For the purposes of the Regulations the following terms shall have the meaning set forth below:
Act on the Provision of Electronic Services – Act on the Provision of Electronic Services of July 18, 2002, as amended
Buyer – both Consumer and Customer
Civil Code – the Civil Code Act of 23 April 1964, as amended
Code of Civil Procedure – the Code of Civil Procedure Act of November 17, 1964, as amended
Code of Good Practices – set of rules of conduct, in particular ethical and professional standards referred to in Article 2. (5) of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended
Complaints address – IceBreaker Anna Barbarska, ul. Adama Branickiego 11/10, 02-972 Warszawa, Poland
Consumer – an adult person with full legal capacity, making the purchase from the Seller which is not in direct relation to their business or professional activity
Consumer Rights Act – the Consumer Rights Act of May 30, 2017, as amended.
Customer – an adult natural person with full legal capacity, legal person or organizational unit without legal personality but having legal capacity, purchasing Goods directly from the Seller in relation to their business or professional activity
Customer Account (Account) – a set of functionalities made available by the Service Provider to the Customer. The Account enables the Customer to access selected Services that are not available to unlogged customers. The account is kept under a unique identifier (Mail), protected by a password (Password)
Defect – Both physical and legal defect
Deliveries Price List – the price list available at https://teacherscorner.pl/en/shipping-and-delivery/, which specifies the available types and cost of shipment
E-mail address (Mail) – electronic mail address that allows communication via electronic means of communication
GDPR – Regulation of the European Parliament and Council EU 2016/679 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
Goods – products offered to the Customer by the Service Provider via the platform at teacherscorner.pl
Legal defect – a situation when the item sold is the property of a third party or is encumbered with a right of a third party, and if a restriction on the exercise or disposing the item is made clear by a decision or judgement by a competent authority.
Moment of goods delivery – the time of handing over the product to the Buyer or any third party that they may indicate
Order – Buyer’s declaration of intent made at the store which clearly specifies: the type and quantity of the products, type of delivery, type of payment, place of delivery, the Buyer’s data, with the direct intention to conclude an agreement between the Buyer and the Seller
Order form – script that is part of the teacherscorner.pl platform, which is used to place an Order by the Customer
Payment – method of payment for the subject matter of the agreement and delivery specified at https://teacherscorner.pl/en/payment/.
Personal Data Protection Act – the Personal Data Protection Act of May 10, 2018
Physical Defect – incompatibility of goods sold under the agreement, in particular if they:
- Have no properties expected of items of their kind in order to serve the purpose indicated in the agreement or arising from circumstances or designation;
- Do not have the properties of which the Service Provider has ensured the Buyer;
- Are not suitable for the intended use of which the Buyer informed the Service Provider at the conclusion of the agreement, and to which the Service Provider did not raise any objections;
- Have been delivered incomplete to the Buyer;
- Have been installed or launched incorrectly by the Service Provider or a third party reporting directly to the Service Provider, or by the Buyer who followed instructions received from the Service Provider;
- Do not have the properties guaranteed by the manufacturer or by the representative thereof, or by a person who markets the goods within the scope of their business activity and a person who, by placing their name, trademark or other distinctive sign on the goods, claims to be the manufacturer, unless The Service Provider has been unaware of these assurances or, judiciously, could not be aware of them or could not influence the Buyer’s decision to conclude the Agreement, or the assurances have been rectified before the conclusion of the Agreement.
