Store Policy and privacy policy – Claveclub
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Store Policy and privacy policy

Online shop terms and conditions of 02.01.2023.
License number granted by Kreator Legal Geek: b03224f4-cd6b-44c0-8268-999bda29bbab.

Claveclub Online Shop Terms and Conditions

determining i.a. terms of concluding contracts through the Shop, containing the most important information about the Seller, the Shop and Consumer rights.

LIST OF CONTENTS
Section 1 Definitions
Section 2 Seller’s contact details
Section 3 Technical requirements
Section 4 Purchasing at the Shop
Section 5 Payments
Section 6 Performing orders
Section 7 Right of withdrawal
Section 8 Exceptions from the right of withdrawal
Section 9 Complaints
Section 10 Personal data
Section 11 Restrictions
Section 12 Provisions applicable to Buyers who are not Consumers
Appendix 1: Model withdrawal form

Section 1 DEFINITIONS

Account – a free-of-charge function of the Shop (online service), regulated by separate terms and conditions, which allows the Buyer to register his/her own individual account at the Shop.
Act on Consumer Rights - Polish Act of 30 May 2014 on Consumer Rights.
Business days – Monday through Friday with the exception of public holidays in Poland.
Buyer – any entity making a purchase at the Shop whose habitual residence is in the European Union.
Consumer – any Buyer who is a natural person making a purchase at the Shop for purposes which are outside that person's trade, business, craft or profession.
Seller – CLAVECLUB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat at ul. Śląska 66B/8, 80-389 Gdańsk, Poland, entered into the National Court Register - register of entrepreneurs by SĄD REJONOWY GDAŃSK-PÓŁNOC W GDAŃSKU, VII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, under KRS no. 0000948032, NIP 5842812965, REGON no. 52103010100000.
Shop – Claveclub online shop maintained by the Seller at the address claveclub.pl directed to Buyers.
Terms and Conditions – these Terms and Conditions.

Section 2 SELLER’S CONTACT DETAILS

  1. Postal address: ul. Śląska 66B/8, 80-389 Gdańsk, Poland
  2. E-mail address: info@claveclub.com
  3. Phone number: 585733707

The basic tariff of the telecommunications operator used by the Buyer applies to phone calls made by the Buyer. The Seller points out that the cost of non-domestic calls may be higher than the cost of domestic calls – depending on the tariff adopted by the Buyer's operator.

Section 3 TECHNICAL REQUIREMENTS

  1. A device with Internet access and web browser supporting:
    • cookie files
    • JavaScript
    is required for the proper functioning of the Shop.
  2. An active e-mail account is required to place an order at the Shop, in addition to the requirements specified in paragraph 1.

Section 4 PURCHASING AT THE SHOP

  1. The prices of the products displayed at the Shop are the total prices.
  2. The total price displayed at the Shop includes: price of the product and delivery cost – if applicable.
  3. The Buyer first adds the chosen product to the Shop cart.
  4. Then the Buyer chooses the means of delivery and payment available at the Shop and also provides any data necessary for the performing of the order.
  5. The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
  6. Placing the order is tantamount to conclusion of the contract between the Buyer and the Seller.
  7. The Buyer can register at the Shop, that is, set up an Account at the Shop or purchase products without registration by providing his/her data for each potential order.

Section 5 PAYMENTS

  1. Subject to paragraph 2, the following means of payment are available at the Shop:
    1. a regular transfer to the Seller’s bank account;
    2. payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. payment platform:
      • Przelewy24
  2. Additional information about the means of payment can be found at the relevant tab at the Shop, including information about the possibility of using specific means depending on the Buyer’s country.
  3. In case the Buyer chooses to pay for the order in advance, the payment should be made within 7 Business days from the date of concluding the contract.
  4. The Seller declares that in the case of payment methods in which the field for entering the data necessary for processing the payment appears immediately after placing the order, payment is possible only immediately after placing the order.
  5. By making a purchase at the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his/her consent.

