agreement
This document contains contractual provisions regarding the legal relationship of the transfer of rights in the form of a sale and purchase agreement concluded by the Parties; please read carefully its content, which is legally binding and binding for the Parties. It is the only contract between the Seller and the Buyer.
CHAPTER I. DEFINITIONS
The Buyer, hereinafter also referred to as the Buyer, Customer - a natural person capable of legal acts who concluded with the Seller, after accepting the Store Regulations, the Agreement (this contract) on his own behalf or on behalf of the institution he represents;
The Seller, also referred to as the Seller, the Bidder - Roswell Audio limited liability company with its registered office in Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Warsaw, 14th Commercial Division under the KRS number 0000899702, NIP 1133040884, REGON 389958664, share capital PLN 5,000.00 paid in full; the service provider may be another entity;
Parties - the Seller and the Buyer jointly;
Description, also called the Offer - text, photos, files, drawings, audio and visual materials and other electronic materials of informative and legal nature, including the Regulations and the Agreement, provided by the Seller, specifying the item that the Buyer will receive as a result of the performance of the provisions of the Agreement, Regulations and contracts concluded in connection with their provisions. The Description also includes all tabs, attachments, forms, expandable elements and those that appear after clicking;
Item - physical objects and / or rights to be acquired by the Buyer;
Agreement, hereinafter also referred to as the Purchase and Sale Agreement - this document;
Price - the amount of money that the Buyer is obliged to pay to the Seller under the Agreement. The price includes all applicable fees, taxes, commissions and remuneration of third parties (e.g. Allegro, external content and service providers) who have concluded agreements provided for in the Regulations and the Agreement. The price is displayed to the Buyer during the ordering process;
Store Regulations, also known as Regulations - regulations placed on the website of the online store in the roswellaudio.pl domain;
Direct Communication - a method of communication between the Parties in such a way that the confidentiality of correspondence is preserved, and the sent e-mail or SMS messages are addressed and sent directly to the e-mail address and telephone number of the other Party, respectively. Within the meaning of the Agreement, "possession", referred to in the preceding sentence, means maintaining full and exclusive control over the basic functionalities of the service, in particular over the creation and liquidation of an account / number, reading and deleting messages, creating and deleting an account / number, selecting a service provider.
CHAPTER II. SELLER'S DECLARATION ON FAILURE OF THINGS
The Seller declares that the Item is free from legal defects, and its trade does not violate applicable law or third party rights, in particular copyrights and other intellectual property rights, and that the Item has no physical defects other than those specified in the Description, which, if the description of defects does not specify, it should be understood that such defects, with all due and reasonable care, are not and should not be known to the Seller and therefore the Item should be treated as free from physical defects. The seller declares that the rights to be sold are not subject to any third party claims. The Seller declares that he has made all reasonable steps to ensure that the Description is factually correct, does not contain errors and inaccuracies. However, the Seller's liability for errors resulting from distortions and defects in computer systems, inaccuracies for which the manufacturer of the Things is responsible under the law and for the non-compliance of the Things with unjustified expectations of the Customer is excluded. If the Item does not meet the Buyer's expectations, the Buyer may, as the only remedy, take the steps described in Chapter VIII of the Agreement.
CHAPTER III. TECHNICAL CONDITIONS
The use of the Offer is possible provided that the ICT system used by the Buyer meets the following minimum technical requirements:
a) 1280x1024 screen resolution
b) Mozilla Firefox version 95
c) Google Chrome version 87
d) Yandex browser version 21.11
e) Windows 7 SP1 operating system
By concluding the Agreement, you consent to communication by electronic means. The Buyer agrees that all contracts and their amendments, information and other communications that the Seller or Buyer sends electronically meet the legal requirements of traditional correspondence.
CHAPTER IV. PERSONAL DATA PROTECTION
Performing the information obligation under Art. 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection ), hereinafter referred to as "GDPR", the Seller declares that: The administrator of the Buyer's personal data is the limited liability company Roswell Audio with its registered office in Warsaw, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Warsaw, 14th Commercial Division under the number KRS 0000899702, NIP 1133040884, REGON 389958664, share capital 5,000.00 PLN paid in full. The Buyer's personal data will be processed for the following purposes and on the following legal grounds:
a) performance of contracts binding between the Seller and the Buyer (Article 6 (1) (b) and (c) of the GDPR),
b) implementation of the complaint process or withdrawal from the contract (Article 6 (1) (c) of the GDPR),
c) archiving (for evidence purposes) in the event of a legal need to prove facts, which is the legitimate interest of the Seller (Article 6 (1) (f) of the GDPR),
d) possible determination, investigation or defense against claims being the implementation of the legitimate interest of the Seller (Article 6 (1) (f) of the GDPR).
The Buyer's personal data may be transferred to entities to which the Administrator entrusted personal data for processing on the basis of contracts and entities authorized to obtain personal data on the basis of legal provisions. The Buyer's personal data will be stored for the following period:
a) performance of the contract - for a period of 5 years from the end of the year in which the Contract was concluded, unless their further storage is justified by the limitation period for claims; b) implementation of the complaint process or withdrawal from the contract - 5 years from the moment of considering the complaint or return;
c) archival purposes - for the period necessary to achieve this purpose,
d) establishing, investigating or defending against claims - for the period necessary to achieve this goal.
