Regulations

KNOCK OUT MUSIC STORE
ONLINE STORE TERMS & CONDITIONS

 

The online store available at www.knockoutmusicstore.pl is run by Tomasz Ochab, conducting business activity as Knock Out Productions, under the address: ul. Józefa Chełmońskiego 130L lok. 11, 31-340 Kraków (Poland), entered in the Central Registration and Information on Business of the Republic of Poland kept by the Minister of Economy, NIP (Tax ID No.): 6772280971, REGON (National Business Registry No.): 120675989, email: info@knockoutmusicstore.pl, hereinafter referred to as the: „Service Provider.”


§1.
DEFINITIONS

The terms used in the Terms & Conditions shall have the following meanings in the Terms & Conditions:
Terms & Conditions – this document available in an electronic form allowing for printing;

Electronic Service – service provided without simultaneous presence of the parties (remotely), as understood by the Act of 18th July 2002 on the provision of services electronically (Journal of Laws from 2002 No. 144, item 1204, as amended);

Store – online platform available at: www.knockoutmusicstore.pl, operating in accordance with the Terms & Conditions, comprising of graphic elements, software enabling the provision of online Services for the Customers; allowing for selling goods and services determined in the Terms & Conditions;

Customer – natural person with full legal capacity using the Store, as well as a natural person aged 13-18 to the extent they can acquire rights and incur liabilities, pursuant to the regulations of the generally applicable law, using the Store; legal person and organisational unit without legal personality, granted legal capacity by the Act, using the Store;

Consumer – natural person conducting with the entrepreneur a legal activity not related directly to their business or professional activity, as well as a natural person concluding an agreement directly related to their business activity if the provisions of such an agreement state that it is not of professional nature for them, resulting specifically from the subject of the conducted business activity, as made available on the basis of the regulations on the Central Registration and Information on Business;

Order – the Customer’s declaration of intent leading directly to the conclusion of sales agreement, with specific provisions, performed in the Store;

Product – movable good presented for sale in the Store;

Account – a set of data and settings of the Customer created as a result of registration by the Customer and kept by the Store for the Customer, designated with a unique name (login), storing the Customer’s data and information about their activities in the Store, including the information about the orders placed in the Store; the Account can be accessed by Signing in by the Customer;

Email address – IT system designation allowing to communicate via means of electronic communication,

Signing in/logging in – system authentication procedure to access the Account, requiring the Customer to enter a login, which is the email address provided during the Account’s registration, and a password;

Newsletter – electronic Service in the form of providing Customers trade and marketing information, including information on: Products, services, promotions, Store news to the email address provided by the Customer and with the Customer’s consent.

Event – artistic, cultural, entertainment or sports event organised by the Organiser for which Tickets are being distributed or sold via the Store.

Organiser – legal person, natural person or organisational unit without legal personality organising an Event. Information about the Organiser of an Event is always included in the Event’s description in the Store.

Ticket – document issued by the Service Provider on behalf of the Organiser, confirming the Customer’s right to take part in the Event, generated in the Store by the Service Provider on behalf of the Organiser in electronic form as a link to a PDF file for print, with a unique bar code to be read by scanning devices, confirming the Customer’s right to take part in the Event

Collectible Ticket – Event souvenir in paper form, issued by the Service Provider on behalf of the Organiser after previous selection of this option by the Customer when placing an order for the Ticket in the Store; the Collectible Ticket is not a Ticket – it does not entitle to take part in the Event. To take part in the Event, a Ticket with a unique bar code is required. 


