TERMS AND CONDITIONS

An agreement may be concluded between the Purchaser and the Seller in two ways.
The Purchaser, before making an order, has the right to negotiate any provisions of the agreement with the Seller, including also the provisions modifying the provisions of these terms and conditions of use. The negotiations shall be carried out in writing and addressed at Seller’s address Assault Publishing Marcin Gerkowicz, ul. Środkowa 1/16, 20-015 Lublin, Poland.
In case the Purchaser resigns from the possibility of concluding an agreement by means of individual negotiations, these terms and conditions of use and relevant provisions of law shall apply.

TERMS AND CONDITIONS
valid from 25.XII.2014

§1 Definitions

1. Postal address – name and surname or name of the institution, location in a city/town (in case of a city/town divided into streets: street, number of the building, number of flat/commercial premises; in case of a village not divided into streets: name of the village and number of the building); postal code and city/town name.

2. Address for complaints: Assault Publishing Marcin Gerkowicz, ul. Środkowa 1/16, 20-015 Lublin, Poland

3. Shipment price list – a compilation, to be fount at Y, containing available methods of shipment and their costs.

4. Contact data: Assault Publishing Marcin Gerkowicz, ul. Środkowa 1/16, 20-015 Lublin, Poland

5. Shipment – type of transportation service together with the name of the transporting company and the costs, listed in shipment price list available at http://assaultpublishing.com/?page_id=73

6. Proof of purchase – invoice, bill or receipt issued in accordance with the Act on Value Added Tax of 11 March 2004 as amended and in accordance with other applicable provisions of law.

7. Product card – a single subpage of the online store containing information about a single product.

8. Client – a natural person, major of age and having full legal capacity, a legal person or an entity not having legal personality but nevertheless having legal capacity, making a purchase in Seller’s store directly related to his or her business or professional activity.

9. Civil Code – Act of 23 April 1963 – Civil Code as amended.

10. Code of good practice – a collection of rules of conduct, in particular of ethical and professional norms mentioned in art 2 point 5 of the Act of 23 August 2007 on Preventing Unfair Business Practices as amended.

11. Consumer – a natural person, major of age and having full legal capacity, making a purchase in Seller’s store not directly related to his or her business or professional activity.

12. Shopping cart – product list made of products offered in the store basing on Purchaser’s choice.

13. Purchaser – either Consumer or a Client.

14. Place of handing over the Product – postal address or point of receipt indicated in the order by the Purchaser.

15. Moment of handing over the Product – moment when the Purchaser or a third party authorised by the Purchaser to receive the Product comes into possession of the Product.

16. Payment – method of making the payment for the object of the agreement and for shipment

17. Consumer law – Act of 30 May 2014 on Consumer Rights

18. Product – a minimal and indivisible number of things that may be an object of order, and that is listed in Seller’s store as an item with a determined price (price/item).

19. Subject matter of the agreement – products and shipment being the subject matter of this Agreement

20. Object of sale – subject matter of this Agreement.

21. Collection point – place of handing over the Product other than postal address, mentioned in the list made available by the Seller in the store.

22. Thing – a movable that is or that may be the subject matter of an agreement.

23. Store – Internet service available at http://www.assaultpublishing.com, through which the Buyer may make an order.

24. Seller: Assault Publishing Marcin Gerkowicz, ul. Środkowa 1/16, 20-015 Lublin, Poland

25. System – a system of linked IT devices and software, allowing for processing and storing, as well as sending and receiving data via telecommunication networks by means of an end device appropriate for a given type of network, commonly known as Internet.

26. Term of realisation – given number of working days.

27. Agreement – agreement made outside Entrepreneur’s premises or at a distance within the meaning of the Act of 30 May 2014 on Consumer Rights in case of Consumers and a sales agreement within the meaning of art. 535 of the Act of 23 April 1963 –  Civil Code in case of Purchasers.

