The regulations apply to all contracts concluded after the 8th February, 2019. The regulations applicable to contracts concluded prior to the 8th February, 2019 are available on sportofino.com/en/terms-conditions-24082017-08022019
1. INTRODUCTION
The owner of the online store www.sportofino.com is SAT sp. z o.o. with its registered office in Poznan, ul. Grochowska 27, Poland, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznan – Nowe Miasto i Wilda in Poznan, 8th Commercial Division of the National Court Register, under the KRS number 0000633957, NIP [taxpayer identification number]: PL7792446406, REGON [National Official Business Register number]: 365284658.
These regulations set out the governing principles of using by Users and Members of the Internet website www.sportofino.com and include the organizational regulations regarding the Website. www.sportofino.com and include the organizational regulations regarding the Website.
2. DEFINITIONS
The following capitalized expressions used in these regulations shall mean the following:
1) Working days
weekdays from Monday to Friday, except for public holidays;
2) Consumer
a natural person, within the meaning of Article 221 of the Civil Code, effecting a legal transaction, not associated directly with his/her business or professional activity, with the entrepreneur;
3) Member’s Account
an account created in the Store’s IT system using the Member’s data provided in compliance with the Loyalty Program regulations, enabling order processing and making use of the Loyalty Program;
4) Organizer
the organizer of the Loyalty Program, i.e. SAT sp. z o.o. with its registered office in Poznan, ul. Grochowska 27, Poland, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznan – Nowe Miasto i Wilda in Poznan, 8th Commercial Division of the National Court Register, under the KRS number 0000633957, NIP [taxpayer identification number]: PL7792446406, REGON [National Official Business Register number]: 365284658;
5) Loyalty Program
a contract for the provision of S’portofino Club loyalty program services by the Organizer, concluded by means of:
a) filling in and signing by the Member of the registration form when making a one-time purchase, regardless of the amount, in a Showroom; or
b) filling in by the Member of the registration form available online in the Store,
hereinafter referred to as „Registration”;
6) Regulations
these regulations setting out the terms and conditions of using the Store, with all annexes and references which clearly and explicitly refer to them;
7) Loyalty Program Regulations
the regulations setting out the terms, conditions and scope of organization and membership in the Loyalty Program, available on www.sportofino.com/en/club-regulations
8) Regulation
the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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);
9) Showrooms
the Organizer’s points of sale, operating under the brand name S’portofino, the current list of which can be found on www.sportofino.com;
10) Website
the Internet website www.sportofino.com is available in Polish, English, German, Chech, Romanian, and French.
11) Store
the online store run by the Organizer on www.sportofino.com; the Store’s mailing address:
E-Sklep S’portofino
ul. Okopowa 58/72
01-042 Warszawa
e-mail: [email protected]
12) Member
a natural person who is over the age of 18, including a legal person and an organizational unit without legal personality, having legal capacity and capacity to perform acts, who has concluded a contract for the provision of Loyalty Program services with the Organizer, having a Member’s Account;
13) Act
the act of May 10, 2018 on personal data protection (Official Journal of the Republic of Poland of 2018, item 1000)
14) User
a natural person who is over the age of 18, including a legal person and an organizational unit without legal personality, having legal capacity and capacity to perform acts, who makes or is intending to make purchases in the Store.
3. GENERAL CONDITIONS
3.1. The www.sportofino.com store offers mail order sales through the Internet of the products and goods from its range. The Store publishes information about the products on www.sportofino.com
3.2. All the products and goods offered in the Store are brand new, in conformity with the Store’s assurances provided in their descriptions, and have been legally introduced to the Polish market.
4. MEMBER’S ACCOUNT – LOYALTY PROGRAM
4.1. The Member is granted access to the Member’s Account after Registration.
4.2. Registration of the Member’s Account is not necessary to place an order in the Store.
4.3. Through registration of the Member’s Account, the Member concludes with the Organizer a contract for the provision of Loyalty Program services, which guarantees Members additional benefits from the Loyalty Program, as mentioned in section 6 of the Loyalty Program Regulations.
