Terms and conditions

Terms and conditions of the online bookshop
Version effective June 2023

§ 1
Definitions

In these terms and conditions (‘Terms and Conditions of theBookstore’), the expressions defined below have the following meanings:

Audiobook - an audio recording containing a recording of a publication read by a reader, available in one of the following formats: MP3 or other formats available in the Online Bookstore.

Working days - weekdays from Monday to Friday with the exception of public holidays.

E-book - a book in digital form, available in one of the following formats: MOBI, EPUB or other formats available in the Online Bookstore.

Customer - natural person with full legal capacity, legal person and organisational unit without legal personality, but with legal capacity, who has correctly filled in the registration form on warbook. com website and confirmed the fact of registration, making purchase in the Online Bookstore.

Consumer - a customer, who is a natural person, making purchases in the Online Bookstore: (i) not directly related to his/her economic or professional activity; and (ii) related to his/her economic activity, when the content of the agreement (purchase) indicates that it is not of professional nature for that person, resulting in particular from the subject of his/her economic activity.

Online book store - bookstore operated by the Seller on the website warbook.pl.

Product( s) - goods sold via the Online Bookstore by the Seller. Each Product has a photo, description and indicated price.

Terms and Conditions of the Site - the terms and conditions of the warbook.pl website, available at https://warbook.pl/regulamin,10,10.htm.

Seller - WARBOOK sp. z o.o. with its registered office in Ustroń, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, VIII Commercial Division of the National Court Register, under number
KRS: 0000477058, NIP: 5482664065, REGON: 243 367 459, share capital of PLN 3 669 650.00.
Address and contact details of the Seller:
WARBOOK sp. z o.o.
ul. Bładnicka 65, 43-450 Ustroń
e-mail: sklep@warbook.pl
phone: +48 690 585 083 (between 9.00-12.00)

SalesAgreement - the agreement for the sale of the Product concluded remotely by means of electronic communication through the Online Bookstore between the Seller and the Customer, which is governed by the provisions of the Bookstore Regulations.

Act - the Act of 30 May 2014 on Consumer Rights (i.e. Journal of Laws of 2020, item 287).

Order - a proposal to conclude an Agreement submitted by the Customer via the form available in the Online Bookstore, in which it is necessary to indicate, among others, the Products to be ordered, the Customer's necessary data (name, surname, e-mail, telephone number, shipping address), the method of payment and delivery of the parcel, as well as to approve the order by clicking on the button with the content ‘I order and pay’ or other equivalent and unequivocal.

§ 2
General provisions

(1) These Terms of Use define the principles of the Online Bookstore operated and owned by the Seller.

(2) The condition of using the Online Bookstore is to be familiar with the Terms and Conditions of the Bookstore and the Terms and Conditions of the Website and to accept their provisions. Do not use the Online Bookstore if you do not accept any of the provisions of the Bookstore Regulations or the Site Regulations.

3 Contact with the Seller is possible in the form of e-mail correspondence and by phone from Monday to Friday between 10.00 and 15.00 sklep@warbook.pl.

§ 3
Orders, Sales Agreement

(1) Orders can be placed in the Online Bookstore seven days a week, 24 hours a day.

(2) To place Orders it is necessary for the Customer to have an active e-mail account. The Seller does not accept orders by telephone. To place an Order it is necessary to read the Online Bookstore Regulations carefully and to mark on the Order form that the Customer has read the Online Bookstore Regulations and accepts its provisions.

The Online Bookstore conducts mail order sales in Poland. Proposed forms of payment, amounts of fees for delivery of the order refer to sales in Poland. Foreign orders are not processed.

4th Information about the Products placed on the website warbook.pl constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

(5) In order to place an Order, the Customer chooses the Products to be ordered, the method of delivery and the method of payment. The condition for the fulfilment of the Order is that the Customer correctly indicates the necessary information, including address data and telephone number. In justified cases, in particular in case of doubts about the authenticity of the data provided by the Customer, the Seller reserves the right to refuse to process the Order.

(6) Placing an Order by the Customer means placing an offer by the Customer to the Seller to conclude an Agreement for the Sale of selected Products.

7. immediately after placing an Order, the Seller will send a confirmation of receipt of the Order to the Customer's e-mail address provided during registration on warbook.co.uk. Confirmation of receipt of the Order does not constitute acceptance of the offer made by the Customer, and thus the conclusion of the Sales Contract and acceptance of the Order for execution.

