TERMS AND CONDITIONS OF “AGONIA RECORDS” INTERNET STORE

I. General provisions

1. The entrepreneur conducting the Internet store, located under the Internet domain http://
www.agoniarecords.com/, hereinafter referred to as the “Internet Store” Wydawnictwo
AGONIA, ul. Gen. Sikorskiego 6/3, 64-920 Piła, Poland.
2. Contact with the Internet Store is possible via email: info@agoniarecords.com or thephone number +48-668-240-750 from Monday to Friday from 10:00 a.m. to 4:00 p.m.
3. These terms and conditions specify the principles for using the Store, making orders foroffered Products, deliveries of ordered Products, payment terms, the manner of withdrawal
and making complaints of the Products, as well as the other rights and obligations of the
Customers and the Seller.
4. The text of the Terms and Conditions is available in Polish and English language version. The
document of the Terms and Conditions is available in the PDF format, which can be
downloaded, saved and printed.
5. The Customers are obliged to observe the author’s economic rights and the rights resulting
from registration of inventions, patents, trademarks, utility designs, and industrial designs.
6. The Customers are also obliged to refrain from any activity, which could have impact onproper functioning of the Internet Store, in particular, from any interfering with the contentsof the Store’s website and its technical elements, as well as to provide unlawful content.
7. The Seller undertakes to process personal data of the Customers in a safe manner, only forthe purpose of reliable execution of the sales contract concluded remotely. The Privacy
Policy can be found HERE. It is also available at the time of making an order or sent eachtime in e-mail together with a confirmation of the placed order.
8. The Seller observes the Code of Good Practice.
9. The Seller is obliged to deliver the goods, which are subject to the order, without any
defects.
10. The Terms and Conditions specify the principles of providing services electronic means by
the Seller for the Customers, on the basis of which the Customers can create their Accountfree of charge and then conclude sales contracts for products via Internet from theassortment of the Store for the prices provided on adequate Store’s subpage.
11. The contents presented on the Store websites and in particular, announcements,
advertisements, price lists and the other information, do not constitute an offer in theunderstanding of the provisions of the art. 61 and 66 of the Civil Code, but an invitation to
make offers.
12. Prices of products in the Store’s assortment are expressed in the Polish zlotys
and include VAT. The Seller can modify the Store’s assortment, prices of products, conductand cancel promotional actions. The changes have no impact on sales contract for individual
products already concluded with the Customers.

II. Order
1. You can make a purchase in the Store only after registering by the registration form.
2. Creating the Account is equivalent to approving of the Terms and Conditions, which is
confirmed by the adequate declaration made while completing the registration form by aperson, who wants to create the Account.
3. The following Customer data must be provided in the order form: first and last
name/company name, address (street, building/flat number, postal code, city, and country),e-mail address. It is not mandatory to provide a telephone number or a date of birth. It isnecessary to approve the Terms and Conditions and the Privacy Policy to send the form andend the procedure.
4. Special technical conditions must be met by Customer’s computer or the other devices to
use the Store. It is sufficient to: have access to the Internet, have an e-mail and a standard
operational system and the Internet browser. The Customer bears no costs for using themeans of distance communication, apart from the ones which are usually used, for using theStore, as well as while communicating with the Seller to conclude the contract through theStore.
5. The service of creating the Account is free of charge.
6. After creating the Account, the Customer can preview: order execution status and order
history, as well as to conclude sales contracts for the products from the Store.
7. After placing each order, a buyer shall be informed about receiving the order by mail. A
client shall be notified about receiving a payment in the same manner and shall receive
information confirming shipment of goods with the order shipment number. If you have any
questions, please contact us on the e-mail: info@agoniarecords.com
8. Sale of products takes place on the basis of the orders placed through the Account.
9. Orders can be placed by your Account for 7 days a week, 24 hours a day. However,shipment of products and contact with the seller is only possible on working days.

III Shipment

1. Orders are shipped within 4 working days from the day of receiving the payment/from theday of placing the order in the case of choosing cash on delivery.
2. The products are shipped by the Polish Post and a Courier Company chosen by the
Customer.
2. Shipment costs depend on the total weight of the products and the chosen shipment
method. The total costs of the products and shipment is provided to the Customer in theautomatically generated e-mail.
3. Indicative shipment costs depend of the weight of the placed order and can be found on
the store’s website in the “Shipment costs” tab.
4. The costs related to the shipment and the payment method are displayed before placing
an offer by the Customer related to purchasing of the products from the basket.