4.4. During Member’s Account Registration, the Member provides his/her first name, last name, email address, and phone number.
4.5. Member’s Account Registration through the Store can be completed at any time – to do so, it is required to go to the tab “Registration”. After successful Registration, the Member shall receive, to the email address provided by him/her, a confirmation of Registration together with his/her access password. The Member can now activate his/her account on the Website. For safety reasons, the Member should change the access password after the first logging in.
4.6. Having registered the Member’s Account, the Member shall have an opportunity to make purchases in the Store. To this end, the Member should provide in the appropriate form the shipment address and all data necessary to issue an invoice, if required. The Store shall not be held liable for the incorrectness or incompleteness of data provided by the Member in the form.
4.7. When filling in the registration form, prior to conclusion of the contract for membership in the Loyalty Program, the Member is given an opportunity to read the Regulations and the Loyalty Program Regulations as well as to download them. Accepting their contents is possible by marking the appropriate field in the form.
5. ORDERS
5.1. When placing an order through the so-called “quick shopping” option (Registration not required) or after Registration of the Member’s Account, the Member is obliged to provide true and correct data which are necessary for order processing. The Store reserves the right to verify the data provided via phone or electronic means.
5.2. The Store accepts an order for processing provided the order form has been completed correctly and the Member has selected one of the purchasing methods indicated in section 6.
5.3. After the Store has received an order, an automatic message confirming order receipt shall be sent each time to the email address provided by the User.
5.4. Then, the order placed is subject to verification by the Store’s sales department; afterwards, the User shall receive another message with information confirming acceptance of the order for execution. The moment the message with information confirming acceptance of the order for execution is received, a contract for the sale of ordered products is concluded by and between the User and the Store. The User may make potential changes in the order only by contacting the staff of the Store and sending an email to the following address: [email protected], indicating order number and User’s data in the subject.
5.5. The User may make changes in orders and cancel orders within 24 hours of the date of order placement at the latest. To this end, it is appropriate to contact the Store – by electronic mail to [email protected].
5.6. In the event of unavailability of some of the products ordered, the User shall be informed about the status of his/her order and shall make a decision about its completion, i.e. partial completion of the order or cancellation of the entire order. If the order is canceled, the Store shall return the amount received to the User’s bank account.
5.7. A limited number of products are assigned for promotional sale and completion of orders shall take place based on the order of placement of confirmed orders until all products assigned for such sale are sold.
6. PURCHASING METHOD
6.1. When placing an Order, the User chooses the products ordered, specifies the place of delivery, determines the method of delivery, indicates the payment method and provides invoice data (if applicable).
7. PAYMENT METHODS
7.1. The User who uses the Polish version of the Website:
a) in the case of shipment on the territory of the Republic of Poland, can select the following methods of payment for the order:
i. “cash on delivery” for orders with value not greater than PLN 6000 gross due to the limitations of carriage provided by the courier company GLS Sp. z o.o; or
ii. “fast payment or card payment” using the dotpay.pl service.
b) in the case of shipment outside the territory of the Republic of Poland products are delivered to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, the Netherlands, Ireland, Lithuania, Luxembourg, Malta, Germany, Portugal, Romania, Sweden, Slovakia, Slovenia, Hungary, Great Britain, Italy, Latvia, the User can pay for the order using the following methods:
i. "fast payment or card payment” using the dotpay.pl service,
7.2. The User who uses the English version of the Website can order products to be shipped outside the territory of the Republic of Poland, as indicated in section 7.1.b) of the Regulations, by making payment for the order in the following manner:
i. "fast payment” with PayPal.
7.3. When making a payment, the User should provide order number and User’s first and last name in the “title” field.
7.4. In the event of selecting the payment option “fast payment or card payment” via dotpay.pl or PayPal, the User should make payment directly after order placement. If the payment is not received by the Store within 5 days, the given order shall be canceled.