28. Defect – both physical and legal defect.

29. Physical defect – inconsistency of the sold product with agreement, in particular if the product:
a. does not have the characteristics that a product of this type should have in the light of the objective set forth in the agreement or resulting from the circumstances or the product’s designation;
b. does not have the characteristics whose existence was guaranteed by the Seller to the Consumer,
c. is not suitable for the purpose of which the Consumer informed the Seller while concluding the Agreement, and the Seller did not make any objections as to such designation;
d. was handed over to the Consumer as incomplete;
e. in case of incorrect installation and launch, if said installation or launch is done by the Seller or by any third party for whom the Seller is liable, or by the Consumer acting in accordance with the guidelines set out in the User’s Manual received from the Seller;
f. it does not have the features guaranteed by the producer or by his representative or by any person who starts trading the product within such person’s business activity or by any other person who, by placing their name, trademark or any other distinctive marking on the sold product presents themselves as the producer, unless the Seller did not know about such guarantees and if, upon reasonable judgment, the Seller could not know about such guarantees or if such guarantees could not have any influence on Consumer’s decision to enter into an agreement with the Seller, or if the content of such guarantees was rectified before entering into the agreement.

30. Legal defect – a situation where the sold product is owned by a third party or is encumbered with a third party’s right or if the restriction in using or disposing of the product results from a decision or a ruling issued by a competent authority.

31. Order – statement of will made by the Purchaser through Seller’s store stating unambiguously: the type and the quantity of products; type of shipment; type of payment; place of handing over the product and Purchaser’s data, directed towards concluding an agreement between the Purchaser and the Seller.

§2 General terms and conditions

1. The Agreement is made in English, in accordance with Polish law and in accordance with these Terms and conditions.

2. The place of handing over the thing may be located at any place in the world with exception of Poland.

3. The Seller is obliged and undertakes to render services and deliver the products free from any defects.

4. Any prices given by the Seller are expressed in EURO and are gross prices (including VAT tax). The prices of the products do not include the price of shipment, which is set out in shipment price list.

5. The Seller does not grant any guarantee to the Purchaser, as stipulated in art. 577 of the Civil Code; nevertheless, he does inform about any known guarantees granted by third parties for the products available in the store.

6. Confirming, sharing, recording, securing any relevant provisions of the agreement in order to be able to access said information in future shall take place in the form of:
a. confirming the order by sending the confirmation at indicated e-mail address;
b. attaching to the realised order, sent at the indicated place of handing over the product, a printed version of proof of purchase;
c. public and generally available sharing of the terms and conditions of use, including the information about the right to withdraw from the agreement.

7. The Seller shall not charge any fees for communicating with them with the use of means of distance communication, and the Purchaser shall bear its costs in the amount stipulated in the agreement concluded by the Purchaser with a third party rendering to him a particular type of service allowing for distance communication.

8. The Seller shall provide the Purchaser using the system with correct functioning of the store in the following web browsers: IE version 7 or higher, FireFox version 3 or higher, Opera version 9 or higher, Chrome version 10 or higher, Safari with installed highest versions JAVA and FLASH, on screens with a horizontal resolution of 1024 pixels and above. Using certain software developed by third parties having an impact on the functioning and functionality of the following browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may have an impact on correct display of the online store, therefore in order to obtain full functionality of the X online store, all such software shall be closed.

9. The Purchaser may use his option to save his data in the store in order to facilitate the process of making the next order. For that purpose, the Purchaser shall type in the log-in and the password, necessary to access their account. The log-in and the password are a set of characters determined by the Purchaser, who is obliged to keep them secret and protect against unauthorised access by third parties. The purchaser may at any time view, correct, update the data and remove his account in the Seller’s store.

10. The Seller shall use the code of good practice.

§3 Concluding and performing the agreement

1. Orders may be made 24/7.

2. To make an order, the Purchaser shall follow at least the following steps, part of which may be repeated many times:
a. adding the product to the shopping cart;
b. selecting the method of shipment;
c. selecting the method of payment;
d. selecting the place of handing over the product;
e. making an order in the store by clicking on the “Order” button.

3. An agreement with the Consumer is concluded at the moment of making the order.

4. Consumer’s order is paid via a system of electronic payments;

5. An agreement with the Client takes place at the moment of receiving the order by the Seller, of which the Client is informed within 48 hours from making an order.

6. Realising the Consumer’s order paid via a bank transfer or via a system of electronic payments takes place after crediting the Consumer’s payment at the Seller’s bank account.