Place of Delivery – postal address or pickup point indicated in the Order by the Buyer
Product – the minimal and indivisible unit of items which can be the subject of the agreement, and which is specified in the Seller’s store as a unit of measure by determining the price (price /unit)
Promotional Code – bonus granted to the Customer, expressed as a percentage or value, or in the form of free shipment or a free product
Proof of purchase – invoice or receipt issued in accordance with the Goods and Services Tax Act of 11 March 2004, as amended, and other applicable laws
Regulations – the Regulations hereof
Sales agreement (Agreement) – agreement pertaining to the sales of Goods, as laid down in the Civil Code, concluded between the Service Provider and the Customer by means of the teacherscorner.pl website
Service provider – IceBreaker Anna Barbarska, NIP 1250997940, REGON 146559553, ul. Adama Branickiego 11/10, 02-972 Warsaw
Services – services provided by the Service Provider to the Customer under these Regulations, consisting in ensuring the possibility to use a number of features of the techerscorner.pl website, in particular selling the Goods on the current commercial offer at teacherscorner.pl
Shopping Cart – list of products selected by the Buyer from products offered in the store as based on their choices
Signup – procedure of creating an individual Account by the Customer
Signup Form – the form completed by the Customer when signing up at teacherscorner.pl
Subject of the Agreement – products and delivery of the products subject to Agreement
Subject of the Service – Subject of the agreement
System – a set of IT equipment and software, providing processing and storage, as well as sending and receiving data through telecommunications networks using end device appropriate for the type of network, commonly called the Internet
Working days – days from Monday to Friday, excluding public holidays.
§2 General provisions
- The online store operating at the address www.teacherscorner.pl is run by the Service Provider.
- These Regulations set out the rules for the use of teacherscorner.pl website by the Buyer and the Services offered therein.
- These regulations constitute the regulations referred to in Article 8 of the Act on Providing Services by Electronic Means.
- These regulations shall, in particular, lay down:
- Rules for signup and using an Account as part of teacherscorner.pl,
- Terms and conditions of Orders placed by the Buyer,
- Rules for concluding Agreements for the Sales of Goods.
- The Buyer is obliged to comply with the provisions and terms specified in the Regulations.
- The Website is usable provided that the ICT system used by the Buyer meets the following minimum technical requirements:
- Internet browser version of Internet Explorer 8 or Chrome 16 or Firefox 10 or Opera 11 or Safari 5 or newer, with Java script enabled, accepting “cookies”;
- Internet connection with a bandwidth of at least 256 kbit/s;
- The store’s website is optimised for a minimum screen resolution of 1024 x768 pixels.
- The Agreement between the Buyer and the Service Provider is concluded in Polish or English, in accordance with the Polish law and these Regulations.
- The Place of Delivery must be in the European Union.
- The Service Provider is obliged to provide services and deliver goods free from defects.
- All prices quoted by the Seller are denominated in Polish currency and are gross prices (including VAT). Product prices do not include delivery costs, which are specified in the Delivery Price List.
- The Service Provider shall not provide the Buyer with a guarantee under Article 577 of the Civil Code, but shall inform about guarantees known to him given by third parties for Products available in the store.
- Confirmation, access, recording and securing of all relevant provisions of the Agreement in order to enable access to this information in the future is provided by the following means:
- Confirmation of Order by sending information about the order and about the right to withdraw from Agreement to the e-mail address specified by the Buyer;
- Attaching the printed Proof of Purchase and information about the right to withdraw from Agreement with the Order sent to the Place of Delivery.
- The Seller shall not charge any fees for the communication by means of remote communication, and the Buyer shall bear communication costs resulting from agreements and contracts entered into with third parties who provide them with the particular service that has enabled remote communication.
- The Service Provider complies with the Code of Good Practice.
- Signing up to teacherscorner.pl allows the Buyer to:
- Make purchases at teacherscorner.pl,
- Access history of Customer Orders placed previously,
- Specify the address of the Place of Delivery for items ordered, as well as the data to be presented in the invoice,
- Change the Place of Delivery for the items ordered, as well as the data to be presented in the invoice,
- Subscribing for the newsletter,
- Connect with their social media accounts
- In order to sign up, the Buyer must provide their personal data by completing the Signup Form available at teacherscorner.pl, as well as accepting the Regulations and confirming the Signup.
- At Signup, the Buyer enters their email address, a login and a password. The login and password are a string of characters set by the Buyer who is responsible for keeping them secret and protecting them against unauthorised access by third parties. The Buyer can freely view, correct, update data and delete the account at teacherscorner.pl.