Money refund in the case of product unavailability or order cancellation takes place to the User’s bank account immediately after it is specified by the User.
8. PRICES AND OFFER CHANGE
8.1. The prices given in the descriptions of individual products are expressed:
a) in Polish Zloty in the Polish version of the Website (sportofino.com);
b) in Euro in the English version of the Website (sportofino.com/en/);
c) in Pound Sterling in the English version of the website (sportofino.com/uk/);
d) in Czech Koruna in the Czech version of the website (sportofino.com/cz/);
e) in Euro in the German version of the Website (sportofino.com/de/);
f) in RON in the Romanian version of the website (sportofino.com/ro/);
g) in Euro in the French version of the website (sportofino.com/fr/)
and include all components, including VAT, pursuant to applicable national regulations.
8.2. Potential customs duties shall be added to the price of a product once the User has selected the country of delivery outside the European Union provided customs duties apply to the given country. The User shall be informed about the costs of customs duties before order acceptance.
8.3. The prices of products are exclusive of shipment costs. Price changes are made by publishing new prices on www.sportofino.com and are binding for the Store at the time of their publication; price changes have no impact on the execution of contracts concluded based on the orders placed prior to such changes.
9. TERMS OF DELIVERY
9.1. Shipment takes place in the manner selected by the User at the time of order placement and to the delivery address indicated by the User. The User who makes a purchase is entitled to indicate the address for shipment of ordered products, also outside the territory of the Republic of Poland.
9.2. Shipment of ordered products to an address in Poland is free of charge. In the case of other countries, this cost depends on the courier company selected.
9.3. Costs of delivery to individual countries are presented in the table.
9.4. Delivery time includes the time of order completion and the time of order delivery, which differ depending on the selected payment method, delivery option, and place of delivery.
9.5. Time of order completion means:
1. in the case of “cash on delivery” shipment – the product purchased shall be sent after order verification by the Store’s employee (up to 2 working days of the date of notifying the User about order acceptance),
2. in the case products paid for before shipment, i.e. in the case of selecting the following payment option: “fast payment or card payment” – the product purchased shall be sent within up to 2 working days of the time of crediting a proper amount on the Store’s account. The time limits of order completion do not include the day when the Store informs the User about order acceptance.
9.6. Delivery time means the time within which shipment is delivered, depending on the delivery option selected by the User. Shipment is made via the courier company GLS Sp. z o.o. The expected delivery time is 24-48 hours in the case of shipment to an address in Poland. In the case of other countries, this period depends on the courier company (delivery times are specified in the table being an appendix to these Regulations). The time limits set out in the table are the time limits declared by the courier company GLS Sp. z o.o.; table, being an appendix to these Regulations). The time limits set out in the table are the time limits declared by the courier company GLS Sp. z o.o.
9.7. Delivery charges shall be indicated on an accounting document issued (invoice or receipt) as a separate item. The User shall be informed about delivery charges before order acceptance. The current table with the information about delivery charges, depending on the selection of specific options, is presented here and in the “Shopping” tab.
10. WARRANTY AND GUARANTEE
10.1. The Store is obliged to deliver to the User a product that is free from defects.
10.2. The Store shall be held liable towards the User if an item sold has a physical defect.
10.3. A physical defect means nonconformity of an item sold (product) with the contract.
10.4. All products offered in the Store are brand new and covered by manufacturer’s guarantee.
10.5. The Store is not the guarantor for the products. In the case of providing quality guarantee covering the product by the guarantor, the terms and conditions of the guarantee shall be made available together with the product. The entitlements resulting from the guarantee need to be exercised in compliance with the terms and conditions as specified in the guarantee document attached to the product.
