Online Store Regulations By Corel
§ 1 Preliminary Provisions
The online store By Corel, available at www.bycorel.com, is operated by By Corel Sp. z o.o., based in Warsaw, 00-052 at Mazowiecka Street 11/49, registered in the National Court Register by the District Court for the capital city of Warsaw, Economic Division of the National Court Register under the number KRS 0001044653, with a share capital of 5000 PLN, NIP 5252962391, REGON 525675237.
These Regulations are addressed to both Consumers and Entrepreneurs using the Store and specify the rules for using the online Store and the terms and conditions of concluding Distance Sales Agreements with the Customer through the Store.
§ 2 Definitions
- Consumer: A natural person concluding an agreement with the Seller through the Store, which is not directly related to their business or professional activity.
- Seller: By Corel Sp. z o.o., based in Warsaw at Mazowiecka Street 11/49, postal code 00-052, registered in the National Court Register by the District Court for the capital city of Warsaw, Economic Division of the National Court Register under the number KRS 0001044653, with a share capital of 5000 PLN, NIP 5252962391, REGON 525675237.
- Client: Any entity making purchases through the Store.
- Entrepreneur: A natural person, legal person, or organizational unit without legal personality, granted legal capacity by a separate law, conducting business activity on its own behalf, using the Store.
- Store: The online store operated by the Seller at www.bycorel.com.
- Distance Contract: A contract concluded with the Customer within an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.
- Regulations: These store regulations.
- Order: The Customer’s declaration of intent submitted via the Order Form and directly aimed at concluding a Product or Products Sales Agreement with the Seller.
- Order Form: An interactive form available in the Store that allows for placing an Order, particularly by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Cart: A software element of the Store where selected Products for purchase are visible, and it is also possible to determine and modify the Order data, particularly the quantity of products.
- Product: A movable item/service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement: A sales agreement for a Product concluded or concluded between the Customer and the Seller via the online Store. The Sales Agreement also includes, depending on the characteristics of the Product, a service provision agreement and a work contract.
§ 3 Contact with the Store
- Seller’s address: Mazowiecka Street 11/49, 00-052 Warsaw
- Seller’s email address: office@bycorel.com
- Seller’s phone number: 506 191 636
- Seller’s bank account number: Bank Santander 28109028510000000154553587
- Address for returns (returns/complaints): Mazowiecka Street 11/49, 00-052 Warsaw
The Client may communicate with the Seller using the addresses and phone numbers provided in this paragraph. The Client can also communicate with the Seller by phone from 8:30 AM to 4:30 PM.
§ 4 Technical Requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
- A terminal device with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari,
- An active email account,
- Cookies enabled,
- FlashPlayer installed.
§ 5 General Information
- The Seller, to the broadest extent permitted by law, is not liable for disruptions, including interruptions, in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Client’s technical infrastructure.
- Viewing the Store’s assortment does not require creating an Account. Placing orders by the Client for Products in the Store’s assortment is possible either after creating an Account according to the provisions of §6 of the Regulations or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
- The prices given in the Store are in Polish zlotys and are gross prices (including VAT).
- The final (total) amount to be paid by the Client includes the price for the Product and the delivery cost (including charges for transport, delivery, and postal services), about which the Client is informed on the Store’s pages during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
§ 6 Order Placement Rules
To place an Order:
- Go to the Store’s website.
- Select the Product that is the subject of the Order, then click the “Add to cart” button (or equivalent).
- Fill out the Order Form by entering the recipient’s Order data and the address where the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter invoice data (optional) if different from the recipient’s data.
- Click the “Order and pay” button / click the “Order and pay” button and confirm the order by clicking the link sent in the email.
- Choose one of the available payment methods and, depending on the method of payment, pay for the order within a specified period, subject to §7 item 3.
§ 7 Delivery and Payment Methods Offered
The Client can use the following methods of delivery of the ordered Product:
- Postal shipment,
- InPost parcel locker,
- Courier shipment,
The Client can use the following payment methods:
- Payment by transfer to the Seller’s account
- Electronic payments
- Payment by payment card:
- Visa
- Visa Electron
- Mastercard
- MasterCard Electronic
- Maestro
The entity handling online card payments is Autopay S.A. Detailed information about delivery methods and acceptable payment methods is available on the Store’s pages.
§ 8 Execution of the Sales Agreement
- The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client places an Order using the Order Form in the online Store according to §6 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. The Seller confirms receipt of the Order and its acceptance for execution by sending the appropriate email to the Client’s email address provided during the Order placement. The email contains at least the Seller’s statements about receiving the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receiving the above email by the Client, a Sales Agreement is concluded between the Client and the Seller.
- If the Client chooses:
- payment by transfer, electronic payment, or payment by payment card, the Client is obliged to make the payment within 2 calendar days from the date of the conclusion of the Sales Agreement – otherwise, the order will be canceled.
- The Product will be sent by the Seller within the time specified in its description, in the manner chosen by the Client during the placement of the Order.
- A) In the case of ordering Products with different delivery dates, the delivery date is the longest provided date. B) In the case of ordering Products with different delivery dates, the Client can request delivery of the Products in parts or the delivery of all Products after completing the entire order.
- The beginning of the delivery period of the Product to the Client is counted from the date of crediting the Seller’s bank account.
- The delivery of the Product to the Client is chargeable unless the Sales Agreement provides otherwise. The delivery costs of the Product (including charges for transport, delivery, and postal services) are indicated to the Client on the pages of the online Store in the “Delivery costs” tab and during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
§ 9 Right to Withdraw from the Agreement
- The Consumer can withdraw from the Sales Agreement within 14 days without giving any reason.
- The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person indicated by the Consumer other than the carrier.
