Terms and Conditions
regarding the online store www.hannahfielding.net
§ 1
Definitions
For the purposes of the present Terms and conditions, the following meanings of the terms used are adopted:
1. Purchaser – a private individual or legal entity or imperfect legal entity,
2. Consumer – a private individual concluding with the Seller a legal agreement not related directly to his business or professional activity,
3. Terms and conditions – the present regulations, available on the website: https://hannahfielding.net/terms-conditions
4. Store – the online store available on the website https://hannahfielding.net
5. Seller – London Wall Publishing sp. z o.o., ul. Hrubieszowska 2, 02–209, NIP: 527–273–32–74, KRS 0000550378, REGON: 360990009, which has a license for the Hannah Fielding brand.
§ 2
Preliminary provisions
1. London Wall Publishing sp. z o.o. operates the www.hannahfielding.net website under the exclusive right to use the ©Hannah Fielding trademark.
2. Through the Store, the Seller performs sales of digital contents, while providing the Purchaser with electronic services in accordance with § 3 of the present Terms and conditions.
3. The Terms and conditions define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and Purchaser.
4. In order to make a purchase through the Store, it is not necessary for the Purchaser’s computer or other device to meet the specific technical conditions. All that is required is the following:
• Internet access
• a standard operating system,
• a standard web browser,
• an active email address.
5. In order to use digital content, the following technical conditions must be met by the Purchaser’s computer or other device:
• Internet access,
• a standard operating system
• a standard web browser,
• a standard .pdf file viewer (e.g. Adobe Reader)
• any device intended for reading electronic books (e-books),
• an active email address.
6. In situations where the use of digital content would require additional technical conditions, such conditions are indicated in the description of the digital content in the Store.
7. A Purchaser may not make a purchase anonymously or under a pseudonym.
8. In order to make a purchase in the Store, the Purchaser must be present in the European Union. Geographic identification is performed by entering a postal zip code in the order form. The seller is making every effort to permit sales to other countries in the world as soon as possible.
9. The Purchaser is forbidden from providing any illegal content, in particular by sending such content as part of the forms available in the Store.
10. All prices quoted in the Store are gross prices.
§ 3
Services provided electronically
1. Through the Store, the Seller provides services to the Purchaser electronically.
2. The basic service provided the Purchaser electronically by the Seller is to enable the Purchaser to place an order in the Store, leading to the conclusion of a legal agreement with the Seller. Placing an order is possible without having an account in the Store.
3. If a Purchaser decides to open an account in the Store, the Seller also electronically provides the Purchaser with a service consisting of setting up and maintaining an account in the Store. Stored on the account are the Purchaser’s personal data and a history of orders placed by him in the Store. The Purchaser logs on to the Account by using his email address and the password he has defined.
4. Opening an account in the Store is effected by completing an independent account registration form available in the Store. The Purchaser may at any time delete the account from the account management panel or by sending a request to the Seller. Deleting an account will not result in deletion of information about orders placed using that account; such information will be stored by the Seller for the entire duration of the Store’s operation, unless the Purchaser opposes the storage of this information and the Seller has no overriding interest in storing it.
5. Where a Purchaser decides to subscribe to the Store’s newsletter, the Seller also electronically provides the Purchaser with a service consisting of sending the Purchaser an e-mail containing information about the Seller’s latest news, promotions, products or services. Subscribing to the newsletter takes place by completing and sending a newsletter subscription form or by clicking on the appropriate checkbox in the order submission process. A Purchaser may at any time resign from receiving the newsletter by clicking on the unsubscribe button visible in every message sent as part of the newsletter or by sending an appropriate request to the Seller.
6. Services are electronically provided the Purchaser free of charge. However, legal agreements for the supply of digital content concluded through the Store are payable.
7. In order to ensure the Purchaser’s security and that of data transfer in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
8. The Seller undertakes actions to ensure the fully proper functioning of the Store. A Purchaser should inform the Seller about any irregularities or interruptions in the functioning of the Store.
9. A Purchaser may submit any complaints related to the functioning of the Store via e-mail to the e-mail address [email protected] and in such a complaint, the Purchaser should specify the type and date of any irregularity related to the functioning of the Store. The Seller will consider all complaints within 30 days of receiving such and will inform the Purchaser of its settlement decision via the e-mail address of the person submitting the complaint.