10.6. If the product is found to be defective, the User may:
1. request price reduction; or
2. withdraw from the contract,
unless the Store, immediately and without excessive inconvenience for the User, replaces the defective product for a product free from defects or removes the defect, whereas this limitation does not apply if the product has already been replaced or repaired by the Store, or the Store did not fulfill the obligation to replace the product for a product free from defects or to replace the defect.
10.7. Instead of the Store’s proposal to remove the defect, the User may request replacement of the product for a product free from defects or, instead of replacing the product, request defect elimination, unless ensuring that the product is compatible with the provisions of the contract in the manner selected by the User is either impossible or would require excessive costs as compared to the manner proposed by the Store. When determining whether the costs are excessive or not, the value of an item free from defects as well as the type and significance of the inconvenience the User would be exposed to when another method was chosen are taken into account.
10.8. The User is not entitled to withdraw from the contract if the defect is minor.
10.9. If the item sold is defective, the User may request replacement of the item for an item free from defects or may request defect elimination. The Store shall replace the defective item for an item free from defects or eliminate the defect within a reasonable period, without causing excessive inconvenience for the User.
10.10. The Store may refuse to satisfy the User’s request mentioned in section 10.9 of the Regulations if ensuring compliance of the defective item with the contract in the manner selected by the User is impossible or would require excessive costs in comparison with the second potential manner of ensuring compliance with the contract.
11. COMPLAINT HANDLING PROCEDURE
11.1 Complaints under warranty or guarantee should be sent to the following address: Reklamacje S’portofino, Panattoni Park VIII Magazyn S′portofino/SAT ul. Diamentowa 1 62-052 Komorniki, Poland or to the following email address: [email protected].
11.2 A defect may be notified using the “complaint” form template found on the Store’s website, in the tab Replacements/Returns, which needs to be sent by email or attached to a shipment. It is recommended to attach a document (or its copy) confirming product purchase in the Store to the complaint notification.
11.3 Due to the fact that the Store needs to verify the existence of a specific defect, the product should be delivered at the same time when the defect is notified to the following address: Reklamacje S’portofino, Panattoni Park VIII Magazyn S′portofino/SAT ul. Diamentowa 1 62-052 Komorniki, Poland
11.4 The User is entitled to file complaints under warranty within 2 years of the date of product purchase in the Store.
11.5 The Store has 30 days to examine the User’s complaint, subject to the User’s complaint under warranty to which the Store is obliged to respond within 14 days of the date of receipt of the User’s request. The User shall be informed about results of verification of the complaint notification by electronic mail, phone or in writing. If the User is not informed about the manner of complaint examination within the time limit specified above, the complaint shall be considered accepted.
11.6 The User’s entitlements under warranty for defects do not exclude, do not limit and do not suspend the User’s entitlements resulting from the guarantee given by the guarantor – pursuant to the terms and conditions set out in the guarantee document.
12. OUT-OF-COURT SETTLEMENT OF DISPUTES
12.1 If the complaint procedure mentioned above has been exhausted, the User being a Consumer is entitled to (besides an opportunity to seek his/her claims in court) to seek out-of-court settlement of complaints and claims. The principles regarding the possibility of using such claims and access to the procedures are available in the headquarters and on the websites of district/municipal consumer ombudsmen, the Provincial Inspectorate of Trade Inspection, and the social organizations the statutory objectives of which is to provide consumer protection. Furthermore, the information is available on the website of the Office of Competition and Consumer Protection (UOKiK): http://www.uokik.gov.pl/spory_konsumenckie.php.
12.2 In particular, the User being a Consumer shall be entitled to:
a) turn to the court of arbitration, as mentioned in Article 37 of the Act on Trade Inspection of December 15, 2000 (Official Journal of the Republic of Poland of 2017, item 1063), with a request to have a dispute resulting from a concluded sales contract resolved;
b) turn to the provincial inspector of Trade Inspection, pursuant to Article 36 of the Act on Trade Inspection of December 15, 2000 (Official Journal of the Republic of Poland of 2017, item 1063), with a request to initiate a mediation procedure regarding amicable resolution of the dispute;;
c) turn to the district/municipal consumer ombudsman or one of the social organizations the statutory objective of which is to provide consumer protection.