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5. The precise shipment date is provided in the e-mail confirming order reception. The
orders including one or more articles sold in pre-sale are executed within 4 working days
from the date of physical product availability in the store. The date of their availability
can be changed. The orders are not executed on weekends and holidays. If the
expected time of executing the order is prolonged, the Customer shall immediately be
notified about it.
6. Free shipment is for the orders over Europe - orders over 200 Euros;
North America and Africa - orders over 250 Euros or US$350; South America and Asia orders over 300 Euros or US$400; Australia and New Zealand - orders over 500 Euros or
US$650. The orders with the free shipment option are sent as a economy mail. If you
choose another shipment method, the system calculates differences between economic
shipment and a selected option. It does not relate to cash-on-delivery orders.
7. The Seller shall not be liable for failing to deliver or delay in delivery caused byincorrect or inaccurate address provided by the Customer. The Customer should checkthe condition of the shipment when collecting the shipment with order. In the case of
detecting destruction or breaking of the packaging, in the presence of the courier or apost office employee, you should prepare a damage report, which when sent together
with the claim to the Store shall facilitate its handling.
IV Payments

1. The Seller shall provide the following payments methods for the Customer under theSales Contract:a. Cash on delivery while collecting the shipment,b. Payment by traditional wire transfer to the Seller’s bank account,c. Electronic payments and payments by card via the PayPal* service - possible
present payment methods are specified on the website http://www.paypal.pl2. The Client is obliged to make a payment within 4 working calendar days from the day ofconcluding the Sales Contract, with the reservation of the point 3. In the case of failingto pay within the indicated time limit, the placed order shall be cancelled.
3. In the case the Customer chooses the option cash on delivery, he or she is obliged tomake a payment while collecting the shipment.
4. VAT of 23% is added to the price of products.
5. A receipt or upon Customer’s request, a VAT invoice, is attached to the order.
*When choosing PayPal payment methods, an additional fee of 4.5% of the order value iscollected.
V Claim
1. The Seller is obliged to sell and deliver the products to the Customer without any
physical and legal defects.

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2. The Customer shall be entitled to make a complaint in the case, when the good has aphysical or legal defect (a warranty).
3. The physical defect means that the good is not compliant with the sales contract. In
particular, the product is not compliant with the sales contract, if:a. the good does not have the properties, which the product of this type shouldhave due to the purpose indicated in the sales contract or resulting from thecircumstances or intended use;b. the product does not have the properties, about whose presence the Seller has
ensured;c. the product has been provided for the Customer as incomplete.
4. The Seller shall be liable on a warranty for the physical defects, which have beenpresent
at the time of realising the good for the Customer or the ones, which have resulted fromthe cause related to the product sold at the time of releasing the product for the
Customer.
5. The claims should be submitted in writing to the email address of the Seller
complaint@agoniarecords.com
6. The claim should include: order number (or the other data for its identification),
Customer contact data enabling to reply to the filed claim and da description of theincident, which constitutes the basis for the claim.
7. If the sold product has a defect, the Customer can:a. request to replace the defective product for an object, which is free from any
defects or to remove the defect;b. to submit a statement regarding proportional price reduction or withdrawal fromthe contract, unless the seller replaces the defective product for the one, whichis free from any defects or shall remove the defect immediately and without
excessive inconveniences. This restriction does not apply, if the product has
already been replaced or repaired by the Seller or the Seller has not met the
obligation of replacing the product for the one, which is free from any defects or
to remove the defect.
8. In the case, when it is not possible to replace it for the same product, which is free fromany defects, the Customer shall have a chance to choose an alternative product or his or
her money shall be returned.
9. Instead of removing the defect by the Seller, the Customer can request productreplacement for the one, which is free from any defects or instead of replacing the
product, the Customer can request removing the defect, unless making the productcompliant with the sales contract in the manner chosen by the Customer is not possibleor it could require excessive costs in comparison to the manner proposed by the Seller.
In such a case the money should be returned to the customer.