Section 6 PERFORMING ORDERS

  1. The time for order fulfilment is specified at the Shop.
  2. If the Buyer chooses to pay for the order in advance, the Seller will commence fulfilment of the order after having received the payment.
  3. If multiple products are ordered by the Buyer in one order, the order will be performed in the time corresponding to the product with the longest time for order fulfilment.
  4. The goods purchased at the Shop can be delivered to the following countries:
    • Poland,
    • Italy,
    • Germany,
    • Spain,
    • France.
  5. Products purchased at the Shop are delivered, depending on the mean of delivery chosen by the Buyer:
    1. via a delivery company,
    2. via Paczkomaty InPost.

Section 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. A Consumer has the right to withdraw from the contract within 14 days without giving any reason, subject to section 8 of the Terms and Conditions.
  2. The withdrawal period will expire after 14 days from the day:
    1. on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires physical possession of the goods – in the case of a sales contract;
    2. on which the Consumer took possession of the last good, batch or part thereof, or from the day on which a third party other than the carrier, and indicated by the Consumer, took possession of the last good, batch or part thereof - in the event of a contract requiring a transfer of the ownership rights to numerous goods which are delivered individually, in batches or in parts.
  3. To exercise the right of withdrawal, Consumer must inform the Seller, using the data specified in section 2 of the Terms and Conditions, of his/her decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
  4. The Consumer may use the attached model withdrawal form, however it is not obligatory.
  5. To meet the withdrawal deadline, it is sufficient for the Consumer to send his/her communication concerning his/her exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

  1. If the Consumer withdraws from the contract, the Consumer will be reimbursed all payments received from him/her, including the costs of delivery (with the exception of the supplementary costs resulting from the Consumer choice of a type of delivery 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 the Seller is informed about the Consumer's decision to withdraw from the contract.
  2. The Seller will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement.
  3. If the Seller did not offer to collect the goods from the Consumer by itself, the Seller may withhold reimbursement until the Seller has received the goods back or the Consumer has supplied evidence of having sent back the goods, whichever is the earliest.
  4. The Consumer shall send the goods back or hand them over to the Seller to the following address: ul. Śląska 66B/8, 80-389 Gdańsk, Poland without undue delay and in any event not later than 14 days from the day on which the Consumer communicates his/her withdrawal from the contract to the Seller. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired.
  5. The Consumer will bear the direct cost of returning the goods.
  6. The Consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the good.
  7. If the goods, by their nature, cannot normally be returned by post, the Consumer will have to bear the direct cost of returning the goods as well. The Consumer will be given the information about estimated cost in the description of the good at the Shop or during the process of placing the order.
  8. If the funds from a transaction made by a payment card have to be returned, the Seller will make the refund to the bank account assigned to that payment card.

Section 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL

  1. The Consumer does not have the right of withdrawal from a distance contract in the case of the following contracts:
    1. for the supply of goods made to the Consumer’s specifications or clearly personalised;
    2. for the supply of goods which are liable to deteriorate or expire rapidly;
    3. for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
    4. for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
    5. for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
    6. for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
    7. for the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period.

Section 9 COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller is liable to the Consumer for the conformity of the performance with the contract, according to the generally applicable provisions of law – without prejudice to section 11(3) and 11(4) - in particular to the provisions of the Act on Consumer Rights, in which Consumers' complaints referred to in this section are regulated.
  2. The Seller requests that complaints be addressed to the postal address or e-mail address specified in section 2 of the Terms and Conditions.
  3. If any additional guarantee was provided for the product, the information about it and about its conditions is available at the Shop.
  4. Complaints concerning the functioning of the Shop should be reported electronically to the e-mail address specified in section 2 of the Terms and Conditions.
  5. Unless otherwise specified in this section (regarding complaints), the Seller will review the complaint within the period of 14 days – subject to section 11(3) and 11(4) of the Terms and Conditions.