§2.
GENERAL PROVISIONS

  1. The Service Provider:
      a) conducts online sales of Products and Tickets in the Store;
        b) provides free-of-charge the following electronic service via the Store: contact form, Order form, viewing content and placing Orders in the Store, presenting content, Newsletter, and Account services.
  2. In order to use the Store functionalities, the following conditions must be met: 
      a) end device with access to the internet,
        b) installed internet browser updated to the latest version supporting the JavaScript technology,
        c) active and properly configured email account,
  3. The information provided in the Store does not constitute an offer according to the definition in the Act of 23rd April
    1964 – Civil Code, but this is an invitation to conclude an agreement.
  4. The Customer is obliged not to provide contents (text, graphics or multimedia) of illegal nature, specifically the contents violating the personal rights or copyrights of third parties.
  5. The Customer is obliged to use the Store in a manner following the law and the rules of social conduct, and also in a way not disrupting the functioning of the Store, non-intrusive to other Customers and to the Service Provider.  
  6. The use of the internet and the services provided electronically by the Customer, despite the application of various security measures by the Service Provider, can be vulnerable to an attack of the Customer’s IT system and device by malware, and to unauthorised access to the Customer’s details by third parties. In order to minimise these threats, the Customer should apply appropriate technical security measures, e.g. using antivirus software or software protecting identity in the internet. 

 

§3.
STORE ACCOUNT REGISTRATION

  1. The Customer can register in the Store, resulting in opening an Account for them. The Account stores the Customer’s details provided by them in the registration form. The Account cannot be transferred to other parties. As part of the Account service, it is possible to: view order history in the Store, verify Order status, change contact details.
  2. Registration in the Store in order to open an Account comprises of performing the following actions by the Customer:
  3. a) filling in the fields in the interactive registration form in the Store with the following details: first name, last name, telephone number, address of residence, password created by the Customer for accessing the Account, email address,
  4. b) submitting declaration on reading the Terms & Conditions,
  5. c) submitting declaration on reading the privacy policy,
  6. d) submitting filled-in registration form electronically to the Store by clicking the button at the end of the registration form: “Zarejestruj się” (Register),
  7. e) activating the Account via activation link in the email message sent to the Customer to the provided email address.
  8. Submitting the declarations indicated in the registration form available in the Store is voluntary, however, failure to submit a declaration on reading the Terms & Conditions and on reading the privacy policy prevents successful registration of an Account in the Store. 
  9. The Customer is obliged to provide complete and truthful details in the registration form. 
  10. The login required for registering an Account can be only the email address that can be accessed by the Customer for the duration of the Account’s existence. The Service Provider can send to the email address provided by the Customer during the registration procedure any information required for the functionality of the Store and for the performance of a given procedure, e.g. deleting the Account, password recovery, information about placed Orders, etc. 
  11. Upon activating the Account by the Customer (i.e. when the Customer clicks the activation link in an email sent to the Customer to the provided email address), an agreement for the electronic provision of the Account keeping service is concluded for indefinite time. The Customer can withdraw from the agreement of keeping an Account at any time by sending such a declaration to the Service Provider via email to:  info@knockoutmusicstore.pl or in written form. In this case, the Account and all of its contents will be immediately deleted.
  12. The details provided on registration of the Account, except for the login, can be changed by the Customer on signing in to the Customer’s Account and going to the “Edytuj konto” (Edit account) tab. The Customer should immediately update their details in the Store if they turn outdated.
  13. Signing in to the Store Account takes place by the Customer entering their login and password created during the registration process, in the “Zaloguj się” (Sign in) tab on the Store’s website.
  14. If the Customer has forgotten the Account password, they can recover it by filling in correctly the password recovery form. In this case, the Customer shall receive an electronic reminder to the email address provided during the Registration in the Store.
  15. The Customer is obliged not to share their Account in any form to third parties, and to keep the Account password secret.
  16. If the Account security is compromised, the Service Provider can block the Account for an definite period of time or block access to selected services on the Account, about which they are obliged to inform the Customer. 
  17. The Service Provider is entitled to introduce restrictions in using the Account, including deletion of the Account, in the case of a gross violation of the Terms & Conditions by the Customer or an attempt of activities harmful to the Service Provider, after previous ineffective notice sent to the Customer’s email address to cease the violations.