- In the case of an Agreement that covers many Products that are delivered separately, in batches, or in parts, the period specified in paragraph 1 runs from the delivery of the last item, batch, or part.
- In the case of an Agreement that involves the regular delivery of Products over a specified period (subscription), the period specified in paragraph 1 runs from taking possession of the first item.
- The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the expiration of the period.
- The statement can be sent by traditional mail, fax, or electronically by sending the statement to the Seller’s email address or by submitting the statement on the Seller’s website – contact details of the Seller are specified in §3. The statement can also be submitted using the form, a template of which constitutes Annex No. 1 to these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
- In the case of sending the statement by the Consumer electronically, the Seller will immediately send the Consumer confirmation of receipt of the statement of withdrawal from the Agreement to the email address provided by the Consumer.
- Effects of withdrawal from the Agreement:
- In the case of withdrawal from a Distance Agreement, the Agreement is considered not concluded.
- In the case of withdrawal from the Agreement, the Seller returns to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by the Consumer, including delivery costs, except for additional costs resulting from the Consumer’s chosen method of delivery other than the cheapest ordinary method of delivery offered by the Seller.
- The Seller will refund the payment using the same payment methods used by the Consumer in the original transaction unless the Consumer has explicitly agreed otherwise that does not involve any costs for him.
- The Seller may withhold the refund until receiving the Product back or until providing proof of its return, depending on which event occurs first.
- The Consumer should send back the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day the Consumer informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer sends the Product back before the expiry of the 14-day period.
- The Consumer bears the direct cost of returning the Product, also if the Product, due to its nature, could not be returned by regular mail.
- The Consumer is only liable for the decrease in the value of the Product resulting from using it differently than necessary to ascertain its nature, characteristics, and functioning.
- If, due to the nature of the Product, it cannot be returned by regular mail, the information about this and the costs of returning the Product will be in the Product description in the Store.
- The right to withdraw from a distance contract does not apply to the Consumer in relation to contracts:
- In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to meet his individualized needs,
- In which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery,
- In which the subject of the service is an item that deteriorates quickly or has a short shelf life,
- For the provision of services, if the Seller has fully performed the service with the explicit consent of the Consumer, who was informed before the provision that after the performance by the Seller, he will lose the right to withdraw from the Agreement,
- In which the price or remuneration depends on fluctuations in the financial market, which the Seller does not control and which may occur before the expiry of the withdrawal period,
- In which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
- In which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations, over which the Seller has no control,
- In which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery,
- For the delivery of journals, periodicals, or magazines, except for subscription agreements,
- For the delivery of digital content that is not recorded on a tangible medium if the performance began with the Consumer’s explicit consent before the expiry of the withdrawal period and after informing him by the Seller about the loss of the right to withdraw from the Agreement.
§ 10 Complaints and Warranty
- The Sales Agreement covers new Products.
- In the case of a defect in the goods purchased from the Seller, the Client has the right to lodge a complaint based on the warranty provisions in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
- The complaint should be reported in writing or electronically to the addresses provided in these Regulations.
- It is recommended that the complaint include a brief description of the defect, circumstances (including the date) of its occurrence, Client’s data filing the complaint, and the Client’s request in connection with the defect of the goods.
- The Seller has 14 days to respond to the complaint.
- Goods returned under the complaint procedure should be sent to the address Mazowiecka Street 11/49, 00-052 Warsaw.
- If a warranty is granted on the Product, the information about it, and its content, will be included in the Product description in the Store.
§ 11 Out-of-Court Complaint and Claim Procedures
- Detailed information on the possibility for the Consumer to use out-of-court methods for dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available in the offices and on the websites of municipal (city) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following addresses of the Office of Competition and Consumer Protection:
- The Consumer has the following exemplary possibilities of using out-of-court complaint and claim procedures:
- The Consumer is entitled to apply to the permanent consumer arbitration court mentioned in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148 as amended), with a request to settle the dispute arising from the Agreement concluded with the Seller.
- The Consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148 as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of the municipal (city) consumer advocate or social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumers Association).
§ 12 Personal Data in the Online Store
- The administrator of the personal data of the Clients collected via the online Store is the Seller.
- The Store processes Clients’ personal data in accordance with the requirements specified by the applicable Polish law on personal data protection, in particular, the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and other national regulations.
- To protect Clients’ data, the Store takes appropriate technical and organizational security measures specified by personal data protection regulations, considering technological developments, to protect against unauthorized or unlawful processing of personal data and against accidental loss, destruction, or damage.
- The personal data of Clients collected by the administrator via the online Store are collected for the purpose of executing the Sales Agreement, and if the Client agrees, also for marketing purposes.
- The recipients of personal data of the Clients of the online Store may be:
- In the case of a Client who uses postal or courier delivery methods in the online Store, the Administrator provides the collected personal data of the Client to the selected carrier or intermediary performing shipments on behalf of the Administrator.
- In the case of a Client who uses electronic payment methods or a payment card in the online Store, the Administrator provides the collected personal data of the Client to the selected entity handling the above payments in the online Store.
- The Client has the right to access the content of their data and to correct them.
- Providing personal data is voluntary, but not providing the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this Agreement.
- Details on the purposes, legal grounds, and rules of processing personal data by the Store are specified and available in the Privacy Policy available on the Store’s website.
§ 13 Final Provisions
- Agreements concluded through the online Store are concluded in the Polish language.
- The Seller reserves the right to amend the Regulations for important reasons, such as changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Client about each change with at least 7 days’ notice.
- In matters not regulated in these Regulations, the generally applicable provisions of Polish law apply, in particular, the Civil Code; the Act on Providing Services by Electronic Means; the Act on Consumer Rights, the Act on the Protection of Personal Data.
- The Client has the right to use out-of-court complaint and claim procedures. For this purpose, they may submit a complaint via the EU online ODR platform available at: