Effective from November 7th 2023.
Versions of the Terms and Conditions of the Online Shop and the Terms and Conditions of using Przekrój.pl website valid until November 6th can be found HERE.
1.1 The Website available at: https://przekroj.org is run by Przekrój Foundation with registered office in Poland, aleja Róż 10/12, 00-556 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under National Court Register Number (KRS): 0000750752,Tax Identification Number (NIP): 7010868991, and National Official Business Register (REGON): 381419318.
1.2 The Website is an ICT platform with the aim to present the current Przekrój offer, including the prices and availability of goods, and to enable purchases of goods, as well as access to the Content published on the Website, and to access other Electronic Services.
1.3 Information provided on the Website concerning Goods and Electronic Services, particularly descriptions, technical parameters, and prices do not constitute an offer to sale within the meaning of the Civil Code (Journal of Laws No. 16, item 93 as amended), but an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code. Nor do they constitute a public assurance of the seller.
2.1 Controller – the controller of personal data within the meaning of the Data Protection Act of 10 May 2018 and General Data Protection Regulation (GDPR).
2.2 Cookies – files stored on the Customer’s device, in which settings and other information used on the sites visited by the Customer are stored.
2.3 Business Day – one day counted from Monday to Friday, excluding public holidays.
2.4 Customer – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity, who has concluded or intends to conclude a Sales Agreement with Przekrój or (2) a legal person or (3) an organisational unit without legal personality, which is granted legal capacity by law – who has concluded or intends to use the services provided electronically by Przekrój, as well as to conclude a Sales Agreement with Przekrój.
2.5 Civil Code – the Act of 23 April 1964. – Civil Code (i.e., Journal of Laws of 2018, item 1025).
2.6 Consumer – A customer who is a natural person who performs a legal transaction with Przekrój that is not directly related to his/her economic or professional activity.
2.7 Fee – the fee for the use of Paid Content in the form of a purchased package described in the Online Shop payable by the Customer, determined according to the price list of Przekrój current on the day of conclusion of a given agreement for access to Electronic Services. The prices of the fees current as at the date of the conclusion of the agreement for access to Electronic Services are provided in the Online Shop next to the information concerning the respective Content or its packages. In the case of recurring payments, Przekrój shall indicate the fees due for a given billing period and the length of the billing period for which the fees for access to the Content are due or information about the conclusion of an agreement for an indefinite period.
2.8 Przekrój – the owner of the Internet domain https://przekroj.org and the seller in the Online Shop, i.e. Przekrój Foundation with its registered office in Poland, Aleja Róż 10/12, 00-556 Warszawa, entered into the Register of Entrepreneurs of the National Court Register under National Court Register Number (KRS) No.: 0000750752, Tax Identification Number (NIP): 7010868991 and National Official Business Register (REGON): 381419318.
2.9 Terms and Conditions – this document.
2.10 GDPR – 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 (General Data Protection Regulation).
2.11 Online Shop – ICT platform available at https://przekroj.org/shop.
2.12 Website – the website of Przekrój available at https://przekroj.org, through which it is possible to access the Online Shop and to subdomains created by Przekrój.
2.13 Digital Subscription – Ordering from the Online Shop access to the Content in the form of a recurring package renewed automatically.
2.14 Goods – a movable item available in the Online Shop which is the subject of a Sales Contract between the Customer and Przekrój.
2.15 Content – materials and digital content made generally available on the website at the individual request of the Customer, and other visual, auditory or audiovisual form, available in the offer of Przekrój as part of the Electronic Services. Content may be made available on the website for a fee or free of charge, individually or in collections. In the case of paid content, it shall be made available upon payment of applicable fee.
2.16 Sales Contract – a contract for the sale of Goods, within the meaning of the Civil Code, concluded with the use of means of distance communication between the Customer and Przekrój through the Online Shop.
2.17 Electronic Services – all services, including digital services, specified in the content of the Regulations, provided electronically by Przekrój on the website, including, in particular, publishing Content on the ebsite, enabling the Customer to get acquainted with the current offer of Przekrój, including prices and availability of particular goods and making purchases of goods, as well as enabling the Customer to place an Order and conclude a Sales Contract or provide access to Content.
2.18 User – a person using the Website.
2.19 Order – a declaration of will made by the Customer through the Order Form, aiming directly at the conclusion of the Sales Contract.
2.20 Pre-order – a Sales Contract with an extended lead time. Any Goods with an extended delivery time are marked “Pre-Order”.
2.21 Newsletter – Electronic Service provided by Przekrój via e-mail consisting of periodical delivery of Content or commercial information to Customers.