410. The Seller can refuse to replace the defective product for the one, which is free fromany defects or to remove the defects in the manner proposed by the Customer is notpossible or it could require excessive costs in comparison to the other manner. In such acase the money should be returned to the customer.
11. If the defect is insignificant, the Customer can withdraw from the sales contract, withthe reservation of the point VI.
12. The claims are handled within the time limit of 14 (fourteen) days at the latest from thedate of receiving the claim by the Seller.
13. The Customer, who exercises the right under a warranty, is obliged to deliver thedefective good to the Seller to the following address: Wydawnictwo AGONIA, P. O. Box273, 64 – 920 Piła, at the expense of the Seller. The costs related with sending backthe claimed good by the Customer, the Seller shall return after a positive response to
the claim. When making a claim or returning the claimed product, the Customer
completes the claim document attached to the product, providing the reason for making
the claim of the product in this place.
14. The costs for delivering the product, which is free from any defects are borne by theseller.
15. The Customer has the right to make a claim within 2(two) years from the day of
releasing the product to the Customer. The Customer is obliged to make a claim before
the lapse of 2 months from detecting non-compliance of the consumer product with thecontract.
16. Exercising the entitlements by the Customer, which have been described in this point
does not limit the possibility of taking benefit of the rights resulting from the guarantee.
VI Withdrawal from the contract
1. The Customer has the right to withdraw from the sales contract concluded with theSeller, without providing any reasons, within the time limit of 14 days. The withdrawal
period expires upon the lapse of 14 days, on which you come into possession of theobjects or a third party other than the carrier indicated by the Customer has come intopossession of the objects. The right of withdrawal does not relate to sale, for whichaudio or video recordings or computer software supplied in sealed packaging constitutethe objects of contract performance, if the packaging has been unsealed after delivery.
The products in the form of audio, video recordings and saved on the carriers cannot be
returned after taking their original packaging off (e.g. foil) or a protecting seal.
2. In order to exercise the right to withdraw from the contract, the Customer should notify
the Seller about the decision regarding withdrawal by explicit written statement, which is
submitted or sent via e-mail to the following address: complaint@agoniarecords.com
3. You may use the model withdrawal form, which can be found HERE. However, it is notmandatory.

54. To meet the withdrawal deadline, it is sufficient for the Customer to sendcommunication concerning his or her exercise of the right to withdraw from the contract
before the withdrawal period has expired.
5. In the case of withdrawal from this contract, the Seller shall reimburse the Customer
with all payments received from him or her, including the costs of delivery (with the
exception of the supplementary costs resulting from the Customer’s choice of a type ofdelivery other than the least expensive type of standard delivery offered by the Seller),without undue delay and in any event not later than 14 days from the day on which it isinformed about the Customer’s decision to withdraw from this contract. The Seller shallcarry out such reimbursement using the same means of payment as the Customer used
for the initial transaction, unless the Customer have expressly agreed otherwise; in any
event, the Customer shall not incur any fees as a result of such reimbursement.
6. The Seller may withhold reimbursement until it has received the goods back or
supplying of the evidence of having sent back the goods, whichever is the earliest.
7. The Customer can send the product back to the following address:
Wydawnictwo AGONIA, P.O.Box 273, 64 – 920 Piła, without undue delay and in any
event not later than 14 days from the day on which the Customer has communicated hisor her withdrawal from this contract. In order to maintain the deadline, it is sufficient tosend the products back before its lapse.
8. The Customer shall bear the direct costs for returning the products (the costs of the
packaging, protection, shipment). The Seller indicates that due to the nature of the
products ordered by the Customer, it can turn out that it is not possible to send themback by post in the standard mode, which can increase the cost of returning the
products.
VI Premium Account
1. The premium account is granted, when the total of the executed orders within one year
is equal to 700,00 Euros or higher.
2. The information on granting the premium status is sent automatically by mail.
3. Granting the premium account equals giving the discount for the placed orders. The
level of the provided discount depends on the total amount of the executed orders.
4. The information on the granted discount level is sent by mail. The discount concerns all
products covered by the premium program. The information, whether a given product iscovered by the program or not, can be found in its description. The discount is not
calculated against the shipment costs, the collection costs or the PayPal costs.

