Terms and conditions of the www.cmd.pl online store

The online store at www.cmd.pl is operated by CMD Classical Music Distribution s.c., ul. Zielonogórska 6, 45-323 Opole, Poland.

Our privacy policy

Personal data information notice

TERMS AND CONDITIONS

1. The online store at www.cmd.pl is operated by CMD Classical Music Distribution s.c., ul. Zielonogórska 6, 45-323 Opole, entered in the business register by the Mayor of Opole under numbers 29123 and 29125 and by the Head of Chrząstowice Commune under number 889/2008, tax ID NIP 754-027-09-42, REGON 530585384, hereinafter the SELLER.

2. The SELLER makes every effort to ensure that the terms of sale through www.cmd.pl define consumers' rights and obligations in accordance with good practice and with due regard to their interests.

3. A person ordering from the online store www.cmd.pl hereinafter the CUSTOMER, should read these terms and conditions.

I. Order fulfilment, payment and delivery

1. The online store sells goods via www.cmd.pl where orders can be placed. The subject of an order is also referred to as the PRODUCT. The PRODUCT catalogue is available at www.cmd.pl and includes audio and video recordings in various formats, as well as books.

2. The CUSTOMER places an order by choosing PRODUCTS and adding them to the shopping cart. Order confirmation and an order number are sent to the email address provided by the CUSTOMER when placing the order.

3. The CUSTOMER receives confirmation that the order has been dispatched from the SELLER's warehouse at the email address chosen by the CUSTOMER.

4. The CUSTOMER may choose from the delivery methods listed at www.cmd.pl.

5. PRODUCTS are delivered by the method selected by the CUSTOMER. Costs are specified in the price list at: http://www.cmd.pl . Ordered PRODUCTS are delivered by a professional carrier. The CUSTOMER may also collect the PRODUCT in person.

6. Payment methods and procedures depend on the delivery option selected by the CUSTOMER. Payment may be made in advance or on receipt. Details are available here: http://www.cmd.pl . Orders may be paid for on receipt or by bank transfer.

7. A fiscal receipt or invoice is issued for every order and delivered to the CUSTOMER with the PRODUCT.

8. Promotional sales organised by the SELLER at www.cmd.pl cover a limited quantity of PRODUCTS for a specified period. Promotional orders are fulfilled in the order received until stocks run out or the promotion ends.

II. Changes to orders

1. After finally confirming an order, the CUSTOMER is entitled to modify it independently.

2. The CUSTOMER may cancel an order in full or in part at any time before it is dispatched.

III. Prices

1. PRODUCT prices are quoted in Polish zloty and include tax. The prices shown beside PRODUCTS do not include shipping information, as the total order value is displayed CLEARLY AND UNAMBIGUOUSLY after the CUSTOMER selects delivery and payment methods. Before confirming the order, the CUSTOMER may check delivery costs at http://www.cmd.pl.

IV. Order fulfilment time

1. The standard dispatch time is one to five working days, Monday to Friday, counted from the order date.

2. If an item is temporarily unavailable, delivery may take 3–4 weeks, particularly for less common labels and titles. We apologise in advance for delays and ask for your patience.

V. Withdrawal from the contract

1. Under Article 27 of the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws of 24 June 2014, item 827), a CUSTOMER who concluded a distance contract may withdraw within 14 days without giving reasons or incurring costs. However, if the CUSTOMER chose a delivery method other than the cheapest standard delivery offered by the SELLER, the SELLER is not obliged to refund the additional costs.

2. The withdrawal period starts when the CUSTOMER or a third party designated by the CUSTOMER, other than the carrier, takes possession of the PRODUCT.

3. To withdraw, the CUSTOMER must inform the SELLER by an unequivocal statement. The CUSTOMER may use the model withdrawal form below these terms, but this is not obligatory.

4. If the CUSTOMER paid in cash, we suggest including the bank account for the refund in the withdrawal statement.

5. Withdrawal may cover all or some of the PRODUCTS in the order.

6. Sending the withdrawal statement before the deadline is sufficient to meet the withdrawal period.

7. The SELLER accepts an electronic withdrawal statement by emailing a scanned declaration to: cmd@cmd.pl The withdrawal statement may also be posted to CMD, ul. Zielonogórska 6, 45-323 Opole, Poland.

8. Following withdrawal as described above, the contract is deemed not to have been concluded.

9. The SELLER refunds all payments, including delivery costs, without delay and no later than 14 days after receiving the CUSTOMER's withdrawal statement and the goods. The SELLER may withhold reimbursement until receiving the goods or proof that they have been sent back, whichever occurs first.