- Accepting the Signup Form is tantamount to submitting by the Buyer a statement that the personal data provided are true and that the Buyer is entitled to this personal data.
- The Buyer is liable for providing personal data that is inconsistent with reality, false or concerning third parties, and not the Buyer.
§4 Conclusion and performance of the Agreement
- Orders can be placed 24 hours a day.
- To place an Order the Buyer should do at least the following steps, some of which may be reiterated:
- Log in to the personal account created at Signup,
- Add a product to the cart,
- Select delivery type,
- Select the type of payment;
- Select place of delivery,
- Place the Order in the store by using the “Order” button.
- Conclusion of Agreement with a Consumer occurs at the moment of placing the Order.
- Carrying out of the Consumer’s Order payable on delivery shall take place immediately, Orders payable by bank transfer or via electronic payment systems shall be carried out after the Consumer’s payment is credited to the Service Provider’s account, which should take place within 7 days of placing the order, unless the Consumer failed to effect the payment, and informed the Service Provider thereof.
- Agreement with the Customer is concluded upon acceptance of the Order by the Service Provider, of which the Customer shall be notified within 2 business days of placing the Order.
- Carrying out of Customer orders may be dependent on the effective payment either of the whole or part of the value of an Agreement or being granted a trade credit limit not lower than the Agreement amount, or the Seller consenting to send the Order for cash on delivery (paid upon receipt).
- The Subject of the Agreement shall be dispatched within 5 business days of processing of the Order.
- The Subject of the Agreement shall be dispatched together with a sales document selected by the Buyer, by means of the type of delivery selected by the Buyer, and to the Place of Delivery indicated by the Buyer, with attachments referred to in §2 point 12b herein.
- The Service Provider shall carry out the Order in accordance with the information indicated in the Order Form
- The Service Provider shall deliver the Order according to the deadline specified at the stage of placing the Order.
- For reasons beyond the control of the Service Provider, the delivery deadlines specified in item 11 above may be extended.
- In such an event, the Service Provider shall notify the Buyer immediately of the reason for the extension of the delivery date and specify approximate delivery date.
- The Buyer is entitled not to accept such date and to withdraw from the Agreement. In such an event, neither party shall make any claims against the other.
- The Service Provider shall process the Order within a maximum of 7 Working Days, with the proviso that in the event of a temporary undersupply of the Goods ordered, completion time may be extended, but it will not exceed thirty days from the date of placing the Order.
- In the event where the Service Provider is not able to pick the entire Order, the Buyer has the right to choose whether to complete the Order only in part or withdraw from the Order entirely.
§5 Pricing, discount and availability policy
- All prices quoted at teacherscorner.pl are presented either in Polish Zloty (PLN) or Euro (EUR).
- The prices quoted at teacherscorner.pl include a generally applicable discount, which may be of different amounts for different Goods.
- All discounts, rebates, promotions are calculated on the catalog prices in force at teacherscorner.pl, unless stated otherwise.
- All discounts, rebates and promotions are non cumulative, unless stated otherwise.
- If, at the time of placing the Order using the Promotional Code, there is a higher discount for selected items than the Promotional Code, a discount more favorable to the Buyer will be granted.
- The Promotional Code covers the articles indicated in the description of the given promotional action.
- The price of each of the Goods at the time of placing the order is binding and final.
- The prices of the Goods do not include delivery costs.
- teacherscorner.pl reserves the right to:
- modify prices of Goods
- modify delivery costs
- introduce new Goods to the offer
- start promotional campaigns and cancel them with no prior notice
- modify promotional campaigns
- make any changes in order to improve the functionality of teacherscorner.pl
- The provisions of items 9a, 9b above do not apply to successfully placed Orders. In the case of successfully placed Orders, the price given next to the Good is binding at the time the Buyer places the Order.
- Availability specified on the website applies to one piece of a product.
§6 Payment of the price
- Payments for Orders, including the price and delivery costs, are made using payment tools available at teacherscorner.pl and according to the terms specified by the Service Provider.
- Payment tools vary for different forms of transport.