VII Out of the court ways to handle claims and to pursue claims, as well as theprinciple regarding access to these procedures
1. The detailed information regarding the possibilities of taking benefitof the out of the court ways to handle claims and to pursue claims, as well as the6principle regarding access to these procedures by the Customer, are available in theseats and on the websites of the district (municipal) consumer ombudsmen, socialorganisations, Provincial Trade Inspection Inspectorates and under the following websiteof the Office for Competition and Consumer Protection: http://www.uokik.gov.pl
2. The consumer has the following exemplary possibilities regarding use of the out of thecourt ways of handling claims and pursuing claims.
3. The consumer is authorised to refer to the permanent consumer arbitration court,
referred to in the art. 37 of the Trade Inspection Act of the 15th of December 2000
(Journal of 2001 No 4 item 25 with amendments), with the petition on resolving the
dispute resulting from the concluded Sales Contract. The Terms and Conditions of theorganisation and operation of the permanent consumer arbitration courts are specified
by the Regulation of the Minster of Justice on defining the terms and conditions oforganisation and operation of the permanent consumer arbitration courts of the 25th of
September 2001. (Journal of Laws 2001, no. 113, item 1214).
4. The consumer is authorised to refer to the provincial Inspector for Trade Inspection,according to the art. 36 of the Trade Inspection Act of the 15th of December 2000
(Journal of 2001 No 4 item 25 with amendments), with the petition on initiating themediation proceedings in the case of the amicable resolution of the dispute between theConsumer and the Seller. The information regarding the principles and the mode of themediation procedure conducted by the provincial Inspector for Trade Inspection isavailable in the seats and on the websites of individual Provincial Inspectorates for
Trade Inspection.
5. The consumer can also get free information regarding assistance in the case regarding
resolution of the dispute between the Consumer and the Seller, also taking benefit of
the assistance of the district (municipal) consumer ombudsman or a social organisation,
whose tasks include consumer protection. The information, where to find suchassistance of this type can be found on the website of the Polish Consumer Association
under the following address http://www.konsumenci.org/pomoc-konsumencka,pomockonsumencka,2,27.html
VIII Final Provisions and personal data protection
1. The contracts
or English.

concludedbytheInternet

Store

are

concludedin

Polish

2. These Terms and Conditions is valid as of 24.05.2018.
3. The Seller reserves the right to amend the Terms and Conditions due to importantreasons, namely: amendment of the legal provisions; changing the methods of
payments and deliveries - within the scope, in which these changes have impact on
execution of the provisions contained in these Terms and Conditions. All amendments to
the Terms and Conditions enter into force within the time limit indicated by the Internet
Store, however, not shorter than 7 days from the date of disclosing the on the Seller’s
website. The orders placed before the effective date of the amendments of these Terms
and Conditions are executed on the basis of the provisions binding on the day of theirplacing.

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4. Expressing a consent by the Customer for processing the personal data by the Seller inthe understanding of the Personal Data Protection Act of the 29th of August 1997 (i.e.
of 2002, Journal of Laws no. 101 item 926 with further amendments) is voluntary,
however, failure to express consent for personal data processing, prevents execution of
the contract and the order.
5. Processing of personal data for marketing purposes
5.1.

The Customer can express a consent his or her personal data for marketing
purposes in the understanding of the Personal Data Protection Act of the 29th ofAugust 1997 (i.e. of 2002, Journal of Laws no. 101 item 926 with further
amendments) and its entrusting with the third entity in order to transfer themarketing materials and information on promotional activities to the Customer, as
well as about the Seller - who runs the Internet store.

6. Personal Data Controller.
6.1.

Wydawnictwo AGONIA is the controller of the personal data. In compliance with the
Personal Data Protection Act provision of the personal data is voluntary and theCustomer has the right to preview his or her data and to correct or amend it, as
well as to request its deletion.

7. In the cases not regulated by these Terms and Conditions, the commonly binding Polishlegal provisions shall apply, in particular: Of the Civil Code; the Act on Provision ofServices by Electronic Means of the 18th of July 2002 (Journal of Laws 2002 no. 144,
item 1204 with amendments); for the Sales Contracts concluded until the 24th ofDecember 2014 with the Customers being the consumers - the provisions of the Act on
Protecting Certain Consumer Rights and on Liability for the Damage Caused by a
Hazardous Product of the 2nd of March 2000 (Journal of Laws 2000 n. 22, item 271 with
amendments) and the Act on Individual Consumer Sale Conditions and on changing the
Civil Code of the 27th of July 2002 (Journal of Laws 2002 no. 141, item 1176 with
amendments); for the Sales Contracts concluded until the 25th of December 2014 with
the Customers being the consumers - the provisions of the Act on Consumer Rights of
the 30th of May 2014. (Journal of Laws 2014, item 927 with amendments); and theother adequate commonly binding legal provisions

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