12.3 The register of entities appropriate to conduct the procedure is kept by the president of the Office of Competition and Consumer Protection (UOKiK) and is available on the Office’s website: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
12.4 The User being a Consumer shall be additionally entitled to use the online system for resolution of disputes between consumers and entrepreneurs at the EU level (ODR platform available on: http://ec.europa.eu/consumers/odr/). The ODR platform is an interactive and multilingual website where a Consumer and an entrepreneur have access to comprehensive service regarding out-of-court resolution of a dispute concerning contractual obligations resulting from an online sales contract or a contract for the provision of services.
13. WITHDRAWAL FROM CONTRACT
13.1. Each User may withdraw from a distance sales contract without stating the reasons by submitting, within 30 days of receiving a given product, in order to do that, please contact our customer service: [email protected]
13.2. Submitting or sending the declaration before the lapse of the 14-day period is sufficient to meet the deadline specified in section 13.1 above. The declaration can be sent to the following address: Reklamacje S’portofino, Panattoni Park VIII Magazyn S′portofino/SAT ul. Diamentowa 1 62-052 Komorniki, Poland, or to the following email address: [email protected]
13.3. In the case of effective withdrawal from the contract in this manner, the sales contract is considered void and everything the Parties have provided needs to be returned immediately.
13.4. The product returned by the User should be packed in an appropriate manner to ensure that it does not get damaged during transport. If possible, the product should be packed in its original packaging. The product should be returned with all equipment and accessories as well as with all documents issued at purchase. To facilitate the process of complaint examination, it is recommended that the product is returned with the filled in part entitled “return”.
13.5. The Store shall immediately, however no later than within 14 days of the date of receipt of the User’s declaration to withdraw from the contract, return to the User all payments made by the User, including the costs of product delivery (i.e. delivery charges) with the reservation that the Store returns only the costs of the least expensive normal manner of delivery offered by the Store.
13.6. The money shall be returned immediately after effective withdrawal – within 14 days. Payment return shall be made using the same payment method as the one chosen by the User in the initial transaction, unless the User has expressly agreed to a different solution. In each case, the User shall not have to pay any additional charges connected with payment return.
13.7. The User shall return the product to the Store or hand it over to a person authorized by the Store immediately, however no later than within 30 days of the date of withdrawal from the contract, unless the Store itself has proposed that it shall collect the product. Sending the product before the lapse of the 14-day period is sufficient to meet the deadline specified in the preceding sentence. The User shall incur direct costs of returning the product to the Store if, owing to their nature, the items cannot be returned by mail in a normal manner.
13.8. The product needs to be returned to the Store’s address: Reklamacje S’portofino, Panattoni Park VIII Magazyn S′portofino/SAT ul. Diamentowa 1 62-052 Komorniki, Poland
13.9. If the Store has not proposed that it shall collect the product on its own, the Store may refrain from returning the payments made by the User until the product has been sent back or until the User has delivered a confirmation of dispatch, depending on whichever comes first.
13.10. The User shall not be entitled to withdraw from a distance contract in the following cases:
a) a contract the subject of which is a non-prefabricated item, produced in accordance with the User’s specification or intended to meet his/her individualized needs;
b) a contract the subject of which is an item which deteriorates or expires rapidly;
c) a contract the subject of which is an item delivered in sealed packaging which cannot be returned because of health-related or hygienic reasons once the packaging has been opened following delivery;
d) a contract the subject of which includes items which after delivery, owing to their nature, become inseparably connected with other items;
e) a contract in which the User expressly requested that the entrepreneur arrived to him/her to perform an urgent repair or maintenance; if the entrepreneur provides also other services than those the User has demanded to perform, or delivers items other than spare parts necessary to perform repairs or maintenance, the User is entitled to withdraw from the contract with reference to the additional services or items;
f) a contract the subject of which includes audio or visual recordings, or computer software delivered in sealed packaging, if the packaging has been opened following delivery;
g) a contract for the delivery of dailies, magazines or journals, except for subscription contracts;
h) contracts for the provision of services involving accommodation (other than for residential purposes), transport of items, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract clearly indicates the date or period when the service is provided;
i) contracts for the supply of digital contents which are not saved on a physical carrier, if the provision of the service has begun based on the User’s express consent before the lapse of the period enabling withdrawal from the contract and after the User has been notified by the entrepreneur about losing the right to withdraw from the contract.