II CONSUMERS

  1. Goods

    1. The Seller is liable to the Consumer for any lack of conformity of the goods with the contract, which exists at the time when the goods were delivered and which becomes apparent within two years of that time - subject to section 11(3) and 11(4) of the Terms and Conditions.
    2. In the case of a lack of conformity of the good with the contract, the Consumer can - on the principles laid down in the Act on Consumer Rights:
      1. demand a replacement;
      2. demand a repair.
    3. In addition, the Consumer may - on the principles laid down in the Act on Consumer Rights:
      1. make a statement to the Seller expressing the decision to withdraw from the contract;
      2. claim a price reduction
      in a situation when:
      • the Seller has failed to bring the goods into conformity with the contract in accordance with Article 43d(4) to (6) of the Act on Consumer Rights or the Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Act on Consumer Rights;
      • a lack of conformity with the contract appears despite the Seller having attempted to bring the goods into conformity;
      • the lack of conformity of the goods with the contract is significant enough to justify either a reduction in price or withdrawal from the contract without prior recourse to the remedies set out in the Article 43d of the Act on Consumer Rights; or
      • the Seller has declared, or it is clear from the circumstances, that the Seller will not bring the goods into conformity with the contract within a reasonable time, or without significant inconvenience for the Consumer.
    4. The Consumer shall not be entitled to withdraw from the contract on the basis of this section (regarding goods) if the lack of conformity of the goods with the contract is only minor.
    5. Where the lack of conformity of the goods with the contract is to be remedied by repair or replacement of the goods, the Consumer shall make the goods available to the Seller. The Seller shall take back the replaced goods at the Seller’s expense.
    6. In the event of withdrawal from the contract for the purchase of goods by the Consumer, the Consumer shall return the goods to the Seller without undue delay at Seller’s expense, to the address ul. Śląska 66B/8, 80-389 Gdańsk, Poland. The Seller shall reimburse to the Consumer the price paid for the goods without undue delay, but not later than within 14 days of receipt of goods or evidence provided by the Consumer of having sent back the goods - subject to section 11(3) and 11(4) of the Terms and Conditions.
    7. The Seller shall reimburse to the Consumer the amounts due as a result of exercising the right to price reduction without undue delay, but not later than within 14 days from the day on which the Consumer communicates his/her price reduction claim to the Seller - subject to section 11(3) and 11(4) of the Terms and Conditions.

  2. Out-of-court complaint and redress mechanism

    1. In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
      1. assistance of competent European Consumer Centre of the EEC-Net. Centres provide Consumers with information about their rights and assist in solving individual problems with cross border transactions. The assistance of Consumer Centres is free of charge by default. A list of Consumer Centres competent for each country can be found at: https://konsument.gov.pl/eck-w-europie/;
      2. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
    2. Furthermore, the following support options are available in the Republic of Poland:
      1. mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. A list of Inspectorates can be found at: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
      2. assistance of the locally competent permanent Consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://uokik.gov.pl/stale_sady_polubowne.php;
      3. free-of-charge assistance of the municipal or poviat consumer advocate.

III BUYERS WHO ARE NOT CONSUMERS

  1. For the avoidance of doubt, the Seller points out that in case of complaints, section 12(2) shall apply to the Seller’s liability in relation to the Buyer who is not a Consumer.

Section 10 PERSONAL DATA

  1. Controller of personal data provided by the Buyer when using the Shop is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as on data recipients – can be found in the Privacy Policy available in the Shop – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council on data protection – “GDPR”.
  2. The objective of processing Buyer’s data by the Seller provided by the Buyer in relation to shopping in the Shop is to fulfil orders. The basis for processing personal data in this case is:
    • a contract or actions taken at the request of the Buyer in order to conclude the contract (point (b) of Article 6(1) of the GDPR),
    • the Seller’s legal obligation related to accounting (point (c) of Article 6(1) of the GDPR), and
    • the Seller’s legitimate interest consisting in processing data in order to determine, exercise or defend any possible claims (point (f) of Article 6(1) of the GDPR).
  3. The provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide such data will make it impossible to conclude the contract in the Shop.
  4. The Buyer's data provided in connection with shopping in the Shop will be processed until:
    1. the contract concluded by and between the Buyer and the Seller expires;
    2. the Seller ceases to be bound by the legal obligation that obligates the Seller to process Buyer’s data;
    3. the Buyer or the Seller ceases to be able to exercise claims related to the contract concluded by the Shop;
    4. the Buyer's objection to the processing of his/her personal data is accepted – if the processing was based on the legitimate interest of the Seller
    – depending on what is applicable in a given case and what happens latest.
  5. The Buyer has the right to request:
    1. access to his/her personal data,
    2. their rectification,
    3. their deletion,
    4. restriction of processing,
    5. transfer of data to another controller
      and the right to:
    6. object to processing of data at any time on grounds relating to a specific situation of the Buyer – to processing of personal data concerning the data subject, based on point (f) of Article 6(1) of the GDPR (i.e. on legitimate interests pursued by the Seller).
  6. In order to exercise his/her rights, the Buyer should contact the Seller using data indicated in section 2 of the Terms and Conditions.
  7. If the Buyer considers that his/her data is processed illegally, the Buyer may lodge a complaint with an authority competent for personal data protection.