3.1 For the correct use of the Website, including the Online Shop and the Electronic Services, it is recommended that the following technical requirements are met:
a) Internet connection (wired or wireless);
b) use of a web browser: Google Chrome, Microsoft Edge, Mozilla Firefox, Opera or Safari, or other compatible browsers, in the latest stable version made available by the manufacturer of the respective browser;
c) Javascript and cookies enabled;
d) use of a screen with a minimum width of 300 px.
3.2 Failure to meet the requirements indicated in section 3.1. does not prevent the use of the Przekrój Website, however, it may be the cause of its malfunction.
3.3 Disabling JavaScript and Cookies or interfering with this support (e.g., by using add-ons, overlays, custom settings and other such solutions) does not block the use of the website but may cause difficulties in connecting to it and in using the Services. Detailed information on Cookies is contained in the Privacy Policy.
3.4 The use of Electronic Services may involve risks typical of online activities.
3.5 Przekrój shall, at the Customer’s request, provide the Customer with up-to-date information on the specific risks associated with the use of the Electronic Services, in the form indicated by the Customer.
4.1 The purpose of the Website is to enable Internet users to access the materials distributed in the Przekrój magazine and at the Website, including the materials appearing in the printed editions of the Przekrój magazine, entered in the Press Register under the number Pr 18003, and to access other Electronic Services.
4.2 All rights to the Website and the Content belong to Przekrój, whereas the rights to individual elements of its content (i.e. text, graphics, photographs, software, and other elements protected by law) belong to Przekrój or to entities whose materials are lawfully made available by Przekrój on the Website.
4.3 The Website as a whole as well as individual elements of its content are subject to protection provided by law, in particular the following acts: the Act of 4 February 1994 on Copyright and Related Rights (i.e. Journal of Laws of 2006, No. 90, item 631); the Act of 27 July 2001 on Database Protection (Journal of Laws of 2001, No. 128, item 1402); the Act of 16 April 1993 on Combating Unfair Competition (i.e. Journal of Laws of 2003, No. 153, item 1503).
4.4 The use by Users of the Website and the materials distributed on the Website is only possible within the framework of permitted use as provided for by the provisions of the Act on Copyright and Related Rights and the Act on Protection of Databases or based on an agreement on providing services by electronic means.
4.5 Any other use of the Website and individual elements of its content without the written consent of Przekrój or without the written consent of other authorised parties is prohibited. This means the prohibition of copying, multiplication, circulation, distribution in any form of the Website and individual elements of its content, including the prohibition of distribution of the Content made available.
4.6 Information on the possibility of obtaining a license for the use of specific Content can be attained by directing enquiries to: [email protected].
5.1 Przekrój provides Electronic Services, in accordance with the rules set out in the Terms and Conditions, for an indefinite or fixed term. Przekrój shall do its utmost to provide the Electronic Services in an uninterrupted manner, at the highest level and free from defects.
5.2 At the latest at the time the Consumer expresses their will to be bound by the digital services contract, with regard to Digital Content and Digital Subscriptions, the Consumer is informed that if they express their wish to commence the performance of the service before the expiry of the 14-day withdrawal period and acknowledges the loss of the right of withdrawal after the performance of the service by Przekrój, they will lose, in accordance with article 38 par. 1 item 13 of Act on the Consumer Rights, the right to withdraw from a contract concluded off-premises or at a distance.
5.3 Ordering a Digital Subscription (a contract concluded for an indefinite period) from the Online Shop means that the Customer will receive paid access to it, automatically renewed every 30 days for successive 30-day periods for an indefinite period, until the Customer cancels the Digital Subscription or the Digital Subscription is deactivated by Przekrój.
5.4 Cancellation of the Digital Subscription is possible on the last day of the billing period at the latest. In case of cancellation of the Digital Subscription during the billing period, access to the Content included in the Digital Subscription will remain possible until the end of the billing period.
5.5 As a condition of Ordering access to the Content in the Digital Subscription, the Customer agrees to automatically charge their credit or debit card periodically or to fulfill other conditions required for the recurring means of payment offered through the Online Shop. The Customer may cancel the renewal of the package for subsequent periods at any time via the Account.
5.6 Przekrój reserves the right to deactivate access to the Content in the Digital Subscription in the event of a change in the offer, of which Customers will be notified through the e-mail indicated when registering their Account. In this case, fees will not be charged in subsequent periods.
5.7 In the case of ordering access to Content in Digital Subscription, access fees will be charged automatically, on a recurring basis every 30 days, by debiting credit or debit card or using any other recurring payment method indicated with the Order. In case of failure to collect the fee for the next period of access to the Content, the attempt to collect the fee will be repeated consecutively 3 times for 7 days. If all attempts prove unsuccessful, access will not be renewed for subsequent periods and fees will not be charged and access will not be provided.