(8) The Seller may contact the Customer e.g. in case of doubts, the need to clarify the Order or possible shortages of the Products. In the event that the Order cannot be fulfilled in whole or in part, the Seller will inform the Customer (by telephone or e-mail) within two Working Days from the date of placing the Order. In such a situation, the Customer decides whether to fulfil the Order as much as possible or to cancel the Order in its entirety.

(9) After verifying the possibility of processing the Order, the Seller will send the Customer, to the e-mail address provided during registration on warbook.pl, a confirmation of acceptance of the Order for processing and the contents of the Order. Confirmation of acceptance of the Order for execution constitutes the Seller's acceptance of the offer to conclude a Sales Contract and signifies the conclusion of the Sales Contract at the moment of sending it to the Customer.

10 Confirmation of acceptance of the Order for execution also contains, pursuant to applicable provisions of law, including art. 21 par. 1 of the Act:

a. information about the right to withdraw from the Sales Agreement vested in the Customer who is a Consumer, together with the withdrawal form, which constitutes Attachment No. 1 to the Bookstore Regulations;

b. information on the loss of the right to withdraw from the Sales Agreement due to the Customer's selection of the option to immediately download the E-book or Audiobook when placing an Order

c. a file with the content of these Terms and Conditions of the Bookstore.

The processing of the Order shall be commenced immediately on the same or the nearest Business Day falling on:

in the case of Orders paid via IMoje - at the moment of payment authorisation.

§ 4
Prices of Products

(1) All Product prices given in the Online Bookstore are in Polish Zloty and include VAT.

(2) The Seller reserves the right to change prices of Products. Product price changes do not apply to Orders placed prior to the change.

(3) The Seller reserves the right to conduct promotional activities and sales, which may be covered by separate regulations. Unless otherwise stipulated, promotions are not cumulative and are valid until stocks are exhausted or limited in time.

(4) Prices do not include delivery costs. The cost of delivery will be added to the prices of the ordered Products when the Order is placed, after the Customer has selected the delivery method. The purchase of an E-book and Audiobook does not incur any delivery costs.

5.Products sold in the Online Bookstore are new and free from defects. The Seller may also offer used or defective Products at prices lower than new and defect-free Products. In this case such Products will be clearly marked.

§ 5
Delivery and payment

(1) The Customer shall specify the method of payment and the method of delivery when placing the Order.

2. the available payment methods:

by bank transfer during the placement of the Order, to the following bank account number:
WARBOOK SO. Z O.O.
Bładnicka 65 Street, 43-450 Ustroń
ING Bank Śląski
88 1050 1070 1000 0090 8193 9457

electronic payment using the IMoje payment system when placing an Order.
Electronic payment is carried out through the IMoje operator on the terms and conditions specified by the aforementioned operator and after acceptance of its separate regulations.

(3) The Seller's payment details are also available in the Online Bookstore under the tab ‘Payments’.

4th If the Customer chooses to pay by bank transfer or via PayU, the Customer is obliged to make the payment within 14 days from the date of placing the Order. After the expiry of this period and in the event of non-payment for the Order, the Order is automatically cancelled, of which the Customer will be notified by e-mail to the address provided during registration on warbook.co.uk.

5 .The Customer has a choice of the following delivery methods for the Products:

via courier company (expected delivery time: up to 2 - 4 working days),

via Inpost (expected delivery time: 3 - 5 working days).

The sales document for each Order (invoice, as well as delivery specifications) will be delivered to the Customer by e-mail to the address indicated during registration on warbook.co.uk (expected delivery time: up to five working Days from the date of sending the Customer a confirmation of acceptance of the Order for processing). The Customer agrees to issue a sales document without signature.

(7) The Customer, by selecting the electronic invoice delivery option, also agrees that the sales invoice issued for the Order will be sent in electronic form (as a PDF file) to the e-mail address assigned to the Customer's account.

(8) The costs of delivery of Products and sales documents are indicated in the Online Bookstore when placing an Order and in the ‘Delivery’ tab.

(9) The Order will be prepared for shipment within three Business Days from the date of its acceptance by the Seller. The Seller shall endeavour to deliver the Product to the Customer immediately, but no later than within 30 days from the date of acceptance of the Order for processing. If the parcel does not reach the Customer within the time indicated in the preceding sentence, an e-mail should be sent to: sklep@warbook.pl to send information about the non-delivery of the consignment.