10. The CUSTOMER bears all direct return costs, including packaging, protection and postage.

11. The SELLER refunds payment using the same payment method as the CUSTOMER. A CUSTOMER who paid on delivery should agree to reimbursement to the bank account stated in the withdrawal declaration.

12. The CUSTOMER must return the PRODUCT by shipment to the SELLER's premises.

13. The CUSTOMER is liable for diminished PRODUCT value resulting from handling beyond what is necessary to establish its nature, characteristics and functioning.

14. The CUSTOMER has no right of withdrawal for sealed audio or video recordings or computer software if the seal has been broken after delivery.

VI. Complaints about defective PRODUCTS

1. The SELLER is obliged to supply PRODUCTS free of defects.

2. Complaints about defective PRODUCTS are considered under the Polish Civil Code Act of 23 April 1964 (consolidated text, Journal of Laws 2014, item 121), including Articles 556–576.

3. The CUSTOMER may make a statutory warranty claim for defective consumer goods. Defects may be physical or legal.
A physical defect means non-conformity with the contract, particularly when the item (i) lacks properties normally expected of such products, (ii) lacks properties promised by the seller or advertising, (iii) is unsuitable for a purpose communicated to the seller, or (iv) was supplied incomplete.
A legal defect may arise when the goods (i) belong to a third party, (ii) are subject to third-party rights, or (iii) are subject to restrictions on use or disposal imposed by a competent authority.

4. In the event of a defect, the CUSTOMER may make a statutory warranty claim and request one of four remedies:
a) replacement with new goods;
b) repair;
c) a price reduction;
d) withdrawal from the contract, if the defect is significant.

5. The CUSTOMER chooses the remedy. Under certain conditions, the SELLER may propose a different solution, taking account of:
a) the ease and speed of replacement or repair;
b) whether the defect is significant;
c) whether the goods have already been the subject of a complaint.

6. If the CUSTOMER requests replacement or repair, the SELLER may refuse if the requested option:
a) would be impossible for the SELLER,
or
b) would involve excessive costs compared with the other available remedy.

7. The SELLER may propose another solution. The CUSTOMER may change the request and seek another remedy, namely a price reduction or withdrawal from the contract.

8. The SELLER must replace the goods or remedy the defect within a reasonable time, no longer than 14 calendar days. If this deadline is missed, the CUSTOMER may set a further deadline. If the SELLER still fails to act, the CUSTOMER may withdraw or request a price reduction.

9. The SELLER is liable for defects found within two years of delivery. During the first year, the defect or its cause is presumed to have existed at sale; the SELLER must prove that the CUSTOMER caused it. For defects noticed between the twelfth and twenty-fourth month, the CUSTOMER should show that the defect existed at purchase.

10. Complaints may be submitted in any form; writing is safest for evidential purposes. Describe the defect and the requested statutory warranty remedy. Deliver the complaint to the SELLER personally, obtaining confirmation on a copy, send it by registered post with acknowledgement of receipt, or email it to cmd@cmd.pl

11. If the CUSTOMER's complaint requests:
a) repair,
b) replacement,
c) a price reduction,
the SELLER must consider the complaint within 14 calendar days of submission.
If this deadline is missed, the complaint is deemed justified.

12. Return the PRODUCTS with the reason for the complaint to CMD, ul. Zielonogórska 6, 45-323 Opole, Poland, marked REKLAMACJA.

13. In connection with a complaint, the CUSTOMER may request reimbursement of contract conclusion, collection, transport, storage and insurance costs, and expenditure from which the CUSTOMER derived no benefit.

VII. Comments and reviews

1. The online store at www.cmd.pl allows comments and reviews to be posted.

2. Only registered users who are signed in may post comments and reviews at www.cmd.pl.

3. Comments and reviews must not contain unlawful content. Otherwise, the SELLER will remove them.

VIII. Personal data — privacy policy

CMD Classical Music Distribution respects the privacy of its customers and users. Our privacy policy below sets out the rules for collecting, processing and protecting data.

Personal data provided to us is processed by CMD Classical Music Distribution, ul. Zielonogórska 6, 45-323 Opole, to fulfil online store tasks, including order processing and sending email newsletters.