5.8 The Newsletter service agreement shall be concluded immediately upon:
a) subscribing to the Newsletter service by entering e-mail address in the field located in the footer of the Website entitled “Newsletter” or expressing consent to receive the Newsletter during Account registration by checking the appropriate box;
b) consent to:
i. sending commercial information by electronic means in accordance with the Act of 18 July 2002 on Rendering Electronic Services. (i.e. Journal of Laws 2019, item 123)
ii. use of telecommunications terminal equipment for direct marketing purposes in accordance with the Act of 16 July 2004 on Telecommunications (Journal of Laws 2018, item 1954); then, after the above consent is recorded, a request for its confirmation will be sent.
5.9 The expression of the consents listed in 4.8 b.i-ii is necessary to receive the Newsletter.
5.10 The Newsletter electronic service is provided free of charge for an indefinite period of time. The User may, at any time and without giving any reason, resign from the Newsletter by sending a relevant request to Przekrój, and specifically by e-mail to: [email protected] or in writing to the address: Przekrój Foundation, Aleja Róż 10/12, 00-556 Warszawa. Upon resignation, the e-mail address provided shall be deleted unless the User expressly consents to further use of the personal data for other purposes or further use of the data is reserved by Przekrój in statutorily permitted cases – in such a situation Przekrój shall immediately inform the User.
6.1 The creation of an Account by the Customer is necessary if the Customer expresses the will to purchase Digital Subscription access to Content. In other cases, the creation of an Account is not necessary, but for making purchases in the Online Shop and contact in all matters, including purchases and complaints between the Customer and Przekroj.
6.2 The use of the Account is possible as a result of registration by creating an Account on the website https://przekroj.org. The creation of an Account requires the selection of the request “LOG IN” and the fulfilment of four mandatory steps: 1) providing an e-mail address; 2) providing a security password and consenting to the processing of the Customer’s personal data 3) clicking on the link confirming registration 4) confirming the registration of the Account on the Przekrój.pl website by clicking on the link confirming registration, which is the content of the message automatically sent to the e-mail address provided.
6.3 Confirming the registration of an Account on Przekrój.pl is tantamount to making a declaration by the Customer that the personal data provided by them is true and that the Customer is authorised to dispose of such personal data. The Customer shall be held liable for providing personal data that is not true, false or concerning third parties and not the Customer.
6.4 The creation and use of an Account is free of charge and possible for an indefinite period of time. The Customer may delete the Account (give up the Account) at any time and without providing a reason, by sending a relevant request to Przekrój, in particular by e-mail to: [email protected] or in writing to the address: Przekrój Foundation, Aleja Róż 10/12, 00-556 Warszawa.
6.5 Przekrój shall delete the Account as a result of the notification and indication to Przekrój of the circumstances informing about the death of the Customer who is a natural person or the liquidation of the Customer who is a legal person or organisational unit without legal personality.
7.1 Through the website, Przekrój presents the Goods, their prices and description, invites the Customer to conclude a Sales Contract and enables the conclusion of this contract.
7.2 In case of doubt: announcements, advertisements, price lists and other information placed in the Online Shop shall not be deemed to be an offer but an invitation to conclude a contract. Nor do they constitute an assurance by Przekrój.
7.3 The photographs and descriptions of the Goods displayed in the Online Shop are illustrative materials , which are intended only to enable the Customer to get acquainted with the Goods and by creating a general impression of the appearance and properties of the Goods. In particular, the appearance of the Goods in the images presented in the Online Shop may differ slightly from the external appearance of the Goods issued to the Customer, which differences may result from different settings of the Customer’s monitor, lighting conditions and other factors related to the parameters of the device on which the website of Przekrój is displayed. For the avoidance of doubt, this provision does not have the effect of limiting Przekrój’s liability to the Customer.
7.4 An order can be placed 24 hours a day, 7 days a week.
7.5 Placing an Order constitutes a declaration of will (offer) by the Customer expressing a direct intention to conclude a Sales Contract or to provide access to the Content at a distance through the Online Shop.
7.6 The effective placement of an Order leading to the conclusion and execution of a Sales Contract takes place after the following stages have been fulfilled together:
(a) The Customer selects the Goods or Electronic Service made available via the website of the Online Shop and adds them to an electronic shopping cart;
(b) The Customer fills in the manadatory fields, i.e. first name, surname, full address – street, house/apartments number, postal code, city, country, e-mail address; in order to facilitate communication, the Customer may also provide their telephone number and enter comments to the order;
(c) The Customer accepts the Terms and Conditions, chooses the method of delivery and the method of payment (PayU or PayPal service); in order to complete the Order, the Customer clicks the “Order and pay” box (until the functionality marked “Order and pay” is activated, the Customer has the possibility to adjust the Order themselves);
(d) after clicking the “Order and pay” box, the Customer will be redirected to the website of the selected payment platform to make payment for the Goods or digital service;
(e) after payment is made, the customer is redirected back to the Online Shop;
(f) in response to the Order, Przekrój sends a message to the e-mail address indicated by the Customer, which constitutes confirmation of the Order and acceptance of the offer made by the Customer and confirmation of all the essential elements of the Order, or a message that the Order cannot be accepted;
(g) The Sales Contract is concluded upon receipt by the Customer of the e-mail message referred to in paragraph f above.