7. Realising the Client’s order may be contingent upon making a payment of full or part of the value of the order or upon obtaining a merchant credit for the value at least equal to the value of the order.

8. Sending the object of the agreement shall take place within the time specified on the product card, and for orders made of numerous products within the longest period of all periods specified on product cards. The time limit runs from the moment of realising the order.

9. The purchased object of the agreement is, together with the sales document selected by the Purchaser, sent with the method selected by the Purchaser at the place of handing over the product indicated by the Purchaser in the order, together with any attachment mentioned in §2 point 6b.

10. At Client’s request there is a possibility of personal receipt and payment with cash, upon arranging the date of receipt via telephone or by e-mail.

§4 Right to withdraw from the agreement

1. Consumer is, pursuant to art. 27 of Consumer Law, entitled to withdraw from the agreement concluded at a distance, without providing any reason and without bearing any costs, except for the costs set out in art. 33, art. 34 of Consumer Law.

2. The time limit for withdrawing from the agreement concluded at a distance is 14 days from the moment of handing over the product, and to keep within said time limit, it is enough to send a statement before the lapse thereof.

3. A statement of withdrawal from the agreement may be given by the Consumer on a form whose template constitutes Attachment no. 2 to Consumer Law or in any other written form compliant with Consumer Law.

4. The Seller shall exclude the possibility of making a statement of withdrawal from the agreement in other form than in writing.

5. The Seller shall immediately confirm to the Consumer at his or her e-mail (provided while entering into the agreement and other if it was given in Consumer’s statement) the receipt of Consumer’s statement of withdrawal from the agreement.

6. In the event of withdrawing from the agreement, the agreement shall be deemed as not concluded.

7. The Consumer has an obligation to return the Product immediately to the Seller; not later, however, than 14 days after the day when the Consumer withdrew from the contract. In order to keep within the time limit, it is enough to send the product before the lapse of the time limit.

8. The Consumer returns at their own cost and risk the product being object of the agreement from which the Client has withdrawn.

9. The Consumer shall not bear any costs of supplying digital content that are not recorded on a material carrier if he or she did not grant his or her consent for performing before the lapse of the time limit for withdrawing from the agreement or if he or she was not informed about losing the right to withdraw from the agreement to which Consumer was entitled at the moment of granting such consent or if the entrepreneur did not provide any confirmation in accordance with art. 15 sec. 1 and art. 21 sec. 1. of Consumer Law.

10. The Consumer shall be liable for any decrease in the value of the product being the object of the agreement and being the result of using the product in a way that goes beyond the scope necessary to determine the character, the features and the functioning of the product.

11. The Seller shall immediately, not later than within 14 days from the day of receiving the statement of withdrawal from the agreement made by the Consumer, return to the Consumer all payments made by such Consumer, including any costs of delivery, and if the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not return to the Consumer any additional costs, as stipulated by Article 33 of the Consumer Law.

12. The Seller shall make the return of the payment with the use of the same method of payment as used by the Consumer, unless the Consumer expressly agrees for another method of payment that shall not be related with any costs for the Consumer.

13. The Seller may withhold the return of the payment received from the Consumer until the moment of recovering the sold product or until the Consumer provides a proof of sending the product back to the Seller, depending on which of the two events occurs earlier.

14. The Consumer, pursuant to art. 38 of the Consumer Law shall not be entitled to withdraw from the agreement:
a. where the price or the remuneration depends on fluctuations on the financial market over which the Seller has no control and which may occur before the lapse of the time limit available to withdraw from the agreement;
b. where the provided product is a non-prefabricated product, manufactured according to Consumer’s specifications or used to satisfy his individual needs;
c. where the object of sale is a thing of little duration or having a short period of suitability for use;
d. where the object of sale is a thing delivered in a sealed package that may not be returned after unpacking for reasons of health protection or for reasons of hygiene, if the packaging had been opened after delivery;
e. where the objects of sale are things that, after delivery, because of their characteristics, are inextricably connected with other things;
f. where the objects of sale are sound or visual recordings  or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
g. concerning the delivery of digital content that is not saved on any material carrier, if the performance of Seller’s obligations has commenced upon Consumer’s express consent before the lapse of the time limit for withdrawing from the agreement and upon notification by the entrepreneur about the fact that the Consumer has lost their right to withdraw from the agreement;
h. concerning the delivery of daily newspapers, periodicals or magazines, with the exception of subscription agreement.