 

§4.
ORDER PLACEMENT AND FULFILMENT

  1. The main properties of the service, including the service in question and the method of communication with the Customer, are provided in the Store on the Product or service page every time. 
  2. The rules of participation in a given Event, including the rights and obligations of the Event participants, are determined in the Terms & Conditions issued by the Organiser. The Terms & Conditions of every Event are available in the Store in the Event description, in electronic form, as a link to a page with the contents of the Terms & Conditions. The Terms & Conditions for the Events the Organiser of which is the Service Provider are available at:  https://knockoutprod.net/pl/page/regulamin. 
  3. The Customer can electronically place Orders for Products and Tickets presented in the Store 24 hours per day, with the reservation that the fulfilment of Orders for Products and Collectible Tickets by the Service Provider takes place on working days (Monday to Friday). 
  4. The prices in the Store are presented in PLN and they include taxes, however, they do not include fees for additional services, if applicable. The Service Provider charges a service fee to every Order in the amount of 4% of the Order value, which covers the costs of servicing sales in the Store. 
  5. The Product or Ticket prices and the prices of all the additional services related to purchasing the Product or Ticket, as well as the current delivery options and costs are provided before the final confirmation of the Order. The Service Provider can determine a minimum Order value, for which the delivery costs are free for the Customer.
  6. To place an Order for a Product or a Ticket the Customer should follow the instructions provided at every stage of the Order placement procedure, specifically the following steps in the order indicated by the Service Provider in the Store:
      a) select the type and the quantity of Products and/or Tickets by adding the selected Products and/or Tickets to a virtual cart,
        b) go to the virtual cart,
        c) select the delivery option for the Products and/or Tickets in the virtual cart from the options available in the Store,
        d) select the payment option for the Order from the options available in the Store,
        e) fill in the Order form fields with their details provided in the interactive form: first name and last name, delivery address (street, building number, apartment number, city, postal code), email address, and telephone number – to which the Customer has access, and if the Customer opted for issuing a VAT invoice in the form, also the company details, including the NIP (Tax ID No.); the Customer with a registered Account should confirm if the details required for the placement and fulfilment of the Order in the Order form are up-to-date;
        f) declare to have read the Terms & Conditions, 
        g) declare to have read the privacy policy, 
        h) click the “Zamawiam i Płacę” (Order and pay) icon.
  7. When placing an Order, the Customer can register an Account in the Store. In this case, the Customer should click the icon “Użyj powyższych danych i utwórz konto” (Use the details above to open an account) and enter the created password.
  8. Submitting the declarations indicated in the Order forms available in the Store is voluntary, however, failure to submit a declaration on reading the Terms & Conditions and on reading the privacy policy prevents successful placement of an Order in the Store. 
  9. The Service Provider can send information necessary for fulfilling and servicing the Order to the email address provided by the Customer in the Order form, therefore, the Customer is obliged to provide an email address to which they are entitled and have active access.
  10. This entails the obligation of the Customer paying for the Order.
  11. After clicking “Zamawiam i płacę” (Order and pay), the Customer is automatically redirected to an internet platform of an external payment service provider to make the payment, and then they select the payment option available on the platform. Such a payment is possible after previously accepting the payment terms & conditions of the selected institution, the contents of which are made available to the Customer before making payment.
  12. Payment in the Store can be carried out by the “Dotpay” electronic payment system supported by PayPro S.A. with the registered seat in Poznan: ul. Kanclerska 15, 00-327 Poznań, Poland, entered in the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznan, 8th Economic Division of the National Court Register, under the KRS (National Court Register) no. 0000347935, after previously accepting payment terms & conditions of this institution, which is available in the aforementioned system. 
  13. When purchasing a Ticket, the Ticket is sent electronically to the email address provided by the Customer in the form of a link to generate the Electronic Ticket in PDF format, which the Customer is obliged to print on their own and present to the Organiser on entering the Event, in the form of a legible printout or on a mobile electronic device.
  14. The Collectible Ticket is issued on entering the Event, after scanning the Electronic Ticket;
  15. Order placement by the Customer is confirmed by a message on placing the Order sent to the email address provided by the Customer. 
  16. The condition to fulfil the Order by the Service Provider is making payment for the Product by the Customer. Failure to make payment by the Customer within 20 minutes from confirming placing an Order leas do cancellation of the Order. 
  17. The dispatch time and the maximum delivery time of a Product or Collectible Ticket to the Customer is provided in the Store every time in the Product description or in the Order form. A Product or a Collectible Ticket is delivered to the Customer to the delivery address provided by the Customer or to the collection point selected by the Customer. Deliveries of Products or Collectible Tickets are carried out in the territory of Poland. If several Products are ordered at the same time, but with different delivery dates, the delivery date shall be the latest of the provided delivery dates. 
  18. An Electronic Ticket is sent immediately (within 24 hours) after the Customer has made the payment.
  19. An Electronic Ticket has a unique bar code which the Customer is obliged to present to the Organiser on entering the Event to be scanned with a scanning device by the Organiser and to verify the Customer’s right to enter the Event.
  20. The code on an Electronic Ticket is valid only during the first scanning, i.e. it cannot be used to re-enter the Event after the Electronic Ticket has been scanned, therefore, the Customer, on receiving the Electronic Ticket, is obliged:
      a) to keep the Electronic Ticket stored with due diligence,
      b) not to share the bar code on the Electronic Ticket publicly online or otherwise,
        c) not to send the Electronic Ticket or the bar code on the Electronic Ticket by any means of communication without the application of appropriate security measures,
        d) not to share the Electronic Ticket or the bar code with unauthorised persons. 
  21. All the Products and Tickets made available via the Store, and all the contents and visual identifications in the Store (as creative content of individual nature in any form, regardless of the value, purpose and means of expression) shall be protected, pursuant to the absolutely applicable legal regulations, specifically the provisions of the Civil Code and the Act of 4thFebruary 1994 on copyright and related rights (Journal of Laws from 2019, item 1231, as amended). 