7.7 The conclusion of the Sales Contract is made by means of distance communication, i.e., the Internet by means of the Online Shop.
7.8 The Sales Contract is concluded in the Polish and English language.
8.1 Przekrój reserves the right to update the prices of the Goods and services made available on the website of the Online Shop, however, the price valid at the time of placing the order, before any changes, remains binding for the Customer.
8.2 The price made available on the website of the Online Shop is shown in the Polish currency – złoty (PLN) as well as in euro (EUR) and US dollars (USD) and includes all applicable taxes. The price does not include information about shipping costs and customs duties. The Customer is informed separately about the amount of the delivery costs on the pages of the Online Shop. The section does not inform about possible duties. The Customer is informed of the total price including taxes.
8.3 Information about the total cost of the Order is presented to the Customer after the Customer has selected the delivery method and the form of payment.
8.4 Promotions in the Online Shop concerning the sale of Goods or the provision of services are not cumulative, unless the rules of a given promotion state otherwise.
9.1 Section provides the Customer with two systems for electronic payment:
(a) PayU, where it is possible to choose from several options available: online transfer, payment by debit or credit card; BLIK – payment by code from the application of the Customer’s bank; electronic wallets: Google Pay, Apple Pay and others. For more information on PayU payment rules, visit https://static.payu.com/sites/terms/files/payu_terms_of_service_single_transaction_pl_pl.pdf.
(b) PayPal.
9.2 The electronic payment system PayU is provided by PayU S.A. and the PayPal system by PayPal Polska sp. z o.o.
9.3 When using the electronic payment system of the Customer’s choice, the Customer is required to read and accept the terms and conditions made available to the Customer by the relevant electronic payment service provider prior to payment and to comply with the provisions of these terms and conditions.
9.4 The Customer is obliged to make payment within 7 days of the conclusion of the Sales Contract. After the expiry of the stipulated 7-day period, Przekrój shall set an additional 7-day period. After the expiry of the stipulated period, the Sales Contract shall be terminated without any separate declaration by the Customer or Przekrój.
10.1 The delivery of the Goods to the Customer is payable, unless otherwise stated in the Sales Contract. Delivery of the digital service is carried out electronically and is free of charge.
10.2 Przekrój shall deliver the Goods in accordance with the Customer’s choice made when placing the Order. The cost of delivering the Goods is made available each time in the Order Form.
10.3 The Goods can be delivered to the address indicated by the Customer, both in Poland and abroad.
10.4 The time for performance of the Sales Contract by Przekrój is calculated from the moment of crediting the bank account or clearing account of Przekrój (crediting the payment) to the moment of handing over the Goods to the carrier and amounts to 2 Business Days. The indicated period does not take into account the time of delivery of the Goods by the carrier, i.e. from the moment the Goods are released to the carrier until the moment the Goods are handed over to the Customer by the carrier.
10.5 In the case of Goods marked as Pre-Sale, the time for the performance of the Sales Contract shall be extended and shall amount to 90 Business Days counted from the moment of crediting the bank account or clearing account of Przekrój (booking of the payment) to the moment of handing over the Goods to the carrier. The indicated period does not take into account the time of delivery of the Goods by the carrier, i.e., from the moment the Goods are released to the carrier until the moment the Goods are handed over to the Customer by the carrier.
10.6 Recording, securing, making available and confirming to the Customer the material provisions of the Sales Contract shall take place by sending to the Customer at the e-mail address provided, a message containing a confirmation of the order for the Goods.
11.1 Przekrój shall deliver the Goods and provide the Electronic Services to the Customer without defects.
11.2 The basis and scope of the liability of Przekrój to the Consumer for non-compliance of the Goods, Content or Electronic Service with the contract are defined by the Act of 30 May 2014 on Consumer Rights. The provisions of Book Three of Title XI of Part II of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2022, item 1360 and 2337). shall not apply to contracts obliging the transfer of ownership of Goods to the Consumer, including contracts of sale, contracts of delivery and contracts for work being Goods.
11.3 The Customer shall have the right to file a complaint in the following form:
(a) in writing to the address of Przekrój Foundation: Aleja Róż 10/12, 00-556 Warsaw;
(b) electronically to the following e-mail address: [email protected].