§5 Warranty

1. The Seller, under art. 558 §1 of the Civil Code, totally excludes his liability owed to the Clients for any physical or legal defects (warranty).

2. The Seller shall be liable to the Consumer on terms and conditions set out in art. 556 and the following of the Civil Code (warranty).

3. In the case of an agreement with the Consumer, if the physical defect was detected before the lapse of a year from the moment of handing over the product, it shall be assumed that said defect existed at the moment of passing the risk onto the Consumer.

4. Consumer, if the sold product has any defect, may:
a. make a statement demanding price reduction;
b. make a statement on withdrawing from the agreement;
unless the Seller immediately and without unnecessary inconvenience for the Consumer replaces the defective product for a product free from defects or unless the Seller removes the defect. If, however, the product had already been replaced or repaired by the Seller or if the Seller did not fulfil his obligation to replace the product from a product free from any defects or to remove the defect, the Consumer shall not be entitled to replace the product or remove the defect.

5. The Consumer may, in exchange for the removal of the defect proposed by the Seller, demand the replacement of the product for a product free from any defect or, in exchange for replacement demand removal of the defect, unless making the product compliant with the agreement in a way chosen by the Consumer would be impossible or would require excessive expenditure as compared with the way proposed by the Seller; however, while assessing the excessive character of cost, what shall be taken into account is the value of the thing free from defects, type and significance of detected defect, as well as the inconvenience that would be caused to the Consumer with any other type of satisfying his or her demand.

6. The Consumer may not withdraw from the agreement if the defect is insignificant.

7. If the sold product is defective, the Consumer may also:
a. demand replacement of the product for a product free from any defects;
b. demand removal of the defect.

8. The Seller shall be obliged to replace the product for a product free from any defects or to remove the defect in reasonable time without causing unnecessary inconvenience for the Consumer.

9. The Seller may refuse to satisfy the Consumer’s demand if making the defective product compliant with the agreement in a way proposed by the Purchaser is impossible or if, in comparison with a second possible way of making the product compliant with the agreement, it shall involve excessive costs.

10. In the event when the defective thing had been installed, the Consumer may demand from the Seller de-installation and re-installation after replacing the product for a product free from any defects or after removing the defect; however, the Consumer is obliged to bear a part of related costs exceeding the price of the sold product or may demand from the Seller payment of the part of the costs of de-installation and re-installation, for the maximum amount that is equal to the price of the sold product. In the event of the Seller not fulfilling his obligation, the Consumer shall be authorised to perform said activities at the Seller’s expense and risk.

11. The Consumer, exercising his rights under the warranty, shall be entitled to deliver the defective product at Seller’s expense at the address for complaints, and if, because of the product’s characteristics or way of installation, delivering the product by the Consumer would be excessively complicated, the Consumer shall be entitled to allow the Seller to access the product in the place where said product is kept. In the event that the Seller does not fulfil his obligations, the Consumer shall be entitled to send the products back at Seller’s cost and expense.

12. The costs of replacement or repair shall be borne by the Seller, except for the situation set out in §4 point 10.

13. The Seller is obliged to accept a defective product from the Consumer in case of replacement of a defective product for a product free from any defects or in case of withdrawal from the agreement.

14. The Seller shall, within 14 days, express his point of view as to:
a. statement of claim for price reduction;
b. statement of withdrawal from the agreement;
c. claim for replacement of the product for a product free from any defects;
d. claim for removal of defect.
In other case, it is deemed that the statement or the claim of the Consumer is justified.

15. The Seller shall be liable for warranty if the physical defect is detected before the lapse of two years from the moment of handing the product to the Consumer, and if the subject of sale is a used thing, before the lapse of a year from the moment of handing the product to the Consumer.