 

§4.
NEWSLETTER

  1. The Service Provider provides the service of Newsletter subscription which includes the Service Provider sending information in the form of an email message to the email address provided by the Customer including specifically information about: the current offer, promotions, discounts, marketing campaigns, trade information. The Newsletter service is provided free of charge for indefinite time.
  2. The consent to receive the Newsletter is voluntary, and the Customer can withdraw their consent at any time. 
  3. To subscribe the Newsletter, the Customer enters their email address in the appropriate field of the form in the Store. 
  4. The Customer can withdraw from subscribing the Newsletter at any time by sending the Service Provider a declaration on withdrawal from the Newsletter via email or in written form. 
  5. The Service Provider can terminate the agreement for the provision of the Newsletter service at any time due to significant reasons, i.e.:
      a) change of legal regulations for the electronic provision of services which impacts the mutual rights and obligations of the Parties or a change of interpretation of the aforementioned regulations as a result of judicial rulings, decisions, recommendations of the appropriate offices or bodies;
        b) change of the scope of providing service by the Service Provider by the introduction of new functionalities or services, or withdrawing hitherto functionalities or services covered by the Terms & Conditions;
        c) change of the method of providing services caused only by technical or technological reasons. 
  6. The Service Provider shall inform the Customer about the intention to stop providing the Newsletter service with at least one week’s notice by sending an appropriate notification via email to the email address provided by the Customer in the order form.

 