Section 11 RESTRICTIONS

  1. The Buyer is forbidden to provide content of illegal nature.
  2. Each order placed at the Shop requires conclusion of a separate contract and separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of order fulfilment.
  3. All contracts concluded under these Terms and Conditions are subject to the provisions of Polish law, subject to paragraph 4.
  4. The choice of Polish law as governing law for contracts concluded with Consumers under the Terms and Conditions does not revoke or limit the rights of Consumers which they can exercise pursuant to the applicable mandatory provisions of law, applicable to the Consumer in cases where the choice of law does not take place, pursuant to Regulation (EC) of the European Parliament and of the Council No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). This means in particular that if national provisions applicable to a certain Consumer provide for wider protection than that resulting from these Terms and Conditions or the Polish law – this wider protection shall be applied.
  5. The contracts concluded through the Shop are concluded in English.
  6. No regulation of the present Terms and Conditions waives or restricts in any way the applicable Consumer rights imposed by the provisions of law.
  7. A natural person concluding a contract directly related to his/her economic activity shall be treated as a Consumer and has the same rights as Consumers, when the content of such contract implies it is not of professional nature for this person. The previous sentence does not apply to the provisions specified in section 9, in the sub-section “Out-of-court complaint and redress mechanism”, and the provisions of paragraph 4.

Section 12 PROVISIONS APPLICABLE TO BUYERS WHO ARE NOT CONSUMERS

  1. Any liability of the Seller towards the Buyer who is not a Consumer, within the limits permitted by law, is excluded.
  2. Any dispute arising between the Seller and the Buyer who is not a Consumer will be submitted to the court competent for the Seller’s registered office.

Appendix 1. to Terms and Conditions

What follows is a model withdrawal form from the contract which the Consumer may (but does not have to) use.

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

CLAVECLUB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Śląska 66B/8, 80-389 Gdańsk, Poland
e-mail: info@claveclub.com

- I/We (*) ..................................................................... hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

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

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

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

– Ordered on(*)/received on(*)

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

– Name of Consumer(s):

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

– Address of Consumer(s):

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

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

.............................................................................................
Signature of Consumer(s)
(only if this form is notified on paper)

Date ............................................

(*) Delete as appropriate.

Privacy policy of 02.01.2023.
License number granted by Kreator Legal Geek: b03224f4-cd6b-44c0-8268-999bda29bbab.

Claveclub
claveclub.pl
(“Shop”)
Privacy Policy

Dear User!

We are committed to protecting your privacy and want you to feel comfortable while using our services. This is why we would like to present you with the most important information on principles regarding the processing of your personal data and cookies used by our Shop. This information was prepared in compliance with the GDPR – the General Data Protection Regulation.

PERSONAL DATA CONTROLLER

CLAVECLUB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat at ul. Śląska 66B/8, 80-389 Gdańsk, Poland, entered into the National Court Register - register of entrepreneurs by SĄD REJONOWY GDAŃSK-PÓŁNOC W GDAŃSKU, VII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, under KRS no. 0000948032, NIP 5842812965, REGON no. 52103010100000.

If you want to contact us in relation to the processing of your personal data, please send an e-mail to: info@claveclub.com.

YOUR RIGHTS

You have the right to:

  • access your personal data, including the right to receive a copy of your data (Article 15 of the GDPR or – if applicable – Article 13 (1) (f) of the GDPR),
  • rectify them (Article 16 of the GDPR),
  • erase them (Article 17 of the GDPR),
  • restrict their processing (Article 18 of the GDPR),
  • transfer data to another controller (Article 20 of the GDPR).