11.4 In order to facilitate the processing of the complaint, it is recommended to include in the description of the complaint:
(a) Customer data;
(b) information and circumstances regarding the subject of the complaint, in particular the nature and date of the irregularity;
(c) the Customer’s request;
(d) information on the form of receipt of a response to the complaint;
(e) contact details of the complainant – this will facilitate and speed up the processing of the complaint by Przekrój. The requirements indicated in (a)-(e) are recommendations only – their absence does not affect the effectiveness of the complaint.
11.5 Przekrój shall respond to the Customer’s complaint immediately, no later than within 30 calendar days from the date of its submission. Failure by Przekrój to respond within the aforementioned period shall mean that the complaint is considered justified.
11.6 The Customer who exercises their warranty rights is obliged to deliver the defective Goods at the expense of Przekrój to the address: Przekrój Foundation, Aleja Róż 10/12, 00-556 Warsaw.
11.1 A Consumer who has concluded a distance contract has the right to withdraw from the contract within 14 calendar days without giving any reason and without incurring any costs. This shall not apply if the Consumer has expressed their willingness to commence the provision of the Electronic Service before the expiry of the 14-day period for withdrawal and has acknowledged the loss of the right of withdrawal (section 4.2 above).
11.2 To meet the deadline, it is sufficient for the Customer to send the declaration before its expiry to Przekrój. The declaration of withdrawal from the Sales Contract may be made in the following form:
(a) in writing to the address of Przekrój Foundation: Aleja Róż 10/12, 00-556 Warsaw;
(b) in electronic form at the following e-mail address: [email protected].
11.3 Such declaration may be made using the model form on withdrawal from the Sales Contract or access to the Content (compliant with the statutory model form referred to Act on Consumer Rights Act, Article 30(1)), constituting (Attachment No. 1) to these Regulations. This does not limit the right of the Consumer to make any other unambiguous statement in which they inform about their decision to withdraw from the Sales Contract.
11.4 The withdrawal period shall expire after 14 days from the date of delivery of the Goods to the Consumer or a third party other than the carrier designated by the Consumer or the provision of access to the Electronic Service.
11.5 In the event of withdrawal from a distance contract, the contract shall be deemed not to be concluded.
11.6 Przekrój is obliged to reimburse the Consumer immediately, no later than within 14 calendar days of receipt of the Consumer’s declaration of withdrawal from the contract, all payments made by the Consumer, including the costs of delivery of the Goods (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method available in the Online Shop). Przekrój 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 incur any costs for the Consumer.
11.7 Przekrój may withhold reimbursement of payments received from the Consumer until it has received the Goods back or until it has received proof of return of the Goods from the Consumer, whichever event occurs first.
11.8 The Consumer is obliged to return the Goods to Przekrój immediately, no later than within 14 calendar days from the date on which they have withdrawn from the contract. To meet the deadline, it is sufficient to send the Goods before the deadline date. The Consumer may return the Product to the address: Przekrój Foundation, Aleja Róż 10/12, 00-556 Warsaw.
11.9 The Consumer shall be solely liable for any diminution in the value of the Goods resulting from use beyond that which is necessary to ascertain the nature, characteristics and functioning of the Goods.
11.10 The right of withdrawal from a contract concluded at a distance does not apply to the Consumer in respect of contracts: (1) for the provision of services, if Przekrój has performed the whole service with the expressed consent of the Consumer, who was informed before the start of the performance that after the performance by the Seller he will lose the right to withdraw from the contract; (2) in which the subject of the performance is a non-refabricated Product, produced to the Consumer’s specifications or serving to meet his individualized needs; (3) in which the subject of the performance are Goods, which after delivery, due to their nature, are inseparably combined with other things; (4) in which the subject of performance is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery; (5) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (6) concluded by means of a public auction; (7) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the express consent of the Consumer before the expiry of the withdrawal period and after the Consumer has been informed by Przekrój of the loss of the right of withdrawal.
13.1 Detailed information concerning the possibility for the Customer who is a Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following website 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
13.2 The Customer, who is a Consumer, has the following examples of out-of-court complaint and redress procedures:
13.2.1 The Customer shall be entitled to apply to the permanent courts of arbitration at the provincial inspectors referred to in the article 37 of the Act of 15 December 2000 on Trade Inspection (i.e. Journal of Laws of 2018, item 1930, as amended) to resolve a dispute arising from the concluded contract for the provision of Services. The Rules of Procedure for the organization and operation of permanent arbitration courts at provincial trade inspection inspectors are set out in the Ordinance of the Minister of Justice of 6 July 2017 on defining the Rules of Procedure for the organization and operation of permanent arbitration courts at provincial trade inspection inspectors (Journal of Laws 2017, item 1356).