§ 6.
RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The Consumer who has remotely concluded an agreement can, pursuant to art. 27 of the Act of 30th May 2014 on consumer rights (Journal of Laws of 24th June 2014, as amended), withdraw from the agreement within 14 days without stating the reason and without paying any costs other than prescribed by legal regulations, with the reservation of section 2 of this paragraph.
  2. The Consumer is not entitled to withdraw from a remotely concluded agreement, pursuant to art. 27 of the Act of 30th May 2014 on consumer rights (Journal of Laws of 24th June 2014, as amended), in reference i.a. to the following agreements:
      a) agreement with the subject of the agreement being audio or video recordings, or computer software delivered in sealed packages if such packages have been opened on delivery;
        b) agreement on the provision of services in the form of accommodation, other than for residential purposes, transport of goods, car rental, catering, leisure services, entertainment, sports or cultural events if a date or a period of providing the service has been identified in the agreement;
    and additionally:
        c) agreement on the provision of services if the Service Provider has fully provided the service with the express consent of the Consumer, who has been informed before the provision of the service that after the service will have been provided by the Service Provider, they lose the right to withdraw from the agreement;
        d) agreement in which the price or remuneration depend on financial market fluctuations, over which the Service Provider has no control, and which can take place before the date of withdrawal from the agreement;
        e) agreement with the subject of agreement being goods that are not prefabricated, manufactured according to the Consumer’s specification or serving to satisfy their individualised needs;
        f) agreement with the subject of agreement being goods that spoil fast or with short expiry date;
        g) agreement with the subject of agreement being goods delivered in sealed packaging which cannot be returned after opening the packaging due to health reasons or hygienic reasons if the packaging has been opened on delivery;
        h) agreement with the subject of agreement being goods which on delivery, due to their nature, become inseparably connected to other goods;
        i) agreement with the subject of agreement being alcohol beverages the price of which has been agreed on the conclusion of the sales agreement, and which can be delivered only after 30 days, and the value of which depends on market fluctuations, over which the Service Provider has no control;
        j) agreement in which the Consumer has expressly demanded the entrepreneur to come to them to perform urgent repair or maintenance works; if the Service Provider provides additionally services other than the ones demanded by the Consumer or delivers goods other than spare parts necessary to perform the repair or maintenance works, the Consumer is entitled to withdraw from the agreement in reference to the additional services or goods;
        k) agreement on delivering dailies, periodicals or magazines, with the exception of a subscription agreement;
        l) agreement concluded via a public auction;
        m) agreement on delivering digital contents that are not stored on a physical medium if the provision of service has started with the express consent of the Consumer before the date of withdrawal from the agreement, and after they have been informed by the entrepreneur about losing the right to withdraw from the agreement.
  3. In reference to the applicable legal regulations mentioned in the previous section, the Consumer shall not have the right to withdraw from a remotely concluded agreement mentioned in section 1:
      a) in the scope of selling Tickets if an Event date has been provided;
        b) in the scope of selling Products in the form of audio or video recordings in any form (CD, DVD/Blue-Ray, vinyl records, etc.) delivered in a sealed package if such a package has been opened on delivery.
  4. If the Consumer is entitled to withdraw from the agreement, they can withdraw from the sales agreement by submitting a declaration on withdrawing from the agreement. The declaration can by submitted via the form constituting Appendix No. 1 to the Terms & Conditions. To meet the deadline, it is enough to submit the declaration before the due date to the following address: Knock Out Music Store (former Forum Hotel), ul. Marii Konopnickiej 28, Kraków 30-302, Poland. The Service Provider shall also ensure the possibility of submitting a statement on withdrawal from the agreement electronically via email to:  reklamacje@knockoutmusicstore.pl
  5. In the case of withdrawal from a remotely concluded agreement, the agreement shall be considered not concluded.
  6. In the case of effective withdrawal from the agreement, the Consumer is obliged to immediately return the goods to the Service Provider or to pass them on to a person authorised by the Service Provider, however, not later than within 14 days from the day of withdrawing from the agreement, unless the Service Provider proposes to collect the goods themselves. To meet the deadline, it is enough to send back the goods before the due date. The Consumers shall cover only the direct costs of returning goods, unless the Service Provider has agreed to cover them.
  7. The Service Provider is obliged to make a refund to the Customer of all the payments made by the Customer immediately, no later than within 14 days from the reception of the Consumer’s declaration on withdrawal from the agreement.
  8. The Service Provider shall make the refund in the same manner used by the Consumer to make payments, unless the Consumer expressly agrees to another refund method which is not related to any costs on their part. If the Service Provider has not proposed to collect the goods from the Consumer, they can wait with the refund of the payments made by the Consumer until the goods are returned or until the Consumer has presented proof of returning them, depending on which is earlier. If the Consumer selects a method of delivering the goods other than the least expensive, normal method of delivery offered by the Service Provider, the Service Provider is not obliged to refund the Consumer such additional costs. The Consumer is responsible for the decrease of value resulting from using the goods in a way exceeding the necessary steps to assert their nature, features and functioning.