§ 4
Intellectual Property Rights
1. The Seller hereby instructs Purchasers that the content available on the Store’s website and the digital content sold through the Store may constitute Works, within the meaning of the Act dated February 4th 1994 on Copyright and Related Rights, to which the Seller owns the copyright.
2. The Seller hereby instructs Purchasers that further dissemination of copyrighted content by a Purchaser without the Seller’s consent, except for the use of such content as part of permitted personal use, constitutes a violation of the Seller’s copyright and may result in civil or criminal liability.
§ 5
Conclusion of a legal agreement
1. A Purchaser may place an order as a registered customer or as a guest.
2. A registered customer is any Purchaser who has an account in the Store. A Purchaser can open an account by completing the independent account registration form available in the Store.
3. Where a Purchaser has an account in the Store, he should log on to this account before placing an order. Logging on is also possible when placing an order by clicking on the link available as part of the displayed message.
4. Placing an order is effected by completing an order form after adding any digital content a Purchaser has found of interest in his basket. The filled out form must provide the data necessary to complete the order. The condition governing submission of an order is acceptance of the Terms and conditions , which a Purchaser should first read. In case of any doubts regarding the Terms and conditions , Purchasers may contact the Seller.
5. The ordering process is completed by clicking on the box finalizing the order. Clicking on the box finalizing an order is a declaration of a Purchaser’s will leading to the conclusion of a legal agreement with the Seller for the supply of digital content.
6. If a Purchaser has chosen online payment as the preferred payment method when placing the order, after clicking the box finalizing the order, he will be directed to a payment gateway operated by an external payment operator in order to effect payment for the order. If a Purchaser has chosen to pay by bank transfer, after clicking the box finalizing the order, he will be directed to the Store’s website where he will find confirmation of the order and the payment instructions. Payment for an order should be effected within 1 day of concluding the legal agreement.
§ 6
Payment
1. The only payment option available in the Store is by electronic payment.
2. Electronic payments, including those effected by debit card, are handled by Stripe and PayPay.
3. The invoice is the proof of sale. This will be delivered to the Purchaser by e-mail to the e-mail address provided in the order form.
§ 7
Performance of the legal agreement
1. Fulfilment of an order involving digital content is carried out by sending to the e-mail address provided in the order form by the Purchaser a message containing instructions for downloading or accessing the purchased digital content.
§ 8
A consumer’s renouncement/cancellation of a legal agreement
1. A consumer who has concluded a legal agreement with the Seller by correspondence has the right to renounce said legal agreement without providing a reason within 14 days of concluding that legal agreement.
2. A consumer is not entitled to the right to renounce a legal agreement concluded by correspondence in the case of legal agreements for the supply of digital content that is not recorded on a tangible medium, if the performance of such a service began with the consumer’s express consent before the deadline for renouncing the legal agreement and after the entrepreneur has informed him about his loss of the right to renounce the legal agreement.
3. In order to renounce a legal agreement, the Consumer must inform the Seller about his decision to renounce the legal agreement by means of an unequivocal statement – for example, by a letter sent by post, by fax or by e-mail.
4. In order to meet the deadline for renouncing the legal agreement, it is sufficient for the Consumer to send information regarding the Consumer’s exercising of his right to renounce the legal agreement before the deadline for renouncing the same.
5. In the event of the Consumer renouncing a legal agreement, the Seller shall immediately refund the Consumer all payments received from the Consumer, but no later than 14 days from the date on which the Seller was informed about the Consumer exercising his right to renounce the agreement.
§ 9
Responsibility for defects
1. The Seller is required to provide the Purchaser with digital content free of defects.
2. The Seller is liable to the Purchaser if the digital content has a physical or legal defect (warranty for defects).
3. If a Purchaser finds a defect in the supplied digital content, he should inform the Seller thereof, at the same time specifying his claim as regards the identified defect or submitting a relevant statement.
4. The Purchaser may contact the Seller via e-mail.
5. The Seller shall respond to the complaint submitted by the Purchaser within 14 days from the date the complaint was submitted by such same means of communication as that by which the complaint was submitted.