(10) Delivery of ordered Products is only possible within the territory of the Republic of Poland.

11th When purchasing books in special actions (e.g. pre-sale, autographed book, book with dedication), the Seller reserves the right to extend the lead time. Such information will be posted on warbook. co.uk website or sent to the customer via e-mail to the address provided during registration on warbook.co.uk website.

§ 6
Right of withdrawal

(1) The Customer who is a Consumer has the right to withdraw from the Sales Agreement for Products purchased in the Online Bookstore without giving any reason within 14 days.

(2) The right to withdraw from the Sales Agreement shall expire after 14 days from the date of:

a. the conclusion of the Sales Agreement - in the case of the purchase of an E-book or Audiobook, with the exception of situations in which, in accordance with the Terms and Conditions of the Online Bookstore, the Customer has lost the right to withdraw from the agreement due to the selection of the immediate download option of the E-book or Audiobook when placing the Order,

b. in which the Customer came into possession of the Product or in which a third party other than the carrier and indicated by the Customer came into possession of the Product - in the case of a purchase of a paperback book or books or other physically accessible Product delivered in one shipment

c. when the Customer acquires possession of the last item or when a third party other than the carrier and indicated by the Customer acquires possession of the last item - in the case of a purchase of paperback books or other Physically Accessible Product delivered in more than one shipment.

(4) In order to exercise the right to withdraw from the Agreement, the Customer must inform the Seller (in accordance with the contact details indicated in § 1 of the Terms and Conditions of the Bookstore) of his/her decision to withdraw from the Sales Agreement by an unequivocal statement (for example, a letter sent by post or e-mail). The customer may use the sample withdrawal form attached as Appendix No. 1 to the Terms of Use of the Online Bookstore, however it is not obligatory.

(5) To meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the withdrawal declaration before the expiry of the deadline for withdrawal from the Sales Agreement referred to in Article 6(1) and (2) of the Bookstore Regulations.

In case of withdrawal from the Sales Agreement, the Seller shall return to the Customer, who is the Consumer, all payments received from him/her for the returned Products, including the costs of delivery of the Products (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method offered by the Seller) immediately, but no later than within 14 days from the date of delivery of the Customer's declaration of withdrawal from the Sales Agreement to the Seller. The Seller may, however, withhold the reimbursement of the payment until the earlier of the receipt of the returned Products or the provision of proof of their return to the Seller.

(7) The Seller shall refund the payment using the same means of payment that were used by the Customer who is a Consumer in the original transaction, unless the Customer expressly agrees otherwise; in any case, the Customer who is a Consumer shall not incur any fees in connection with this refund.

(8) After withdrawal from the Sales Agreement, the Products should be sent back or handed over to the Seller immediately, and in any case not later than 14 days from the day on which the statement of withdrawal from the Sales Agreement was sent to the Seller. The deadline is met if the Customer sends back the Products before the expiry of the 14-day period. The return address is specified in § 1 letter i) of the Terms and Conditions of the Bookstore.

9. When withdrawing from the Sales Agreement the Customer who is a Consumer must bear the direct costs of returning the Product. The Product should be delivered in such a way that it is not damaged. 10.

10th The Customer who is the Consumer is responsible for any reduction in the value of the Products resulting from using them in a manner other than necessary to establish the nature, characteristics and functionality of the Products.

§ 7
Special rules regarding E-books and Audiobooks

(1) In the Online Bookstore, the Seller sells E-books as digital files in ePUB (.epub file extension) and Kindle (.mobi file extension) formats. In order to use the book in digital form, electronic devices meeting the following technical requirements are required:

a. ePUB format

a PC meeting the minimum requirements: Microsoft® Windows® XP operating system with Service Pack 3 installed, with Intel® Pentium® 500 MHz processor, 128 MB RAM and a monitor with a minimum resolution of 800 x 600 pixels, or

a Mac computer meeting the following minimum requirements: PowerPC® processor: Mac OS X v 10.4.10 or higher with a PowerPC® G4 or G5 500 MHz processor, 128 MB RAM or Intel® processor installed.
Important: each computer must have software installed that can open ePUB type files, e.g. Adobe Digital Editions, MobiPocket Reader, Calibre, Adobe Reader.

an e-book reader that supports the ePUB format,

tablet or smartphone with installed iOS, Android, Windows 8 (or higher) and an application supporting Adobe DRM technology, e.g.: BlueFire Reader, Aldiko.

b. Kindle format (MOBI):

Kindle e-book reader or other e-reader supporting MOBI format, or

a computer that meets the requirements as indicated above for the ePUB format, or a tablet or smartphone with installed software capable of opening Kindle files, e.g.: MobiPocket Reader, Moon+ Reader.