 

§7.
COMPLAINTS

  1. The Service Provider is obliged to provide to the Consumer goods free of defects, and they are responsible to the Consumer if goods have physical or legal defects. Only Consumer are entitled to complaints, and warranty responsibility of the Service Provider for the defects to a Customer other than a Consumer as defined by legal regulations is excluded. 
  2. Complaints can be submitted:
      a) electronically to email address: reklamacje@knockoutmusicstore.pl
        b) in writing to address: Knock Out Music Store (former Forum Hotel), ul. Marii Konopnickiej 28, Kraków 30-302, Poland
  3. In order to ensure a more effective complaint procedure, it is recommended that the Consumer, along with the complaint including contact details, submits the following: proof of purchase, description with as much information on the reasons and circumstances of identifying irregularities as possible, the type of such irregularities, and specified Consumer demands, i.e. the expected result of processing the complaint. The requirements provided in this section are only recommendations and do not impact the effectiveness of complaints lodged without following the recommended complaint description.
  4. The complaint procedure applies to respectively to the services provided electronically by the Service Provider.
  5. The Service Provider shall process complaints immediately, and finish not later than within 14 days from receiving a complaint. If the Consumer demands an exchange of the Product or a removal of a defect, or they have submitted a statement on reducing the price, providing the amount by which the price should be reduced, and the Service Provider has not addressed this demand within fourteen days, such a demand shall be deemed to have been accepted as justified.
  6. The Consumer can use extrajudicial methods of processing complaints and satisfying claims by addressing specifically:
      a) Voivodeship Trade Inspector with an application for the initiation of mediation proceedings regarding amicable settlement of a dispute between the Consumer and the Service Provider;
        b) permanent amicable consumer court attached to the Voivodeship Trade Inspector with an application for the settlement of a dispute resulting from the concluded Agreement,
        c) poviat (city) consumer ombudsman or a social organisation, the statute tasks of which include consumer protection.
  7. The application of extrajudicial methods of processing complaints and satisfying claims is voluntary, and it is possible after finishing the complaint procedure, and both parties need to consent to such proceedings.
  8. Detailed information on extrajudicial methods of considering complaints and asserting claims, as well as the rules of accessing these procedures are available in the seats and on websites of poviat (city) consumer ombudsmen, social organisations, the statute tasks of which include protecting consumers, Voivodeship Trade Inspection Inspectorates, and on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl. 

 