Furthermore, you have the right to:

  • object to the processing of your data at any time:
    • on grounds relating to your particular situation – regarding the processing of your personal data in accordance with Article 6 (1) (f) of the GDPR (i.e. based on the legally justified interests realised by us), (Article 21 (1) of the GDPR);
    • if the personal data are processed for direct marketing purposes, within the scope in which the processing is related to such direct marketing (Article 21 (2) of the GDPR).

Please contact us if you want to exercise your rights. Your objection to our use of cookies (about which you can read below) can be expressed, in particular, through the appropriate browser settings.

If you believe that your data are processed unlawfully, you can file a complaint to the authority competent for personal data protection.

PERSONAL DATA AND PRIVACY

You will find detailed information on the processing of your data depending on your activities in the table below.

1. Placing an order at the Shop - part 1

What for?
processing of your order
On what basis?
sales contract (Article 6 (1) (b) of the GDPR) our legal obligation, related to accountancy, to process your personal data (Article 6 (1) (c) of the GDPR)
For how long?
as long as the contract is in force until our legal obligation related to accounting ceases to apply
furthermore, your data will be processed until the expiry of the period during which redressing is possible – by you or us
(more information on this subject can be found in the last table of this section)
What happens if you do not provide your data?
you will not be able to place an order

2. Placing an order at the Shop - part 2

What for?
adapting the Shop to suit the Users’ needs, as well as improving the quality of our services, thanks to opinions from our Buyers sent via a satisfaction survey website
On what basis?
our legitimate interest consisting in the processing of data for the purpose of conducting a satisfaction survey (Article 6 (1) (f) of the GDPR)
For how long?
if you do not express your opinion – within 30 days from your purchase or until we accept your objection to data processing; if you express your opinion – until it is deleted or until we accept your objection to data processing*
furthermore, your data will be processed until the expiry of the period during which redressing is possible – by you or us
(more information on this subject can be found in the last table of this section)
What happens if you do not provide your data?
we will not take your opinion on the Shop into account in its further development
* depending on whichever is applicable in that case and whichever takes place sooner.

3. Creating an account in the Shop

What for?
performance of the contract for keeping an account in the Shop
On what basis?
contract for the provision of services (Article 6 (1) (b) of the GDPR)
For how long?
until you delete your account or until we delete it at your request
furthermore, your data will be processed until the expiry of the period during which redressing is possible – by you or us
(more information on this subject can be found in the last table of this section)
What happens if you do not provide your data?
you will not be able to register an account and use its features, such as browsing the order history or checking the order status

4. Contacting us (e.g. making an inquiry)

What for?
processing of your inquiries or requests
On what basis?
contract or actions taken at your request to conclude it (Article 6 (1) (b) of the GDPR) – if your inquiry or request concerns a contract that we are or may be a party to our legitimate interest in processing your data is to communicate with you (Article 6 (1) (f) of the GDPR) – if your inquiry or request is not related to the contract
For how long?
for the duration of the contract binding us or - if the contract is not concluded - until the expiry of the redress period – see the last table in this section* until the expiry of the redress period – see the last table in this section - or until we accept your objection to the processing *
furthermore, your data will be processed until the expiry of the period during which redressing is possible – by you or us
(more information on this subject can be found in the last table of this section)
What happens if you do not provide your data?
we will not be able to respond to your inquiry or request
* depending on whichever is applicable in that case and whichever takes place sooner.

5. Browser settings and other similar activity allowing for analytical activities

What for?
analysis of how you use and navigate the Shop, to adapt it to the needs and behaviour of Users
(for more information on that topic, read the "Analytical Activities" and "Cookies" sections of the Privacy Policy)
On what basis?
our legitimate interest consisting in the processing of data for the purposes mentioned above (Article 6 (1) (f) of the GDPR)
For how long?
until you delete the cookies used for analytical purposes or until their validity expires*
What happens if you do not provide your data?
we will not take your preferences regarding the use of the Shop Website into consideration when developing it further
* depending on whichever is applicable in that case and whichever takes place sooner.