Personal data is stored and protected in accordance with the rules laid down by:

The Polish Personal Data Protection Act of 29 August 1997 (consolidated text, Journal of Laws 2002 No. 101, item 926, as amended).
The Polish Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).
The Regulation of the Polish Minister of Internal Affairs and Administration of 29 April 2004 on documentation of personal data processing and the technical and organisational conditions for equipment and IT systems used for processing personal data (Journal of Laws No. 100, item 1024).

Every customer has the right to modify, correct or delete their personal data.

Personal data is not shared with other entities for marketing purposes.

This privacy policy may be changed at any time. Users who do not accept changes may stop using the website or ask the administrator to delete their account.

When exercising the right of withdrawal, the CUSTOMER may provide a bank account number for the refund.

X. Terms for electronic services provided through www.cmd.pl

1. The www.cmd.pl website is administered and edited by CMD Classical Music Distribution s.c., ul. Zielonogórska 6, 45-323 Opole, registered by the Mayor of Opole under numbers 29123 and 29125 and by the Head of Chrząstowice Commune under number 889/2008, NIP 754-027-09-42, REGON 530585384, hereinafter also the ADMINISTRATOR.

2. The website enables CUSTOMERS to purchase goods offered by the SELLER.

3. The CUSTOMER must respect copyright in website materials under the Polish Copyright and Related Rights Act of 4 February 1994. 4. Access to some website functions requires prior registration and signing in on each occasion.

4. Use of the website's functions is voluntary.

5. Registration on the website is free of charge.

6. The CUSTOMER must not post unlawful content, incitement to racial, religious or ethnic hatred, content promoting violence, or material generally considered morally reprehensible, socially inappropriate or contrary to etiquette.

7. Orders can be placed through the website only if the CUSTOMER's IT system meets the minimum technical requirements.

8. The SELLER uses cookies to collect information about the CUSTOMER's use of cmd.pl, enabling:
a) remembering the CUSTOMER's login and other related data,
b) maintaining the CUSTOMER's session,
c) adapting cmd.pl to CUSTOMERS' needs,
d) stable and secure operation of the online store,
e) compiling page-view statistics for www.cmd.pl.

10. The online store www.cmd.pl uses cookies to ensure security and high-quality customer service. The CUSTOMER may change cookie storage and access settings at any time through browser settings or service configuration.

11. Complaints about the website's operation or comments, and reports of breaches of these terms, should be emailed to: cmd@cmd.pl or posted to CMD, ul. Zielonogórska 6, 45-323 Opole, Poland.

12. The ADMINISTRATOR considers complaints received electronically or by post. A response is sent within 14 days of receipt to the address specified in the complaint.

13. Either party may terminate the electronic services agreement referred to in these terms on fourteen days' notice. Notice is given by email. The CUSTOMER sends notice to cmd@cmd.pl . The SELLER sends notice to the CUSTOMER's email address. Orders for PRODUCTS placed before termination remain subject to these terms.

XI. Changes to the terms and conditions

1. CUSTOMERS will be informed of changes to these terms through the website www.cmd.pl.

Terms and conditions dated 15 September 2017.

Model withdrawal form

Place, date

Consumer's full name

Consumer's address ...................................................................................................

Email address

Telephone number: ....................................................................

Order number: ...............................................................

Date of receipt: ..................................................

TO:

CMD Classical Music Distribution s.c.

ul. Zielonogórska 6, 45-323 Opole

(marked: withdrawal from the contract)

Declaration of withdrawal from a distance contract

I hereby give notice that I withdraw from the contract of sale of the following goods:

................................

Bank account number for reimbursement:

Account holder:

Signature of consumer(s)

COOKIE POLICY

The www.cmd.pl online store uses cookies, small text files saved on the customer's device (computer, tablet, smartphone, etc.), to enable proper use of all store functions. Cookies also help develop the store in line with customer expectations and needs.

Cookies enable:

remembering customer login details and products added to the cart, so login details need not be entered repeatedly,
maintaining the customer session after login, avoiding the need to sign in on every page,
adapting store content to customer interests,
stable and secure operation of the store,
compiling page-view statistics.

The website uses session cookies, stored until the customer signs out or closes the browser, and persistent cookies, stored on the device for a specified period or until deleted.

PLEASE NOTE!

Cookies do not contain data identifying the customer. They do not harm the device or change its settings or those of installed software. Only the server that created a cookie can read its contents.
Customers may change cookie settings at any time through their browser or service configuration, including blocking automatic cookie handling or requesting a notification whenever a cookie is stored. Further information is available in the browser settings. Restricting cookies may affect some online store functions.

The online store also uses partner cookies to personalise advertising and measure its results.

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