13.11. The User shall be held liable for the reduction of the item’s value as a result of using it in a manner exceeding the manner necessary to determine the nature, features and functioning of the item.
14. PROTECTION OF PERSONAL DATA
14.1. The controller of Users’ and Members’ personal data is SAT sp. z o.o. with its registered office in Poznan (zip code 60-277), ul. Grochowska 27, Poland, registered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000633957, NIP [taxpayer identification number] 7792446406, REGON [National Official Business Register number] 365284658.
14.2. The Store processes the following types of personal data for the individual categories of data subjects:
a) Users (first name, surname, delivery address, e-mail, telephone number, company, registered address, tax identification number, bank account number, computer IP address),
b) potential Users (computer IP address, information contained in the cookie files),
c) persons acting on behalf of Users who are entrepreneurs (first name, surname, e-mail address, telephone number),
d) persons with registered Participant’s Accounts (first name, surname, delivery address, home address, e-mail, telephone number, company, tax identification number, bank account number, computer IP address),
e) newsletter recipients (e-mail, telephone number),
f) people contacting the Organizer/Controller (first name, surname, company, e-mail address),
hereinafter referred to as “Personal Data”.
14.3. The provision of the Personal Data is voluntary, but in some cases it may be necessary for the conclusion and execution of a contract, e.g. a sale contract or a contract for the provision of electronic services at the Store (keeping the Participant’s Account or newsletter subscription).
14.4. The personal data of the Users will be processed by the Controller in order to:
a) execute the concluded sale contracts, in particular the operational implementation of orders, shipments or deliveries of the ordered goods, to execute the duties resulting from the granted guarantees or warranties,
b) recover receivables (legitimate interest of the controller),
c) conduct the direct marketing of own services (legitimate interest of the controller),
d) send the newsletter,
e) provide the full service to the User, including solving technical problems and providing the relevant functions,
f) adjust the offer to the Users, including advertisements, to monitor the User’s activity, to contact the Users, in particular for the purposes related to the provision of services, serving the Users, permitted marketing and advertising activities, to conduct research and analyses in order to improve the available services, to enforce compliance with the Rules, to assess certain personal factors of the Users, and to exercise other rights and duties resulting from the contract or the applicable laws.
14.5. The personal data of potential Users will be processed by the Seller in order to analyse the market, to provide individual, custom and tailored offers and contents to the Users, to save the Goods added to the basket in the Order procedure through the form, to perform actions that are necessary before concluding a contract, to provide full customer service, including solving technical problems and providing the relevant functions, to monitor the activity, to conduct research and analyses in order to improve the available services, to enforce compliance with the Rules.
14.6. The personal data of persons acting on behalf of the Users who are entrepreneurs will be processed in order to have direct contact or implement the concluded sale contracts.
14.7. The personal data of persons who have registered Participant’s Accounts will be processed in order to:
a) register and maintain the Participant's Account, to execute the concluded contracts, including sale contracts, in particular the operational execution of orders, shipments or deliveries of the ordered goods, to execute the duties resulting from the granted guarantees or warranties,
b) recover receivables (legitimate interest of the controller),
c) conduct the direct marketing of own services (legitimate interest of the controller),
d) send the newsletter,
e) provide full support to the Participants, including solving technical problems and providing relevant functions, to adjust the offer and the Participants’ experience, including advertisements, in the Store’s properties, to monitor the Participants’ activity,
f) contact the Participants, in particular for the purposes related to the provision of services, customer service,
g) conduct permitted marketing and advertising activities, to conduct research and analyses in order to improve the available services, to enforce compliance with the Rules, to assess some of the personal factors of the Participants (legitimate interest of the controller),
and to execute other rights and duties resulting from the contract and the applicable laws.