16. The Consumer’s claim to remove the defect or replace the sold product for a product free from any defects shall expire after a year, counting from the date of detecting the defect; not earlier however that before the lapse of two years from handing the product to the Consumer, and if the object of sale is a used product, before the lapse of one year from the moment of handing the product to the Consumer.

17. In the case when the time for suitability for use specified by the Seller or by the manufacturer expires after two years from the moment of handing the thing to the Consumer, the Seller shall be liable under warranty for physical defects of said product detected before the expiry of such time.

18. Within the time limits specified in §4 points 15-17, the Consumer may make a statement of withdrawal from the agreement or claim price reduction due to physical defect of a sold product, and if the Consumer claims replacement of the product for a product free from defects or removal of the defect, the time limit to make a statement of withdrawal from the agreement or to claim price reduction starts to run from the moment of ineffective expiry of the time limit for replacement of the product or repair of defect.

19. In case of pursuing one of the claims under the warranty before a common court or before an arbitration court, the time limit to exercise other rights to which the Consumer is entitled under the warranty, shall be suspended until the moment of the final and binding settlement of the proceedings. The aforementioned provisions shall be applied accordingly to mediation proceedings; however, the time limit for exercising the rights under warranty to which the Consumer is entitled, shall run fro the moment of refusal by the court to accept the settlement made before the mediator or from the day of ineffective closing of mediation.

20. In order to exercise the rights under warranty against legal defects of the sold product §4 points 15-16 shall apply; however, the time limit runs from the day when the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as the result of an action brought against him by a third party – from the day when a ruling issued in the litigation with a third party has become final and binding.

21. If, because of a defect in the product the Consumer has made a statement of withdrawal from the agreement or claimed price reduction, he or she may demand compensation of the loss the Consumer incurred because of entering into the agreement and not knowing about the existence of defect, even if the loss was a result of certain events for which the Seller is not liable, in particular the Consumer may demand recovery of costs of entering into the agreement, costs of receipt, transportation, storage and insurance of the products, return of expenditures incurred to such extent as the Consumer did not make any profit from such expenditures and did not recover such expenditures from a third party and did not recover the costs of proceedings. All of the aforesaid shall not be with prejudice to the provisions on compensating the loss on general terms.

22. The expiry of any term to detect a defect shall not exclude the possibility of exercising the rights under warranty, if the seller has deliberately concealed such defect.

§6 Privacy policy and security of personal data

1. The Seller is the administrator of databases of personal data disclosed by the store’s Consumers.

2. The Seller undertakes to protect personal data pursuant to the Act of 29 August 1997 on Personal Data Protection and Act of 18 July 2002 on Providing Services by Electronic Means. The Purchaser, by providing his or her personal data to the Seller while making the order grants hist or her consent for the processing of such data for the purposes of realising the order. The Purchaser is at any time allowed to view, correct, update and remove any of his or her personal data.

3. Detailed rules on collecting, processing and storing personal data used for the purposes of realising the order by the store have been set out in the Privacy Policy that is available at: http://assaultpublishing.com/?page_id=1115

§7 Final provisions

1. None of the provisions of these terms and conditions of use shall infringe on Purchaser’s rights. It also may not be interpreted as such, since in case of any inconsistency between any part of these terms and conditions of use and the applicable provisions of law, the Seller declares unconditional subordination to and use of such provisions of law in lieu of the questioned provision of these Terms and conditions.

2. Any amendments to these terms and conditions of use shall be published on the Store’s website. The amendments shall be made in order to adapt the terms and conditions of use to currently binding provisions of law.

3. An updated version of the terms and conditions of use is available for the Purchases on the subpage titled “Terms and conditions“. During the realisation of the order and for the entire period of the post-sales service the Purchaser is obliged to abide by the terms and conditions of use accepted by him or her while making the order. This is with the exception of the situation when the Consumer finds the accepted terms and conditions of use less favourable than the updated version, and shall inform the Seller of his or her choice of the updated version as the binding one.

4. For matters not regulated by these terms and conditions of use, relevant provisions of binding law shall apply. Any disputable matters, if the Consumer expresses such a wish, shall be settled by mediation or in arbitration court. As a last resort, the matter shall be settled by a common court competent as to place and subject matter.