- The Service Provider provides the following payment tools:
- Transfer, Bank prepayment to the Service Provider’s account – payment made to the account number specified in the e-mail sent after placing the Order; the Buyer orders transfer via the Internet, at the bank or at the post office. The payment booking process takes up to 24 hours from sending the transfer on Working Days. If the Order has been processed before the payment is credited, we will wait for the inflow of funds to our account, and only then complete the Order. Should it be impossible to identify and match an order number to a transfer, the Seller shall return the deposited amount to the bank account from which the transfer was granted, thereby canceling the Order. The Service Provider does not accept transfer confirmations. The title of the transfer should only contain the Order number. Otherwise, the Order may be delayed.
- Electronic transfer via Przelewy24.pl
- Payment by credit card via Przelewy24.pl
- Payment by PayPal – payment made to firstname.lastname@example.org
- Online payments at teacherscorner.pl are made either via Przelewy24.pl or PayPal. The payment operators are respectively: PayPro SA ul. Kanclerska 15, 60-327 Poznań, Tax Identification VAT (NIP) 779-236-98-87, REGON 301345068, District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Department. Commercial Register of the National Court Register No. KRS 0000347935 or via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
- Orders not paid (except for “Cash on delivery”) by the Buyer within 4 working days of placing the Order will be cancelled automatically.
- The date of payment is the date of crediting the Service Provider’s bank account.
- In the event of failure to pay the full price within this specified date, the Seller may cancel the Order of the Buyer, of which the Buyer shall be notified. If the Buyer has paid part of the price, the Service Provider will refund the entire amount paid.
- If the Order number is not provided in the transfer title, the Service Provider shall attempt to determine the Order number, in particular, by attempting to contact the Buyer.
§7 Right to withdraw from the Agreement
- Under Article 27 of the Consumer Law, the Consumer is entitled to withdraw from a distance Agreement, without giving a reason and without incurring costs, except for the costs specified in Article 33, Article 34 of Consumer Law.
- The maximum withdrawal date from a distance Agreement is 14 days from the date of delivery of goods and to meet the deadline it is enough to send a statement before its expiry.
- The Consumer may submit a declaration of withdrawal from the Agreement using the form, attached as appendix 2 to the Consumer Law, on the form available at https://teacherscorner.pl/en/returns/ or in another written form consistent with the Consumer Law.
- The Service Provider excludes the possibility of submitting a statement of withdrawal from the Agreement in a form other than in writing.
- The Seller shall immediately confirm having received the declaration of withdrawal by emailing the Consumer to the email address provided at the conclusion of the Agreement or other if specified in the declaration.
- In the event of cancellation of the Agreement, the Agreement shall be considered null and void.
- The Consumer is required to return the products immediately, but not later than 14 days of the date of their withdrawal from the Agreement. To comply with this deadline it is enough to return the items before its expiry.
- The Consumer sends items which are the subject of the Agreement, from which they withdrew at their own expense and risk.
- The Consumer does not bear the costs of providing digital content that is not saved on a tangible medium, if they did not agree to the performance of the service before the deadline to withdraw from the Agreement or was not informed about loss of right to withdraw from the Agreement at the time of granting such consent or the Seller failed to send confirmation in accordance with Article 15(1) and Article 21(1). 1. of Consumer Law.
- The Consumer is responsible for any reduction in value of the property which is the subject of the Agreement as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of items.
- The Seller shall promptly, but not later than 14 days of the date of receiving the notice of withdrawal from the Agreement made by the Consumer, return the Consumer all payments made, including the cost of delivery of the goods, and if the Consumer has selected delivery method other than the cheapest normal delivery offered by the Seller, the Seller shall not return the extra cost to the Consumer in accordance with Article 33 of Consumer Law.
- The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another payment method that does not expose them to additional costs.
- The Seller may withhold the refund of the payment received from the Consumer until the date of receiving the item back or delivering by the Consumer evidence of its return, depending on which event occurs first.