14.8. The personal data of persons contacting the Controller will be processed in order to provide answers to the questions asked to such persons.
14.9. The personal data of the Users and Participants may be entrusted by the Company to third parties participating in the execution of the service agreement, including the execution of the Reward Programme, or participating in the execution of the sale contract, for their correct execution, e.g. Poczta Polska, carriers, logistics companies, companies servicing payment transactions, entities providing marketing services, entities providing server collocation services.
14.10. The personal data of the Users and Participants will be processed by the Store for the period necessary to execute the Reward Programme service agreement or the sale contract, plus the period of prescription of possible claims, or, if this results from the regulations, for the period stipulated in the applicable law.
14.11. In specific cases described in detail in Articles 15-23 of the Regulation, each User and Participant:
a) is entitled to view and rectify their data,
b) is entitled to remove or limit the processing of their data,
c) is entitled to withdraw the consent for the processing of personal data without affecting the lawfulness of the processing done under it (the consent may be withdrawn at any time by e-mail),
d) is entitled to raise an objection against the processing of data, and to transfer the data in the situations referred to in Articles 20 and 21 of the Regulation,
e) is entitled to lodge a complaint to the President of the Personal Data Protection Office when they think that the processing of their personal data violates the provisions of the Regulation.
14.12. The Seller uses the technical and organizational measures to protect the Personal Data being processed, adequately to the threats and categories of the data protected, in particular the Seller protects the data against unauthorized access, unauthorized collection, processing in violation of the applicable laws, and change, loss, damage or destruction.
15. COOKIES POLICY
15.1 The Store collects information contained among others in cookies automatically.
15.2 Cookies constitute IT data, in particular text files, which are stored in the User’s or Member’s end device and intended to enable and facilitate using the Store’s Website. Cookies usually contain the name of the webpage they come from, the time of storage on the end device, and a unique number.
15.3 The entity installing cookies on the User’s or Member’s end device and having access to them is the operator of the Store, i.e.: SAT sp. z o.o. with its registered office at: ul. Grochowska 27, 60-277 Poznan, Poland.
15.4 Cookies are used for the following purposes:
1. adjustment of contents of the Store’s Website to the User’s or Member’s preferences, and optimization of webpage usage; in particular, these files enable identification of the User’s or Member’s device and proper display of the webpage, adjusted and tailored to his/her individual needs;
2. creating statistics which help to understand how Users or Members use Website, which enables improvement of their structure and contents;
3. keeping the User’s or Member’s session (after logging in), thanks to which the User or Member does not have to enter his/her login and password on each and every subpage of the Store.
15.5 Two basic types of cookies are used in the Store: “session cookies” and “persistent cookies”. Session cookies are temporary files which are stored on the User’s or Member’s end device until logging out, leaving the website or turning specific software off (Internet browser). Persistent cookies are stored on the User’s or Member’s end device for the time specified in cookie parameters or until they are deleted by the User or Member.
15.6 The following types of cookies are used in the Store:
a) „strictly necessary cookies which enable using the services available in the Store, e.g. authentication cookies used for the services that require authentication in the Store;
b) cookies used to ensure safety, e.g. used to detect cases of misuse in the scope of authentication within the Store;
c) „functional cookies which enable “saving” of settings and interface personalization selected by the User or Member, e.g. in terms of the selected language or region where the User or Member comes from, font size, visual appearance of the website, etc.;
d) „reklamowe" advertising cookies which enable delivering advertising contents more adjusted to the interests of Users or Members.