The Buyer has the right to request access to data concerning him, rectification, deletion or limitation of processing, as well as the right to object to the processing and the right to transfer data. The Buyer has the right to withdraw the consent granted to the processing of data at any time in the scope of data processed on the basis of consent, without affecting the lawfulness of the processing, which the Seller makes on the basis of consent before its withdrawal. The buyer may withdraw the consent by sending an e-mail to the Seller's e-mail address. The buyer has the right to lodge a complaint with the supervisory body (i.e. the President of the Office for Personal Data Protection). Providing personal data by the Buyer is voluntary. The Buyer's personal data is not and will not be the subject of processes under which automated decision-making, including profiling, would take place. The Seller does not acquire and process telemetry data.
CHAPTER V. COPYRIGHT AND CONFIDENTIALITY
All content in the Description, such as text, graphics, images, logos, buttons, icons, audio and video files, data sets, programs and compilations previously mentioned, is the property of the Seller, its content providers or their respective owners and is protected by international copyright law. Trademarks, graphic design, decor of the Offer may not be used in a way that suggests their relationship with any other offer, product or service of other people, entrepreneurs or institutions, in particular in a way that could cause confusion for buyers or in a way that could be perceived as discredit, ridicule or undermining the good name. All other trademarks, trademarks and other marks appearing in the Description are the property of their respective owners. They may or may not be associated with the Seller in any way. The Seller reserves the right of ownership and protection of copyrights as well as the rights under the patent and utility model to figures, drawings, calculations, illustrations, technical calculations, consultative and similar studies, diagrams and other documents provided or made available to the Buyer when concluding the Agreement. They are intended only for purposes related to the implementation of the Agreement and may not be, in whole or in part, reproduced or made available to third parties without the prior consent of the Seller expressed in writing or electronically.
The parties undertake to keep secret and not to disclose to third parties information about the terms of concluded contracts and any data about the entity obtained during the negotiations, conclusion and performance of the Agreement, on the terms set out in the Act on Combating Unfair Competition, without the prior consent of the other Party expressed in writing or electronic. The use of data and information for purposes other than the performance of the Agreement, as well as their publication, is not allowed without the prior consent of the other Party expressed in written or electronic form. The obligation specified in point 5 does not apply to publicly known information and the provision of information at the request of an authorized body, e.g. a court, public prosecutor's office, tax authorities or control bodies.
CHAPTER VI. TRANSPORT, FORWARDING, SHIPMENT
Shipping costs include only one shipment of Items to the Buyer directed to the contact details indicated by him. The Seller is not responsible for errors, omissions, errors and other inaccuracies or inaccuracies in this data, as it has no influence on the action or omission of the Party or a third party. The conclusion of the Agreement is tantamount to authorizing the Seller by the Buyer to conclude a contract on his behalf for the performance of a transport service provided by an external entity. The seller and the carrier are responsible for the correct delivery of the package. The condition for obtaining compensation for a parcel damaged in transport is to draw up a damage report, preferably at the time of receipt of the parcel, in the presence of the courier and signed by him, unless the provisions of the overriding law provide otherwise.
CHAPTER VII. CONTRACT IMPLEMENTATION PHASES AND TRANSFER OF RIGHTS
On the basis of the Agreement, the Buyer: is obliged to pay the marked Price to the Seller, in a manner resulting from the selected form of payment or directly by payment or transfer to the Seller's bank account or via the collection service provided by the carrier, or in cash;
becomes a party (Buyer) to the Purchase and Sale Agreement, on the basis of which, regardless of the provisions on consumer protection and the rights of the parties contained in separate provisions, and applicable to distance contracts, if the content of these provisions indicates that the Parties are entitled to such rights, acquires the following rights:
- the right to deliver the Item
- the item specified in the Description to the address and in the manner indicated (selected) by the Buyer on the basis of the conditions included in the Description, the choice of one of the shipping options belongs to the Buyer, and at the same time the Parties allow the possibility of other regulations regarding the entity being the carrier under separate, consistent arrangements of the Parties, which will take place before the Goods are sent for shipment by the Seller;
- ownership of Things;
- the right to withdraw from the Agreement and the right and obligation to return the Item received as a result of the exercise of the acquired right, within the time specified in the Description and in the manner indicated therein, or agreed by the Parties;
- the right to make claims under the warranty within the time specified in the Description; the owner of the Item should use it in a manner consistent with its properties, and the arrangements referred to in the first and third indents should be made in writing or in electronic form, otherwise null and void. The payment deadline referred to in the first point is 3 days from the date of the Agreement; this period may be longer if the form of payment is cash on delivery.