- Pursuant to Article 38 of Consumer Law, the Consumer is not entitled to withdraw from the Agreement:
- When the price or remuneration is determined by fluctuations in the financial market over which the Seller does not exercise control and which may occur prior to the expiration of the period for withdrawal from the Agreement;
- When the subject of the Agreement is not a standard product but a product manufactured according to the Customer’s specifications or to meet their individual needs,
- When the subject of the Agreement is the provision of a rapidly decaying product or a product having a short shelf life;
- When the subject of the Agreement is a product delivered in a sealed packaging, which cannot be returned after opening the packaging for health protection or hygienic reasons, and if the packaging has been opened after the delivery;
- When the subject of the Agreement is a product which, because of its nature, is inextricably connected to other items fter delivery;
- When the subject of the Agreement consists of sound or visual recordings or computer software delivered in a sealed package, and if the package has been opened after the delivery;
- Concerning digital content that is not stored on a tangible medium if the performance has begun with the express consent of the Consumer before the deadline to withdraw from the Agreement and after informing them by the trader about the loss of the right of withdrawal;
- Concerning supply of newspapers, periodicals, and magazines, with the exception of subscription Agreement,
- Pursuant to art. 558§1 of the Civil Code, the service provider is released from the responsibility to Customers for physical and legal defects (warranty).
- The Service Provider is liable to the Consumer for defects (warranty) on the principles set out in Article 556 of the Civil code as amended.
- For Agreements with a Consumers, if a physical defect has been found within one year from the date of delivery of goods, it is assumed that it existed at the time.
- If the item sold has a defect, the Consumer, may:
- Request price reduction;
- Withdraw from the Agreement;
- Items 4a and 4b are not applicable if the Service Provider immediately and without undue inconvenience for the Consumer replaces the defective item with a non-defective one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has met the obligation to replace the item with one free from defects or to remedy the defect, the Consumer is not entitled to have the item replaced or the defect removed.
- The Consumer may, instead of removal of defects offered by the Seller, demand replacement of items with ones free from defects or, instead of replacing items, require removal of defects, unless bringing items into conformity with the Agreement in a manner selected by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller, whereby the assessment of these costs takes into account value of the Goods free of defects, the nature and importance of the defects, as well as the inconvenience which the Consumer would otherwise meet.
- The Consumer may not withdraw from the Agreement if the defect is irrelevant.
- If the item sold has a defect, the Consumer, may:
- demand replacement of the item with one free of defects;
- b. request removal of the defect.
- The Seller is obliged to replace the defective item as free from defects or rectify the defect within a reasonable time without undue inconvenience to the Consumer.
- The Seller may refuse to satisfy the Consumer’s demand if bringing items flawed into conformity with the Agreement in a manner selected by the buyer is impossible or would require excessive costs as compared to other possible ways to ensure compliance with the Agreement.
- In the event when the item defective has been fitted, the Consumer may require disassembly and reassembly after the replacement of the goods free from defects or defect removal, but is obliged to bear part of the costs involved in excess of the price of the goods sold or may require the Seller to pay part of the costs of dismantling and reassembly, to the price of the goods sold. Should the Service Provider fail to meet the obligation, the Consumer is entitled to carry out these activities at the expense and risk of the Service Provider.
- The Consumer who shall exercise the powers under warranty, is obliged to deliver the defective item to the Complaints Address at the Seller’s expense, and if due to the nature of items or the way of installing, delivery by the Consumer poses excessive difficulty, the Consumer is obliged to provide access to the item wherever it is located. Should the Service Provider fail to meet the obligation, the Consumer is entitled to carry out these activities at the expense and risk of the Service Provider.
- The cost of replacement or repair shall be borne by the Service Provider, except for the situation provided for in §8 item 10.
- The Service Provider shall be obliged to accept the Consumer’s defected item while replacing it for one free from defects or in the event of withdrawal from Agreement.
- The Service Provider will respond to the following within fourteen days:
- request to reduce the price;
- withdrawal from the Agreement;
- demand to replace the item with one free of defects;
- request to remove the defect.
- If the Service Provider does not respond to the Consumer’s requests within 14 days, the Consumer’s demand or request shall be considered as recognised.