15.7 In many cases, the software used to browse Website (Internet browser) enables by default storage of cookies on the User’s or Member’s end device. Users and Members may change settings regarding cookies at any time. These settings can be changed in particular to block automatic maintenance of cookies in Internet browser’s settings or to inform about their storage on the User's or Member’s device every time. Detailed information regarding the possibility and methods of cookies maintenance is available in the settings of specific software (Internet browser).
15.8 Store Operator hereby informs that limiting the use of cookies may affect some functionalities available on specific Website of the Store.
16. PROFILING
16.1 SAT sp. z o.o. uses an automatic processing tool, such as SALESmanago, to process Users’ or Members’ personal data. By means of using dedicated tools for data profiling, SAT sp. z o.o. can evaluate the personal factors regarding an individual User or Member, and in particular analyze or forecast aspects concerning, among others, personal preferences, interests or behavior.
16.2 The purpose of profiling is to deliver individual Users or Members personalized and tailored offers and contents in all channels, among others through email marketing, dynamics contents on the website, advertising networks, or direct sale.
16.3 Profiling of Users’ or Members’ personal data by SAT sp. z o.o. takes place based on the User’s or Member’s express consent.
16.4 Each User or Member, pursuant to Article 21 of the Regulation, shall be entitled to express his/her objection against the processing of his/her personal data involving profiling.
17. TECHNICAL CONDITIONS OF USING THE WEBSITE
17.1 Using the Website is possible provided the communication and information system utilized by the User or Member meets the following minimum technical requirements:
a) up-to-date versions of Internet browsers: Mozilla Firefox, Chrome, Opera or Internet Explorer 11 with enabled Java applets, JavaScript, Adobe Flash Player and Cookies.
17.2 If the technical requirements of the User’s or Member’s browser are not met, the Store shall notify the User or Member about that in a separate message displayed after entering the Store’s website, and shall simultaneously inform about the necessity to install an appropriate browser or update it.
17.3 To place an order in the Store using the Website and to use additional services on the Website it is necessary for the User or Member to have an active electronic mail account.
17.4 Special threats associated with the use of Website services by Users or Members include failure to follow the precautions described in the documentation of the Internet browser on the User’s or Member’s computer. This applies in particular to the mechanisms extending browsers’ capabilities with the functions that go beyond the HTML standard. In the case of an incorrect configuration of browser’s safeguards, there is also the risk that the data sent from and to an Internet server are intercepted.
17.5 Furthermore, using services provided through the web requires making available basic information about the User’s or Member’s computer such as: IP address, domain, address of the previously visited website (the page the User or Member used to get connected with the specific Website by clicking on an appropriate link), the web browser and operating system used by the User or Member, etc.
18. FINAL PROVISIONS
18.1. The Regulations enter into force on February 8, 2019.
18.2. In matters not regulated by these Regulations, in particular with regard to concluding and executing sales contracts, the provisions of the Civil Code and the Act on Consumer Rights shall apply.
18.3. In the event of a necessity to amend the Regulations as a result of a change in the method of payment, methods and terms of delivery, and terms and conditions of concluding contracts; a change in the complaint procedure; the necessity to implement amendments aimed at making the provisions of the Regulations more accurate; changes in terms of commonly applicable legal regulations and other provisions, the amendment of which affects the implementation and execution of contracts concluded, the Store shall inform Users and Members about this fact at least 14 days before the amendments enter into force by publishing the contents of amended Regulations on the Store’s website and by sending a proper notification to the email address or address for service provided by the User or Member. In such circumstances, the amendments implemented shall not in any way violate the rights acquired by the User or Member before the said amendments enter into force, which means that the Regulations applicable at the time of conclusion shall apply to the contracts concluded and the contracts executed.
18.4. Any and all disputes resulting from or connected with these Regulations or sales contracts shall be resolved by a competent Polish common court.