6. When you agree to receive marketing content from us (e.g. information on special offers)

What for?
sending of marketing information, especially special offers
On what basis?
Your consent to our marketing activities (Article 6 (1)(a) of the GPDR)
For how long?
until you withdraw your consent – remember, you can withdraw your consent at any time. Data processing until you withdraw your consent is compliant with the law.
furthermore, your data will be processed until the expiry of the period during which redressing is possible – by you or us
(more information on this subject can be found in the last table of this section)
What happens if you do not provide your data?
you will not be able to receive our marketing materials, including the information on our special offers

7. Newsletter subscription

What for?
sending of the newsletter
On what basis?
contract for the provision of newsletter services (Article 6 (1) (b) of the GDPR)
For how long?
until you unsubscribe from our newsletter
furthermore, your data will be processed until the expiry of the period during which redressing is possible – by you or us
(more information on this subject can be found in the last table of this section)
What happens if you do not provide your data?
you will not be able to receive information concerning the Shop and our services

8. Taking action or refraining from taking action which may result in claims related to the Shop or our services

What for?
determination, exercising or defence of claims related to the concluded contract or services provided
On what basis?
our legitimate interest consisting in the processing of data for the purpose indicated above (Article 6 (1) (f) of the GDPR)
For how long?
until the redress period expires or until we accept your objection to the processing *
What happens if you do not provide your data?
no possibility to determine, assert or defend claims
* depending on whichever is applicable in that case and whichever takes place sooner.

ANALYTICAL ACTIVITIES

As part of the Shop operations, we conduct analytical activities aimed at increasing its intuitiveness and accessibility – this takes place if you allow such activities. As part of the analysis, we will take the way you navigate the Shop into consideration, for example, how much time you spend on a given webpage, or which places of the Shop you click on. That way, we can customise the layout and appearance of the Shop and the content we post on it to suit the needs of Users.

DATA SAFETY

While processing your personal data, we use organisational and technical measures which comply with the relevant provisions of law, including encrypting the connection with the use of an SSL certificate.

COOKIES

Our Shop, like most Internet websites, uses the so-called cookies. These cookies:

  • are stored in the memory of your device (computer, mobile phone, etc.);
  • do not introduce any changes in the settings of your device.

On this Shop, cookies are used for the following purposes:

  • collecting statistical data

To learn how to manage cookies and disable them in your browser, you can use your browser's help files. You can get more information about this topic by pressing F1 while using the browser. Additionally, you can find relevant information on the following subpages, depending on the browser you use:

Below you will find information about the features of the cookie files we process and their period of validity.

cookie file name cookie validity period cookie file function
secure_customer_sig 1 year Shopify sets this cookie to be used in connection with customer login.
_orig_referrer 14 minutes Shopify sets this cookie to be used in connection with shopping cart.
_landing_page 14 days Shopify installs this cookie to track landing pages.
_y 1 year This cookie is associated with Shopify's analytics suite.
_s 30 minutes This cookie is associated with Shopify's analytics suite.
_shopify_y 1 year This cookie is associated with Shopify's analytics suite.
_shopify_s 30 minutes This cookie is associated with Shopify's analytics suite.
_shopify_sa_t 30 minutes This is a Shopify analytics cookie relating to marketing and referrals.
_shopify_sa_p 30 minutes This is a Shopify analytics cookie relating to marketing and referrals.
_ga 2 years calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.
_gid 1 day stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.
_gat 1 minute restrains request rate and thus limits the collection of data on high traffic sites.
_ga_devsite 2 years This cookie is installed by Google Analytics.

By using the appropriate options of your browser, you can, at any time:

  • delete cookies,
  • block the use of cookies in the future.

In these cases we will no longer process them.

More information on cookies is available on Wikipedia.

EXTERNAL SERVICES / DATA RECIPIENTS

We use the services of external entities which support us in running our business. We entrust them with the processing of your data – these entities process data only only upon our documented request.

