) Account.

4.2 Payment Term:

4.2.1 If the Customer chooses electronic payment or payment card payment, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.

5. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT

5.1 The delivery of the Product to the Customer is free of charge.

5.2 The Seller shall make available to the Customer the following methods of delivery of the Product:

5.2.1 Electronic delivery.

5.3 Electronic delivery consists in making the Product available in the pdf version within the Account in the "My files" tab.

5.4 The deadline for delivery of the Product to the Customer is up to 5 minutes, however, up to a maximum of 2 Business Days. The beginning of the period for delivery of the Product to the Customer is counted in from the date of crediting the Seller's billing account.

6. PRODUCT COMPLAINT

6.1 The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code. For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person and who acquires the Product for purposes not related to professional or business activity, for non-compliance of the Product with the Sales Agreement are defined by generally applicable laws, in particular the Act of July 27, 2002 on special conditions of consumer sales and amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).

6.2 The Seller is obliged to provide the Customer with a Product without defects.

6.3 A complaint may be submitted by the Customer in electronic form via e-mail to the following address: [email protected].

6.4 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

6.5 The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within the aforementioned period means that the Seller recognized the complaint as justified.

7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

7.1 Detailed information on the possibility for a Customer who is a consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

7.2 A customer who is a consumer has the following examples of out-of-court ways of handling complaints and claims:

7.2.1 The Customer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws 2001 No. 4 item 25 as amended) to resolve a dispute arising from the concluded Sales Agreement. The Rules of Organization and Operation of Permanent Arbitration Consumer Courts are set forth in the Ordinance of the Minister of Justice dated September 25, 2001 on defining the Rules of Organization and Operation of Permanent Arbitration Consumer Courts. (Journal of Laws 2001, No. 113, item 1214).

7.2.2. The Customer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings for amicable settlement of a dispute between the Customer and the Seller. Information on the rules and procedures of mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual provincial inspectorates of the Trade Inspection.

7.2.3. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the email address [email protected] and by the Association of Polish Consumers at the toll-free consumer hotline number 800 889 866.

7.3 A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract.

8. RIGHT OF WITHDRAWAL

(APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)

8.1 A consumer who has concluded a contract at a distance may, within 14 calendar days, withdraw from the contract without giving any reason and without incurring costs, except for the costs specified in sec. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:

8.1.1. in electronic form via e-mail to: [email protected];

8.2 A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in sec. 11 of the Terms and Conditions and on the website of the Online Store under the tab "Withdrawal from the contract". The consumer may use the sample form, but it is not mandatory.

8.3 The period for withdrawal from the contract begins:

8.3.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party other than the carrier indicated by the consumer, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;

8.3.2. for other contracts - from the date of conclusion of the contract.

8.4 In the case of withdrawal from a contract concluded at a distance, the contract shall be considered not concluded.

8.5 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him/her, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Client other than the cheapest ordinary delivery method available at the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.

8.6 The consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.

8.7 The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.8 Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to bear:

8.8.1 If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.

8.8.2 The consumer shall bear the direct costs of returning the Product.

8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance provided.

8.9 The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts:

8.9.1.      (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance by the Seller he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal; (3) in which the subject of the performance is a non-refabricated product, manufactured to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right of withdrawal.

9. RIGHT TO USE THE SELLER'S WORKS (LICENSE)

9.1 This section of the Terms and Conditions shall apply to the Products constituting a work within the meaning of the Copyright Law and thus being subject to the protection of the Copyright Law.

9.2 The following provisions of the Terms and Conditions are intended to set forth the rules for the granting of licenses to the Customer by the Seller for Products subject to Copyright protection to the extent necessary for the Customer's use of the Product.

9.3 The Customer's use of a Product that constitutes a work within the meaning of the Copyright Law and is thus subject to the protection of the Copyright Law shall be possible only for non-commercial purposes, for the Customer's own use, to the extent specified in these Terms and Conditions and the provisions of the Copyright Law.

9.4 To the extent permitted by generally applicable regulations, including in particular the Copyright Law and the regulation of permitted use, the Customer shall not be entitled to make the Product available to third parties or to use it for profit-making purposes.

9.5 Upon payment, the Seller grants the Customer a non-exclusive, non-transferable, non-transferable and non-sublicensable, including without the right to authorize others to use the content within the scope of the granted license to use the Product, including the right to use the author's economic rights, without limitation as to territory and time, in the following fields of exploitation: (1) downloading the Product from the website of the Online Store and its recording by digital technique in computer memory; (2) permanent or temporary reproduction of the Product in whole or in part, by digital technique, to the extent that for the display, reproduction or storage of the Product its reproduction is necessary; (3) permanent or temporary display, reproduction or storage of the Product by digital technique. Any rights other than the above not expressly granted to the Customer are reserved by the Seller, in particular, the Customer is not entitled to (1) distribute the Product, including renting the Product or copies thereof; (2) sublicense the Product (including the right to authorize others to use the Product; and (3) market the Product, including lending or renting.

10.FINAL PROVISIONS

10.1 Contracts concluded through the Online Store shall be concluded in the Polish language.

10.2 Change of Terms and Conditions:

10.2.1 The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in laws; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

10.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations shall be binding upon the Customer if the requirements set forth in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been correctly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Customer who is a consumer has the right to withdraw from the contract.

10.2.3 In the case of conclusion of agreements on the basis of these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), the amendments to the Terms and Conditions shall in no way affect the acquired rights of the Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect the Orders already placed or placed and the concluded, executed or performed Sales Agreements.

10.3 Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers - the provisions of the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of March 2, 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.