13.2.2 The Customer shall be entitled to apply to the provincial inspector of the Trade Inspection, pursuant to article 36 of the Act of 15 December 2000 on the Trade Inspection (i.e. Journal of Laws of 2018, item 1930, as amended), to initiate mediation proceedings for the amicable termination of a dispute between the Customer and Przekrój. Information on the principles and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of the individual provincial inspectorates of the Trade Inspection.
13.2.3 The Customer may obtain free assistance in resolving a dispute between the Customer and Przekrój, also using the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the e-mail address: [email protected] and by the Association of Polish Consumers and the Consumers Foundation at the toll-free consumer helpline under the number 800 889 866.
13.3 A platform for online dispute resolution between consumers and entrepreneurs at 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 entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract.
14.1 This section of the Terms and Conditions and the provisions contained therein apply only to the Customers not being considered as Consumers, i.e. entrepreneurs.
14.2 Przekrój shall have the right to withdraw from a Sales Contract concluded with a non-Consumer Customer within 14 calendar days from the date of its conclusion – in which case withdrawal from the Sales Contract may take place without giving any reason and shall not give rise to any claims on the part of the non-Consumers Customers against Przekrój.
14.3 In the case of non-Consumers Customers, Przekrój has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Contract.
14.4 Upon delivery of the Goods to the carrier by Przekrój, all benefits and burdens relating to the Goods and the danger of accidental loss of or damage to the Goods shall pass to the non-Consumer Customer. In such a case, Przekrój shall not be liable for any loss, loss of or damage to the Goods arising from the time the Goods are accepted for carriage until the Goods are handed over to the non-Consumer Customers and for any delay in the carriage of the consignment.
14.5 In accordance with article 558 § 1 of the Civil Code, the liability of Przekrój under the warranty for the Goods towards the non-Consumer Customer is excluded.
14.6 In the case of non-Consumer Customer who use the Electronic Services, Przekrój may terminate the agreement for the provision of the Electronic Services with immediate effect and without indicating reasons, by sending the non-Consumer Customer an appropriate statement.
14.7 The liability of Przekrój towards the non-Consumer Customer, regardless of whether the Customer uses an Electronic Service or concludes a Sales Contract and regardless of its legal basis, is limited both as a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Contract. Przekrój shall only be liable towards the non-Consumer Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits towards the non-Consumer Customer.
14.8 Any disputes arising between Przekrój and the non-Consumer Customer shall be settled by a court competent for the Przekrój’s localisation, and the law applicable to contracts concluded with non-Consumer Customer, i.e. entrepreneurs, shall be Polish law.
15.1 Przekrój makes available through the Website the possibility to support with monetary payments (having the character of donations) the statutory activities of Przekrój.
15.2 Cash payments to Przekrój may be made:
15.2.1 By traditional bank transfer;
15.2.2 Using online payments supported by payment platforms. An up-to-date and complete list of methods enabling payments is made available by Przekrój on the Website, at
15.3 Detailed rules for making the monetary payments referred to in Section 15.2 are defined each time by the regulations applied by the relevant payment platform.
15.4 Within the framework of monetary payments, Przekrój shall make available to Users the possibility of making one-time and recurring monetary payments made to it by the relevant payment platform, in accordance with the terms and conditions of that platform.
15.5 In order to make a one-time payment, the User should provide his/her name, surname, e-mail address, and residential address on the Website, as well as indicate the amount of the donation.
15.6 In order to initiate recurring monetary payments, the User should log in to his/her individual Account on the Website, and select the amount of monetary payment to be made recurrently once a month by debiting the payment card/bank account by the relevant payment platform.
15.7 Section informs that the full details of the User’s payment card will be stored only by the relevant payment platform. The payment platform intermediating the donations provides a “token” (virtual card identifier), allowing to assign to an individual User a unique identifier, with the help of which this User makes recurring payments to Przekrój. The “token” returned during payment contains the payment platform’s encrypted, masked card number and expiration date, so that Przekroj does not receive and process data in the form of the full payment card number.
15.8 The User may opt out of making recurring payments (donations) to Przekrój at any time. To do so, the User should:
15.8.1 Use the “Cancel Subscription” button visible on the User’s Account;
15.8.2 Send a message by e-mail to [email protected].
15.9 Przekrój may direct special monthly newsletters containing information about Przekrój’s activities and other content related to the promotion of Przekrój’s statutory objectives to Users who make cyclical payments (donations). The User may opt out of receiving such special newsletter at any time by using the link (link) contained in each newsletter message or by changing the settings on the User’s Account.
16.1 Personal data shall be processed in accordance with the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws 2018, item 1000) and the 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 (General Data Protection Regulation) (Official Journal of the EU L 119, p. 1), as well as other legal acts supplementing or replacing the regulations indicated above.