Below, you will find a list of recipients of your data:

ACTIVITY DATA RECEIVERS DATA TRANSMISSION OUTSIDE THE EUROPEAN UNION
every activity related to the Shop hosting provider yes – the USA **
entity providing us with technical/IT support does not take place
persons cooperating with us under civil law contracts, supporting our current activities does not take place
sales software provider yes – the USA **
using the Shop with settings allowing for conducting marketing activities entity providing marketing services yes – the USA **
using the Shop with settings allowing for conducting analytical activities entity allowing for conducting analytical activities on the website yes – the USA **
placing an order in the Shop payment provider does not take place
entity ensuring the delivery of the product does not take place
provider of standard office software (including e-mail inboxes) does not take place
warehouse does not take place
accountancy office does not take place
entity providing the instalment system does not take place
subscription to the newsletter or consent to receive marketing messages entity providing newsletter or marketing messaging services does not take place
using an online chat service offered on the Shop entity providing the online chat service offered on the Shop does not take place
using Shop-related services provided to us by social networking platforms social networking platforms yes – the USA **
participating in our satisfaction survey entities enabling publishing opinions on the Shop or the products offered and comparing between them does not take place
contacting us (e.g. asking a question) provider of standard office software (including e-mail inboxes) does not take place

In addition:

competent public authorities within the scope in which we are obliged to make data available to them.

TRANSFER OF PERSONAL DATA TO COUNTRIES OUTSIDE THE EUROPEAN UNION

** For the above reasons, your personal data may also be processed by entities outside the European Union. An adequate level of protection of data processing, including through the use of appropriate security measures, is ensured by:

  • the standard data protection clauses adopted by the Commission, referred to in Article 46 (2) (c) of the GDPR

 

 

Account Terms and Conditions

of Claveclub

LIST OF CONTENTS
Section 1 Definitions
Section 2 Service Provider’s contact details
Section 3 Technical requirements
Section 4 Account
Section 5 Complaints
Section 6 Personal data
Section 7 Restrictions

Section 1 DEFINITIONS

Consumer – any natural person who concludes or whishes to conclude an agreement under the present Account Terms and Conditions for purposes which are outside that person's trade, business, craft or profession.
Account – a free-of-charge function of the Shop (service) which allows the Customer to register his/her own individual account at the Shop and which is regulated by the present Account Terms and Conditions.
Customer – anyone who creates or wishes to create an Account and has its habitual residence in the European Union.
Shop – online shop Claveclub maintained by the Service Provider at claveclub.pl directed to Customers.
Service Provider - CLAVECLUB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat at ul. Śląska 66B/8, 80-389 Gdańsk, Poland, entered into the National Court Register - register of entrepreneurs by SĄD REJONOWY GDAŃSK-PÓŁNOC W GDAŃSKU, VII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, under KRS no. 0000948032, NIP 5842812965, REGON no. 52103010100000.

Section 2 SERVICE PROVIDER’S CONTACT DETAILS

  1. Postal address: ul. Śląska 66B/8, 80-389 Gdańsk, Poland
  2. E-mail address: info@claveclub.com
  3. Phone number: 585733707

Section 3 TECHNICAL REQUIREMENTS

  1. An active e-mail account and a device with Internet access and a web browser supporting:
    • cookie files
    • JavaScript
    are necessary for the correct creation of the Account and its correct functioning.

Section 4 ACCOUNT

  1. The Customer creates an Account voluntarily.
  2. The Account provides the Customer with additional options, such as: reviewing the order history of orders placed by the Customer at the Shop, checking the order status or editing his/her data independently.
  3. To create an Account the Customer needs to fill out a proper form at the Shop.
  4. The creation of the Account entails the conclusion of the contract for an unspecified term between the Customer and the Service Provider relating to management of the Account on the terms specified in the present Account Terms and Conditions.
  5. The Customer can delete the Account at any time without incurring any costs.
  6. In order to delete the Account, the Customer should send a resignation to the following e-mail address: info@claveclub.com. As a result the Account will be deleted and the contract relating to management of the Account will be terminated.

Section 5 COMPLAINTS

  1. Complaints about functioning of the Account should be addressed to the following e-mail address: info@claveclub.com.
  2. The Service Provider will review the complaint within the period of 14 days.

    OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM
  3. In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
    1. assistance of competent European Consumer Centre of the EEC-Net. Centres provide Consumers with information about their rights and assist in solving individual problems with cross border transactions. The assistance of Consumer Centres is free of charge by default.
      A list of Consumer Centres competent for each country can be found at: https://konsument.gov.pl/eck-w-europie/;
    2. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
  4. Furthermore, the following support options are available in the Republic of Poland:
    1. mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. A list of Inspectorates can be found at: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
    2. assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://uokik.gov.pl/stale_sady_polubowne.php;
    3. free-of-charge assistance of the municipal or poviat consumer advocate.