As of 1 November 2023, Amazon no longer supports the mobi format recommending the use of the epub format. To upload an ebook (epub/mobi) purchased from us to your Kindle device, we recommend using: https://www.amazon.com/sendtokindle or by email to the address created during Kindle registration. There are problems with uploading via cable.

c. In the Online Bookstore, the Seller sells Audiobooks as digital files in MP3 formats.

(2) Before purchasing an E-book or Audiobook, the Customer should ensure that the Customer's device allows the digital content to be used in the appropriate file format without problems. The Vendor is not a distributor of software or devices suitable for the playback of E-books or Audiobooks, and the market offering in this respect is constantly changing. The listing of the aforementioned software should be considered exemplary only.

(3) The digital content recorded in the E-books and Audiobooks sold in the Online Bookstore is subject to copyright belonging to the respective authors and publishers and is subject to legal protection.

(4) Due to the specific nature of the sale of digital content without a physical carrier (by allowing the E-book or Audiobook to be downloaded from the server), pursuant to the provisions of the Act, the Customer who is a Consumer has two options when placing an Order including an E-book or Audiobook:

retain the right to withdraw from the Sales Contract, however, in this situation the Seller is entitled to withhold its performance until the expiry of the period within which the Purchaser may withdraw from the Sales Contract. Thus, within 14 days from the date of conclusion of the Sales Agreement, the Customer who is a Consumer has the right to withdraw from it, however, he/she will be able to download the file on the 15th day from the date of purchase of the E-book or Audiobook at the earliest;

agree to the Seller's performance before the expiry of 14 days from the date of conclusion of the Sales Agreement, which however involves the loss of the right to withdraw from the Sales Agreement.
In this connection, the Seller gives the Customers a choice by allowing them to select one of two options: immediate download with loss of the right to withdraw from the Sales Agreement or download after 14 days.

(5) The E-book and Audiobook, after it has been paid for, is delivered to the Customer through the possibility of downloading it from the Online Bookstore account.

(6) An order containing an E-book or Audiobook shall be delivered to the Customer upon the Seller's receipt of information that the electronic payment has been made.

(7) An order containing both an E-book or Audiobook and Products of other types shall be divided into an Order concerning the E-book or Audiobook and an Order concerning Products of other types.

(8) Upon receipt of information about the payment made, the Seller will send the Customer a message via e-mail to the address indicated during registration on warbook.co.uk, containing confirmation of receipt of the payment;

information on how to download the E-book or Audiobook.

(9) Information on the scope of the licence to use the E-book or Audiobook may be provided in the Online Bookstore, for example by indicating the number of devices on which the E-book or Audiobook can be played. In the absence of such information, it shall be deemed that the E-book may only be used for permitted personal use in accordance with the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2022, item 2509, i.e.).

§ 8
Complaints

(1) The Seller does not give warranty for the Products.

2. The Seller is obliged to deliver Products without defects. In the case of revealing any physical defects of the Product after its receipt, including damage occurring during delivery, or if the Product does not comply with the Sales Agreement for other reasons, the Customer should contact the Seller by phone, in writing or by e-mail in accordance with the contact details specified in § 1 point i) of the Terms and Conditions of the Bookstore.

In order to file a complaint, the faulty Products should be submitted to the Seller together with the proof of purchase and a description of the reasons for the complaint and the type of the Customer's request related to the complaint (replacement, repair, price reduction, withdrawal from the Sales Agreement, and in the case of E-books and Audiobooks - bringing the Product into conformity with the Sales Agreement, price reduction, withdrawal from the Sales Agreement). Dealing with the complaint will be facilitated by the Customer's sending by e-mail pictures of the faulty Product to the Seller. The Customer's rights related to the Seller's responsibility for the Product are defined by the provisions of Polish law, in particular the Act and the Civil Code. 4.