§8.
PRIVACY POLICY

  1. The Personal Data Controller of the Customers is the Service Provider, address: ul. Józefa Chełmońskiego 130L lok. 11, 31-340 Kraków, entered in the Central Registration and Information on Business of the Republic of Poland kept by the Minister of Economy, NIP (Tax ID No.): 6772280971, REGON (National Business Registry No.): 120675989, email: info@knockoutmusicstore.pl, hereinafter referred to in this section: the “Personal Data Controller.”
  2. The Personal Data Controller appointed a Data Protection Officer (person responsible for the correct processing of personal data). The Officer’s contact details: email: iod@knockoutprod.net or in written form to the address of the Personal Data Controller: Knock Out Music Store (former Forum Hotel), ul. Marii Konopnickiej 28, Kraków 30-302, Poland.
  3. The Customers’ personal data can be processed for the following purposes:
      a) to conclude an agreement with the Customer and to perform this agreement (the legal basis for processing is the necessity to perform the agreement the Customer is a party to, or to take actions at the Customer’s request before the conclusion of the agreement,
        b) for analytical purposes, i.e. to select the Personal Data Controller’s services appropriate to the needs of the Customers, to optimise such services based on the course of the sales and post-sales service (the legal basis for processing is the Personal Data Controller’s legally justified interest),
        c) for archiving to secure the information in the case of a legal requirement to prove facts (the legal basis for processing is the Personal Data Controller’s legally justified interest),
        d) to check Customer satisfaction and to verify the quality of services (the legal basis for  processing is the Personal Data Controller’s legally justified interest),
        e) to conduct direct marketing (the legal basis for processing is the Personal Data Controller’s legally justified interest),
        f) to fulfil the legal obligation of the Personal Data Controller, e.g. related to accounting (the legal basis for processing is the necessity to fulfil the legal obligation of the Personal Data Controller).
  4. The Personal Data Controller can share the Customers’ personal data with the following categories of entities:
      a) employees authorised by the Personal Data Controller,
        b) the Personal Data Controller’s contractors, i.e. entities, whose services are used by the Personal Data Controller for processing data, who, depending on the nature of collaboration, can also be independent data controllers,
        c) vendors responsible for servicing IT systems,
        d) entities like banks or payment operators, who service the ordering process,
        e) entities providing accounting, legal, auditing, consulting services to the Service Provider,
        f) courier and postal companies delivering parcels to the Customer,
        g) entities or bodies entitled by law.
  5. The period of processing Customers’ personal data depends on the goal of processing data, therefore:
      a) the Personal Data Controller shall process personal data until the expiry of the statute of limitations of potential claims resulting from the agreement,
        b) personal data obtained for marketing purposes, in the case of consent-based data processing – until the Customer withdraws the consent for processing the data for this purpose, and if the data is processed on the basis of a legally justified interest – until the end of marketing campaigns or until an objection is lodged,
        c) until the Personal Data Controller is no longer legally obliged to process personal data.
  6. The Personal Data Controller uses automated decision-making systems, therefore, the Personal Data Controller can automatically adjust certain marketing content to Customers’ needs, i.e. perform profiling based on the data in their possession, e.g. by analysing which products are purchased by the Customer. Based on this information, the Personal Data Controller assigns the Customer a profile from the perspective of offering them products or services, or the services of our partners. The decisions made in this automated manner impact the selection of products or services offered to the Customer. Automated decision-making takes place on the basis of the Customer’s consent.
  7. The Customer is entitled to:
      a) demand access to their personal data to correct it,
        b) remove their personal data,
        c) restrict processing of their personal data,
        d) lodge an objection to further processing of personal data,
        e) transfer personal data.
  8. If the Customer’s personal data is being processed based on a consent, the Customer is entitled to withdraw such a consent at any time. The withdrawal of consent shall not affect the lawfulness of processing data, which had been performed on the basis of the consent before its withdrawal. If the Customer thinks that their personal data is processed illegally, they are entitled to lodge a complaint with a supervisory authority of the President of the Personal Data Protection Office or a different competent supervisory authority.
  9. The Customer provides personal data voluntarily, however, failure to provide certain personal data (identity, address details, email address) may prevent the Personal Data Controller from the provision of services electronically to the Customer or prevent the Customer from placing an Order. 
  10. The Personal Data Controller shall provide appropriate technical and organisational means ensuring security of personal data provided by Customers, specifically enabling access to it to third parties or processing it in violation of legal regulations, preventing data loss, damage, or destruction.
  11. When visiting the Store, the following data of the Users are being recorded: IP address. This data does not allow to identify the User. It is not used to process or store personal data.
  12. In order to adjust the Store to the individual needs of the Customers, the Store uses cookies, i.e. small text files saved and stored on the devices used by the Customer to visit the Store. Cookies do not record personal data or confidential information on the Customer’s device.
  13. The Store uses the following cookies:
      a) session cookies – related to the Customer’s activity during a given browser session and they are deleted after closing it,
      b) permanent cookies – stored in the Customer’s device and activated on visiting the Store’s website.
    The information obtained in this way are used only for technical purposes related to server administration and for statistical purposes. Cookies are used to facilitate the Customers’ use of the Store, e.g. by storing the provided information, so that the Customer does not need to re-enter it on their next visit, and they are also used to adjust advertisements to the Customer’s preferences.
  14. The Store uses cookies to:
      a) create anonymous statistics allowing to optimise the usefulness of the platform,
      b) maintain the Customer’s session,
        c) adjust page content to the Customer’s preferences,
        d) ensure data security,
        e) combine features of the platform with other external services used by the Customer.
    The Customer can turn off the option to accept cookies at any time by changing browser settings, however, this can impede or prevent from using certain services.
  15. Plug-ins to Facebook available at www.facebook.com (designated with Facebook logo) have been integrated with the Store. If a Customer presses the plug-in button in the Store, they will be connected directly to Facebook server. As a result, Facebook will be able to follow the Customer’s visit in the Store or on the Store’s Facebook fanpage if the Customer has a Facebook account. Personal Data Controller has no influence over the manner of transferring information. Detailed information on this topic is available at: pl-pl.facebook.com/policy.php
  16. Plug-ins to Instagram available at www.instagram.com (designated with the Instagram logo) have been integrated with the Store. If a Customer presses the plug-in button in the Store, they will be connected directly to Instagram server, and, as a result, Instagram may be able to follow the visit in the Store. Personal Data Controller has no influence over the manner of transferring information. Detailed information on this topic is available at: https://help.instagram.com/155833707900388