16.2 The administrator of your personal data is the PRZEKRÓJ Foundation with its registered office in Poland, Aleja Róż 10/12, 00-556 Warsaw; entered in the register of entrepreneurs and in the register of associations, other social and professional organizations, foundations and independent public health care institutions kept by the District Court for the capital city of Warsaw in Warsaw, XII Economic Division of the National Court Register under National Court Register Number (KRS): 0000750752, Tax Identification Number (NIP): 7010868991 and National Official Business Register (REGON): 381419318, as well as e-mail: [email protected] (hereinafter referred to as “Administrator”).
16.3 The Administrator has appointed a Data Protection Officer, who can be contacted in writing, by postal mail at: IOD, PRZEKRÓJ Foundation, Aleja Róż 10/12, 00-556 Warsaw or by e-mail: [email protected].
16.4 Data is processed for one or more of the following purposes:
16.4.1 the conclusion/performance of a sales contract/publishing service agreement and the provision of Electronic Services by the Przekrój Foundation on the basis of article 6(1)(b) of the GDPR i.e. on the basis of and in connection with the performance of the agreement,
16.4.2 to take steps leading to the conclusion of a contract – including negotiating, presenting an offer on the basis of article 6(1)(b) of the GDPR, i.e. to take action at the request of the data subject before concluding a contract,
16.4.3 for tax and accounting purposes with article 6(1)(c) of the GDPR in connection with the Act of 29 September 1994 on Accounting, the Act of 29 August 1997 – Tax Ordinance and the Act of 11 March 2004 on the Value Added Tax,
16.4.4 to carry out contract-related contact (by telephone, email, etc.) under article 6(1)(f) of the GDPR (legitimate interest of the Administrator), as far as personal data of contact persons representing our contractor is concerned,
16.4.5 the execution of the complaint process (in order to duly process the complaint) and defense against possible claims (in order to exercise one’s rights) on the basis of the Administrator’s legitimate interest under Article 6(1)(f) of the GDPR,
16.4.6 direct marketing of the Administrator’s own products and services, including for analytical and profiling purposes – the legal basis for the processing is the necessity of processing for the fulfilment of the Administrator’s legitimate interest (Article 6(1)(f) GDPR); the Administrator’s legitimate interest is to carry out direct marketing of its services.
16.5 Period of data processing and the freedom of choice or necessity of providing data
The data collected for the execution of the Sales Contract/processing of complaints shall be processed for the time necessary for its execution and thereafter until the statute of limitations for mutual claims that may arise from the conclusion of the agreement and the fulfilment of statutory obligations related to the processing of accounting and tax documentation.
Provision of personal data is necessary to execute the Sales Contract. Without providing data, it will not be possible to complete the Order. Provision of data of persons representing the Customer is voluntary, nevertheless, without personal data it will not be possible to contact the Customer about the implementation of the Order. Provision of data for the realization of the complaint process is necessary to conduct the process and its completion.
The data processed for contact purposes is kept for the time necessary to execute the Sales Contract/response to enquiries and thereafter for 2 years after the case is resolved or the contact is terminated. The provision of personal data is voluntary; however, it is necessary in order to consider the establishment of contact. Refusal to provide personal data to the necessary extent will result in the inability of contacting/responding to an enquiry.
The data processed for marketing purposes are stored until expressly objected to – Article 21 of GDPR.
16.6 Rights of the data subject
16.6.1 Right to object. The Data Subject has the right to object to their data as described above at any time. Przekrój will stop processing the data for these purposes unless demonstrate that there are compelling legitimate grounds to process the data which override interests, rights and freedoms of the Data Subject, or the data is necessary for to possibly establish, assert or defend claims. At any time, the Data Subject has the right to object to the processing of their data for direct marketing purposes. If the Data Subject exercise this right, Przekrój will stop processing the data for this purpose.
16.6.2 The right to withdraw consent to data processing. To the extent that the data is or will be processed on the basis of consent, the Data Subject has the right to withdraw their consent to data processing at any time. The withdrawal of consent does not affect the lawfulness of the processing Przekrój have carried out on the basis of consent prior to its withdrawal. The Data Subject may withdraw their consent by sending a statement of withdrawal of consent to following email address: [email protected];
16.6.3 The right to access and receive a copy of personal data;
16.6.4 The right to request the rectification (amendment) of personal data, including data contained in the online account panel;
16.6.5 the right to request the erasure of personal data;
16.6.6 The right to request the restriction of the processing of personal data;
16.6.7 The right to data portability, i.e. the right to receive personal data from Przekrój in a structured, commonly used, machine-readable computer format or the right to require Przekrój to send that data to another controller. However, Przekrój will only do this if such a transfer is technically possible. The right to data portability only applies in respect of those data that Przekrój processes on the basis of a contract with the Data Subject or on the basis of their consent to data processing.