The Seller shall collect the Product under complaint at its own expense and inform the Customer about the method of collection. The Seller shall not accept parcels sent back cash on delivery, unless such a method of collecting the Product under complaint has been agreed with the Seller. In the case of an E-book or Audiobook, the faulty file should be sent to the Seller together with the specifications of the device on which the E-book or Audiobook is read.

(5) If the Seller indicates to the Customer that the defective Product should be sent back to the Seller on their own, the Product should be sent together with the note in the package ‘Online Bookstore - complaint’ to the address according to the contact details specified in § 1 point i) of the Terms and Conditions of the Online Bookstore. In such a situation the costs incurred by the Client related to sending back the Product under complaint will be reimbursed to the Client by the Seller.

(6) Complaints are processed by the Seller no longer than 14 calendar days from the date of receipt of the complained Product. If the information provided in the complaint needs to be supplemented, the Seller will ask the Customer to supplement the information before considering the complaint. In such a case, the 14-day period will be counted from the date of providing the additional information necessary to consider the complaint.

7.The Seller shall notify the Customer of the result of the complaint by the same way the complaint was sent, unless the Customer specifies another form of contact.

8th The Seller returns the amount due for the advertised Product by bank transfer or postal order after accepting and processing the complaint.

(9) In the case of a Customer who is not a Consumer, the Seller's liability under warranty is limited to the amount that the Customer paid to the Seller for the purchase of the Products under complaint.

§ 9
Privacy

1. information on the processing of personal data of Customers and users of the Online Bookstore and cookies is contained in the privacy policy available at: https://warbook.pl/polityka-prywatnosci,10,7.htm

2. the Customer acknowledges the content of the privacy policy.

§ 10
Terms and conditions of warbook.pl

1. the Terms and Conditions for the provision of electronic services within the scope of functionalities available on the warbook.pl website (‘Website Termsand Conditions’) are available at: https://warbook.pl/regulamin,10,10.htm

2.By purchasing from the Online Bookstore, the Customer accepts the provisions of the Site Regulations.

§ 11
Final provisions

1) The Online Bookstore Regulations come into effect from the moment of its publication on the website warbook.pl.

2. the Online Bookstore Regulations can be changed by the Seller and the change of the Online Bookstore Regulations comes into force within 14 calendar days from the date of publication of the new version of the Online Bookstore Regulations on the website warbook.pl, however, purchases made in the Online Bookstore, which took place before the date the change comes into force, are subject to the existing regulations. The terms and conditions contained in the Terms and Conditions of Sales in force at the time of sale co-create the content of the Sales Agreement and for this reason, among others, the Seller sends the Terms and Conditions of Sales to the Customer after placing an order. Customers will also be informed of changes to the Terms and Conditions of Sale by e-mail correspondence to the address indicated during registration on warbook.pl. A Customer who does not accept the amendments to the Terms and Conditions of Sale is entitled to delete his/her account at any time. The customer who does not accept the changes introduced in the Terms of Sale, should not make purchases in the Online Bookstore.

(3) In case any of the provisions of the Terms of Sale has been declared illegal by a final court judgement, it does not affect the remaining provisions of the Terms of Sale.

(4) The Customer is obliged not to make the login and access passwords to the Customer's account at warbook.pl available to any person.

(5) The Customer may at any time resign from using the Online Bookstore by deleting the account.

(6) In matters not regulated in the Terms of Use, the provisions of universally binding Polish law shall apply.

(7) All disputes will be settled by the common court of law.

Attachment No. 1
Specimen declaration of withdrawal

(this form should be completed and returned only if you wish to withdraw from the contract)


.......................................................
locality, date

WARBOOK sp. z o.o.
BŁADNICKA 65 ul.
43-450 USTRÓN
sklep@warbook.pl

I/We(*) hereby give notice(*) of my/our(*) withdrawal from the contract of sale of the following goods: .......................................................................................................................................
..................................................................................................................................................................................
..................................................................................................................................................................................

Date of conclusion of the contract(*)/collection(*): .................................................................................................................

Name of consumer(s): .....................................................................................................................
..................................................................................................................................................................................
Address of consumer(s): .......................................................................................................................................
..................................................................................................................................................................................
Signature of consumer(s) (only if the form is sent on paper):


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(*) Delete where not applicable.