Section 6 PERSONAL DATA

  1. Controller of personal data provided by the Customer when using the Account is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and grounds for data processing, as well as on data recipients – can be found in the Privacy Policy available in the Shop – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council on data protection – “GDPR”.
  2. The objective of processing Customer’s data is to maintain the Account. A basis for processing personal data in this case is a contract or activities taken upon request of the Customer aiming at concluding such a contract (point (b) of Article 6(1) of the GDPR) as well as a legitimate interest of the Service Provider consisting in processing data in order to establish, exercise or defend possible claims (point (f) of Article 6(1) of the GDPR).
  3. The provision of data by the Customer is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Service Provider will not be able to provide the service consisting in maintaining the Account.
  4. The Customer's data will be processed until:
    1. the Account is deleted by the Customer or the Service Provider at the Customer’s request
    2. the Customer or the Service Provider ceases to be able to exercise claims related to the Account;
    3. the Customer's objection to the processing of their personal data is accepted – if the processing was based on the legitimate interest of the Service Provider
    – depending on what is applicable in a given case and what happens latest.
  5. The Customer has the right to request:
    1. access to his/her personal data,
    2. their rectification,
    3. their deletion,
    4. restriction of processing,
    5. transfer of data to another controller
      and the right to:
    6. object to processing of data at any time on grounds relating to a specific situation of the Customer – to processing of personal data concerning the data subject, based on point (f) of Article 6(1) of the GDPR (i.e. on legitimate interests pursued by the Service Provider).
  6. In order to exercise his/her rights, the Customer should contact the Service Provider.
  7. If the Customer considers that his/her data is processed illegally, the Customer may lodge a complaint with an authority competent for personal data protection.

Section 7 RESTRICTIONS

  1. The Customer is forbidden to provide content of illegal nature.
  2. The contract relating to management of the Account is concluded in English.
  3. In the case of any substantial reasons which are referred to in paragraph 4, the Service Provider has the right to change the present Account Terms and Conditions.
  4. The substantial reasons referred to in paragraph 3 are as follows:
    1. the need to adapt the Shop to the provisions of the law applicable to the Shop’s activity,
    2. improving safety of the services provided,
    3. changes in the functionality of the Account which require modifications in of the Account Terms and Conditions.
  5. The Customer will be informed about the planned changes in the Account Terms and Conditions via an e-mail sent to the address assigned to the Account at least 7 days before they come into force.
  6. If the Customer does not accept the planned changes, he/she should inform the Service Provider about that fact by sending an e-mail to the Service Provider's e-mail address info@claveclub.com. This will result in termination of the contract relating to the management of the Account on the date when the planned changes come into force or before that date, if demanded by the Customer.
  7. If the Customer does not object to the planned change before the date of its entry into force, it is assumed that he/she accepts it. However it does not prevent him/her from terminating the contract in the future.
  8. Any dispute arising between the Service Provider and the Customer who is not the Consumer will be submitted to the court competent for the Service Provider’s registered office.
  9. All agreements concluded under the present Account Terms and Conditions are subject to the provisions of Polish law, subject to paragraph 10.
  10. The choice of Polish law as governing law for agreements concluded with Consumers under the present Account Terms and Conditions does not revoke or limit the rights of Consumers which they can exercise pursuant to the applicable mandatory provisions of law, applicable to the Consumer in cases where the choice of law does not take place, pursuant to Regulation (EC) of the European Parliament and of the Council No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). This means in particular that if national provisions applicable to a certain Consumer provide for wider protection than that resulting from the present Account Terms and Conditions or the Polish law – this wider protection shall be applied.
  11. A natural person concluding an agreement directly related to their economic activity shall be treated as a Consumer and has the same rights as Consumers, when the content of such agreement implies it is not of professional nature for this person. The previous sentence does not apply to the provisions specified in section 5, in the sub-section “Out-of-court complaint and redress mechanism” and the provision of paragraph 10.

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