16.6.8 The right to lodge a complaint with a supervisory authority. The Data Subject has the right to lodge a complaint with the supervisory authority dealing with the protection of personal data, i.e. the President of the Office for Personal Data Protection or any other competent supervisory authority.
16.7 Acquisition of data by the PRZEKRÓJ Foundation. Personal data is obtained directly from the Data Subject.
16.8 Type of data processed. First and last name; correspondence address; e-mail address to which messages will be sent; telephone number (if indicated); data on online behavior – time spent on particular websites of the Administrator, as well as the facts of visiting particular websites.
16.9 The Administrator may use profiling for direct marketing purposes on the Online Shop https://przekroj.org/shop but the decisions made by the Administrator on the basis of this profiling do not concern the conclusion or refusal of a Sales Contract or the possibility of using electronic services in the Online Shop.
The effect of using profiling in the Online Shop can be, for example, to grant a person a discount, send them a discount code, remind them of unfinished purchases, send them a product proposal that may correspond to the Customer’s interests or preferences or offer better conditions in comparison with the standard offer of the Online Shop. Despite the profiling, it is the Customer who freely decides whether to take advantage of the discount received in this way or of the better terms and conditions and make a purchase from the Online Shop.
Profiling in the Online Shop consists in the automatic analysis or prediction of a User’s behavior on the website of the Online Shop, e.g. by adding a specific product to the shopping cart, or by analyzing the previous history of purchases made in the Online Shop. The condition for such profiling is that the Administrator has personal data in order to be able to send a person, for example, a discount code.
The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and that produces legal effects on the data subject or similarly significantly affects the data subject.
16.10 Detailed rules for the processing of personal data and the use of cookies are described in the “Privacy Policy” available at: https://przekroj.org.
17.1 The content of the Terms and Conditions is made available to Customers free of charge, without any time limitation, at: https://przekroj.org/en/terms. It is also possible to make a printout of the Terms and Conditions.
17.2 The Customer is obliged to use the Website in a manner consistent with the law and decency, with due regard for personal rights and copyrights and intellectual property rights available on the Przekrój website and third parties, as well as not to provide content of an unlawful nature. The Customer is obliged to enter factually correct data.
17.3 The competent court for any disputes arising from an Electronic Service or a Sales Contract shall be the court of general jurisdiction in the matter of fact and place, unless otherwise provided by law.
17.4 The law applicable to the conclusion of the Sales Contract shall be the law of Poland.
17.5 Contracts concluded via the Website shall be concluded in Polish and English.
17.6 The choice of Polish law on the basis of the Terms and Conditions does not deprive the Customer of the protection afforded to them by the provisions which cannot be excluded by agreement between Przekrój and the Customer and which could be applicable.
17.7 Przekrój reserves the right to modify the Terms and Conditions by making changes or additions in situations necessary to maintain the security of the Sales Contracts concluded on the Website, in the event of changes affecting the implementation of the provisions of the Terms and Conditions, changes to the provisions of law, changes to the method of payment or delivery and in the event of changes to the offer of the Website affecting its operation.
17.8 Przekrój shall inform Customers of changes to the Terms and Conditions by making the relevant information available on the main page of the Website and maintaining it for a period of at least 14 calendar days, while Customers with an Account shall also be notified of the planned changes by e-mail to the e-mail address indicated by the Customer.
17.9 The Customer is not obliged to accept the updated Terms and Conditions; however, the acceptance of the Terms and Conditions of the Website is a condition for the use of Electronic Services and the possibility to conclude a Sales Contract.
17.10 In the case of conclusion of continuous agreements on the basis of these Terms and Conditions, the amended Terms and Conditions shall be binding upon the Customer provided that the requirements specified in Article 384 and Article 3841 of the Civil Code have been observed, i.e., when the Customer has been correctly notified of the amendments and has not terminated the agreement within 14 calendar days from the date of notification. However, a non-Consumer Customer, has the right to withdraw from the contract if the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees.
17.11 In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Contract) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the acquired rights of Customers who are Consumers before the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect Orders already placed and Sales Contracts concluded, performed or executed.
17.12 If a particular provision of the Terms and Conditions is deemed invalid or ineffective, the invalidity or ineffectiveness of that provision shall not affect the validity or effectiveness of the remaining provisions of the Terms and Conditions. Section shall endeavor to replace the invalid or ineffective provision with a new provision that is not legally defective.
17.13 The Terms and Conditions become effective as of November 7th 2023.
Addresse: PRZEKRÓJ Foundation; Aleja Róż 10/12, 00-556 Warsaw; e-mail address: [email protected].
I hereby withdraw from the Sales Contract of the following goods (*)/provision of the following service(*):
Order number:
Date of conclusion of the contract:
Consumer’s name:
Consumer address:
Consumer’s signature (only if the form is sent on paper):
Date:
(*) Delete not necessary.