CHAPTER VIII. RIGHT TO WITHDRAW FROM THE CONTRACT
The parties have the right to withdraw from a distance contract in accordance with the provisions of the applicable local law or for a period longer than that specified therein, if such a period has been specified in the Description. In the event of withdrawal from the Agreement, the returned Item must be complete, unused, intact, with all attached accessories and documents, with no signs of wear and no signs of use. The Seller is not responsible for the loss of value of the Item after its release to the Buyer.
CHAPTER IX. COMPLAINT PROCEDURE
By concluding the Agreement, the Buyer acquires the rights under the warranty provided for in the provisions of the Civil Code. If the Buyer suspects the occurrence of circumstances that justify the submission of claims under the warranty for defects in rights or Items, he will contact the Seller in electronic form, informing him about his position. The Seller, referring to the legitimacy of the notification, will recommend to the Buyer actions and procedures leading to the immediate implementation of his rights, in particular, he will determine the course of the complaint process, update contact details for shipping the Items, indicate authorized carriers, etc., if such activities turn out to be necessary for the efficient and effective implementation Purchaser's rights.
CHAPTER X. CIVIL LIABILITY FOR OTHER REASONS
The Seller is not liable in the event of an inadvertent breach of irrelevant obligations under the concluded Agreement. In the event of an inadvertent breach of other obligations, the Seller's liability is limited to foreseeable and typical damages for a given contract. The Buyer is responsible for the possibilities of use and the effects of using the Things in specific technical solutions and in the hardware configuration of the Buyer, even if the Seller was involved as an advisor or consultant in the preparation of this solution or configuration. The Seller shall not be liable to the Buyer for defects in the product or goods made by the Buyer using the Items provided by the Seller. If the Seller's liability is excluded or limited, the exclusion or limitation also applies to the personal liability of employees and associates.
CHAPTER XI. DISCLAIMER OF PURPOSE USE
The Buyer ensures and confirms that the Item will be used in accordance with its intended purpose, within the limits of its technical capabilities and material and physical properties, and within the framework defined by generally accepted and commonly known rules appropriate for the use of a given type or type of item. This is particularly important in the context of the possible future exercise of the rights under the warranty and individual stages of the complaint procedure, in accordance with the provisions of Chapter IX of the Agreement.
CHAPTER XII. FINAL PROVISIONS
For matters not covered by this Agreement, the provisions of Polish law shall apply exclusively, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on April 11, 1980 (Journal of Laws of 1997, No. 45, item 286, as amended). . amended) and the Convention on the limitation in the international sale of goods, drawn up in New York on June 14, 1974 (Journal of Laws of 1997, No. 45, item 284). The authentic language of the Agreement is Polish. Any changes to this Agreement, additional arrangements, suspensions require the consent of the Seller expressed in writing or electronically, otherwise null and void. The place of performance of the Agreement between the parties is Warsaw. Any disputes arising from the Agreement will be settled by the factual courts competent for the seat of the Seller. However, the Seller reserves the right to appeal against the Buyer at the place of his seat, place of residence or registered office, or at the place of the address indicated for shipment. The headings of the chapters and paragraphs mentioned in the Agreement are only of an ordinal nature and may not constitute the basis for the interpretation or interpretation of the Agreement. This Agreement is a contractual regulation binding the Parties in the scope of purchase and sale activities. The parties exclude the use of other contract templates, regardless of their editorial title (e.g. general contract terms, purchase conditions, contract templates, regulations, etc.), formulated, used, agreed or announced by the Buyer. Conditions inconsistent with the provisions of the Agreement shall not be binding on the Seller, even if they have not been expressly negated by the Seller. Such conditions shall be binding on the Seller, provided that he agrees in writing or in electronic form to differently regulate the mutual rights and obligations of the Parties. Errors and obvious mistakes in writing and editing are not binding on the Parties. The acceptance and application of any clauses, conditions, regulations, contracts, provisions and other content of a similar nature of the Buyer is excluded. Such conditions are considered as not agreed between the Parties. The parties will not be responsible for non-performance or improper performance of their obligations under the Agreement as a result of an event involving force majeure. For the purposes of the Agreement, force majeure shall mean an extraordinary event, independent of the Parties, impossible to prevent despite exercising, judging reasonably, due diligence, which occurred after the announcement of the Offer or the conclusion of the Agreement and which prevented the proper performance of the agreement in whole or in part. Force majeure is, in particular, such events as flood, earthquake, fire, hurricane, whirlwind, collision with the celestial body, state of epidemic, pandemic, serious illness, traffic accident, terrorist act, war, including military strike, nationwide, local industry or similar, mobilization, state of emergency or martial law, significant change in customs, tax or legal rates and / or their interpretation by state authorities, affecting the obligations and burdens of the Seller, acts or omissions of authorities contrary to the law or judgment court, rebellion, blockade, embargo. The agreement does not exclude, limit, suspend or replace the Party's rights that it may have due to overriding legal regulations. The invalidity of one or more provisions of the Agreement does not invalidate the entire Agreement, but only the invalidation of the provisions. Doubts arising when interpreting the provisions of the Agreement should be resolved in such a way that these provisions comply with the provisions of the applicable local law. The Buyer declares that he has read, understood and agrees with all provisions without reservations.
Note: this document has been machine translated.