 

§ 9.
FINAL PROVISIONS

  1. The Terms & Conditions enter into force on 02/07/2021.
  2. The Terms & Conditions can be amended in the following cases:
      a) change of legal regulations directly impacting the contents of the Terms & Conditions, including specifically: regulating the sales of Products or regulating the electronic provision of services by the Service Provider, the mutual rights and obligations of the Customer and the Service Provider, or changing the interpretation of the aforementioned legal regulations as a result of judicial rulings, decisions, injunctions or recommendations appropriate in a given scope of offices or bodies;
        b) the levy of certain obligations by state offices resulting in a situation in which the lack of amendments to the Terms & Conditions leads to non-performance of obligations by the Service Provider;
        c) improvement of the Store’s and Customer service’s operations;
        d) improvement of Customers’ privacy protection;
        e) editorial changes of the Terms & Conditions;
        f) change of the manner of providing services due to purely technical or technological reasons (specifically updating the technical requirements indicated in these Terms & Conditions);
        g) change of the scope of providing the services to which the Terms & Conditions apply by implementing new functionalities or services covered by the Terms & Conditions, modifying or withdrawing them;
        h) introduction of new Products or services to the Store, which requires the Terms & Conditions adapted to the type of such Products or their characteristics and properties;
        i) to remove the provisions of the Terms & Conditions that do not follow the current legal regulations in this scope, including specifically the provisions violating the rights of Customers.
  3. The Customers shall be informed about any amendment of the Terms & Conditions in advance by publishing information about amending the Terms & Conditions on the Store’s website, including the date of the Terms & Conditions amendments entering into force. This information shall be available in the Store for 14 calendar days. In the case of Customers who have the Account, they will be informed about amending the Terms & Conditions via message sent to the Customer’s email address. The Customers who have the Account are entitled to terminate the agreement within 14 days from the day of notification of The Terms & Conditions amendment. The notice period in the case of such a termination is 30 days. 
  4. The Terms & Conditions amendment has no impact on the sales agreements concluded by and between the Customer with the Service Provider before the Terms & Conditions amendment.
  5. In the cases not regulated by the Terms & Conditions, general legal regulations shall apply. 
  6. Changing website addresses, email addresses, telephone numbers indicated in the Terms & Conditions does not constitute an amendment of the Terms & Conditions. Customers are notified via email about such changes, and such an information is also published on the Stores’

 

 

APPENDICES: 

APPENDIX NO. 1
TEMPLATE OF DECLARATION OF WITHDRAWAL
TEMPLATE OF AGREEMENT WITHDRAWAL FORM
(this form should be filled out and sent back only if you wish to withdraw from the agreement and if legal bases for a such withdrawal exist)

Customer Details
Full name: ________________________
Address:     ________________________
________________________
Email: ________________________ 

Knock Out Music Store (former Forum Hotel)
   ul. Marii Konopnickiej 28, Kraków 30-302, Poland

 

I/We (*) hereby inform that I/we withdraw from the sales agreement covering the following items (*):

Order date:         ___________________
Order no.:     ___________________
Product collection date:     ___________________
Full name(s) of Consumer(s): ___________________
Address(es) of Consumer(s): _________________________________________________________________

 

_____________________

Date

 

_____________________

Signature(s) of Consumer(s)

(only if the form is submitted in paper version)

(*) Cross out as applicable.