- The Service Provider is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of sale is the item used within one year from the moment of delivery of the item to the Consumer.
- The Consumer’s claim for the removal of defects or replacement of item sold for one free from defects expires after one year from the date of discovery of a defect, but not earlier than two years after the release of the item to the Consumer and if the item sold has been used, before the end of the year since the release of item to the Consumer.
- In the event when expiration date of items specified by the Seller or the manufacturer ends later than two years after the release of goods for the Consumer, the Seller is liable under the warranty for physical defects of the items found before that date.
- Under the terms specified in § 5 items 15-17, the Consumer may submit a statement of withdrawal from the Agreement or a demand for price reduction because of the physical defects of the item sold, and if the Consumer demands replacement of the item for one free from defects or remedying the defect, for the deadline to submit a declaration of withdrawal from the Agreement or a demand for price reduction time shall start at ineffective expiry of the deadline for the exchange of item or remedying the defect.
- In the event of an investigation before a court or arbitral tribunal of one of the powers of the warranty, deadlines for executing other powers available to the Consumer in respect thereof, shall be suspended until final completion of the proceedings. Respectively, it shall also apply to mediation proceedings and the time of the execution of any other rights under the warranty to which the Consumer is entitled begins on the date of refusal by the court to accept settlement reached in mediation proceedings or on the date of closing ineffective mediation proceedings.
- Powers under the warranty for legal defects of the goods sold are exercised used §4, items 15-16, except that the time shall begin on the date on which the Consumer becomes aware of the existence of defects, and if the Consumer is aware of the existence of defects only as a result of proceeding by a third party – on the date on which the judgment given in a dispute with a third party becomes final.
- If, due to defects of goods, the Consumer makes a statement of withdrawal or demands reduction of the price, they may claim compensation for the injury suffered by entering into the Agreement not knowing about the existence of defects, even if the damage has resulted from circumstances for which the Seller cannot be held responsible, in particular, may request reimbursement of Agreement costs, costs of pick up, transport, storage and insurance of goods, reimbursement of expenses to the extent to which they have not benefited from them, and have not received reimbursement from a third party or refund of the trial expenses. It complies with the provisions of the obligation to repair the damage on general principles.
- Expiry of the deadline for noticing defects does not exclude the rights under warranty if the Seller fraudulently concealed the defect.
- The Service Provider, if obliged to provide a financial benefit to the Consumer, shall do so without undue delay no later than within the legally prescribed period.
- The administrator of the databases of personal data provided by Consumers is the Service Provider.
- The Service Provider undertakes to protect personal databases in accordance with the GDPR.
§10 Final provisions
- These Regulations shall apply as of 20 August, 2018.
- Nothing in the Regulations is intended to violate the Buyer’s rights. It also cannot be interpreted in this way, since in the event of any incompatibility of any part of the regulations with the applicable law, the Service Provider declares absolute compliance with and application of this law instead of the challenged provision of the Regulations.
- Signed-up Buyers will be notified by e-mail about changes to the Regulations (to the e-mail address provided at Signup or Order). Notification will be sent at least 14 days before entry into force of the new Regulations. Changes shall be introduced in order to adapt the Regulations to the law in force.
- The current version of the Regulations is always available to the Buyer under the Regulations tab (https://teacherscorner.pl/en/regulations/). In the course of the Agreement and throughout the period of the after-sales care, the Buyer is subject to the Regulations he approved when ordering. Except when the Consumer finds it less favourable than the current and informs the Seller about the selection of the current Regulations as applicable.
- The law applicable to the Agreement between the Buyer and the Service Provider, the subject of which is Services provided by the Service Provider under the teacherscorner.pl platform under the conditions set out in these Regulations is the Polish law.
- In matters not regulated by these Regulations, the relevant applicable legal provisions shall apply. Points of disagreement, if the Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection or by equivalent and lawful methods of pre-judicial or extrajudicial resolution of disputes indicated by the Consumer. In the end the matter shall be resolved by the relevant court.