§ 10
Personal data and cookies
1. The administrator of the Purchaser’s personal data is the Seller.
2. The Purchaser’s personal data is processed for the following purposes and based on the following legal grounds:
• the conclusion and performance of a legal agreement – article 6, clause 1, letter b of the GDPR (General Data Protection Regulation),
• the fulfilment of tax and accounting obligations – article 6, clause 1, letter c of the GDPR,
• the defence, investigation or determination of claims related to a legal agreement, which constitutes a legitimate interest pursued by the Seller – article 6, clause 1, letter f of the GDPR,
• the identification of a return customer, which constitutes a legitimate interest pursued by the Seller – article 6, clause 1, letter f of the GDPR,
• the handling of queries submitted by Purchasers not yet leading to the conclusion of a legal agreement, which constitutes a legitimate interest pursued by the Seller – article 6, clause 1, letter f of the GDPR,
• the sending of a newsletter, following a consumer’s prior consent – article 6, clause 1, letter a of the GDPR.
3. Recipients of the Purchaser’s personal data are: a tax office, an accountant, a law firm, a hosting provider, an invoicing system provider, a CRM system provider, and a mailing system provider.
4. Due to the use of the MailChimp mailing system, personal data of Purchasers who have subscribed to the newsletter are forwarded to the United States of America (USA) in connection with their storage on servers located in the USA. The MailChimp system provider guarantees an appropriate level of personal data protection through appropriate compliance mechanisms (Privacy Shield).
5. A Purchaser’s personal data is stored in the Seller’s database throughout the course of the Seller’s business in order to be able to identify return customer, to which however, a Purchaser may object, demanding the removal of his data from the Seller’s database. If such an objection is submitted before expiry of the limitation period for claims under the concluded legal agreement, the Seller will have an overriding interest in storing Purchaser’s data until expiry of the limitation period for claims. Accounting documentation containing the Purchaser’s personal data is stored for the period required by law.
6. A Purchaser’s rights related to the processing of personal data: the right to request from the Seller access to personal data, rectification of such data, its deletion, processing restrictions, the right to object to its processing, the right to transfer data, and the right to lodge a complaint with the Chairman of the Office for Personal Data Protection.
7. The provision of personal data by a Purchaser is voluntary, but necessary in order to be able to contact the Seller, open a user account, conclude a legal agreement or subscribe to the newsletter.
8. The store uses cookies technology.
9. Details relating to personal data and cookies are described in the privacy policy available at https://hannahfielding.net/privacy-policy
§ 11
Out-of-court means of considering complaints and finding redress
1. The Seller agrees to submit to mediation concerning any disputes arising in connection with concluded legal agreements for the supply of digital content. Details will be determined by the parties to the conflict.
2. The consumer has the option of taking advantage of extrajudicial means for settling complaints and finding redress. Among other things, the consumer has the option of:
• applying to a permanent amicable consumer’s court with a request to settle a dispute arising from a concluded legal agreement,
• applying to a provincial Fair Trading Inspector to initiate mediation proceedings for the amicable settlement of a dispute between a Purchaser and Seller,
• taking advantage of assistance from a county (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
3. Consumers may find more detailed information on out-of-court means of considering complaints and methods of redress on the website http://polubowne.uokik.gov.pl.
4. A consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. This platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales agreement or service provision agreement.
§ 12
Final Provisions
1. The Seller reserves the right to introduce and revoke offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Purchaser, including in particular the terms of any agreements concluded before said change is introduced.
2. The Seller reserves the right to make changes to the Terms and conditions. Agreements concluded before an amendment to the Terms and conditions shall be subject to the Terms and conditions in force on the date an agreement was concluded.
3. Any disputes related to legal agreements concluded through the Store will be considered by the Polish common court relevant to the Seller’s place of permanent business activities. This provision does not apply to Consumers for whom the court’s jurisdiction is examined on general principles. As of 01.06.2020 this provision also does not apply to a private individual concluding with the Seller a legal agreement directly related to his business, when the wording of said agreement indicates that this business is not of a professional nature for that individual, ensuing in particular from the subject of the business activity performed, and permitted that individual on the basis of the provisions concerning the Central Register and Information on Economic Activity – in the case of such a person, the court’s jurisdiction is considered on general principles.
4. The present Terms and conditions shall apply from December 9th 2019.
5. All archived versions of the Terms and conditions are available for downloading in the .pdf format. Links to these may be found beneath the present Terms and conditions.