Regulations

§1 General provisions
The CUMULUS Online Store available on the Website www.cumulus.equipment is operated by Zdzisław Wylężek carrying out an economic activity under the business name of Zdzisław Wylężek CUMULUS, ul. Goplany 15, 81-524 Gdynia, NIP (Tax ID): 5860219373, REGON (Business ID): 008303125 and Jacek Wylężek carrying out an economic activity under the business name of CUMULUS Jacek Wylężek, ul. Goplany 15, 81-524 Gdynia, NIP (Tax ID): 5862199870, REGON (Business ID): 221836977, acting jointly as part of a civil law partnership under the name of “CUMULUS Zdzisław Wylężek, Jacek Wylężek spółka cywilna”, NIP 586-230-27-18, REGON 363418280 (hereinafter also referred to as “CUMULUS”). Contact details:
CUMULUS s. c.
Opata Hackiego 19 street
81-211 Gdynia, Poland
NIP: 586 230 27 18
e-mail address: [email protected]
Contact number of the CUMULUS Customer Service Centre: +48 58 620 94 12, open from Monday to Friday at 8:00 a.m. – 4:00 p.m. Polish time (CET time zone).
These Terms and Conditions are addressed to Consumers and specify the terms and conditions, the rules and the manner of selling products via the Online Store to the Consumers.
Placing orders by the Entrepreneur does not take place via the Online Store, but via e-mail at: [email protected]

 

§2 Definitions and Rules of Using the Online Store
1. Definitions:
1) Consumer – a natural person entering into a contract with the Seller as part of the Online Store, the subject of which is not directly related to the person’s business or professional activity, and a natural person entering into a contract directly related to their business activity, when the content of the contract proves that it does not have professional implications for that person, resulting, in particular, from the business profile of their business activity, as made available pursuant to the provisions on the Central Register and Information on Economic Activity.
2) Seller/CUMULUS – Zdzisław Wylężek, operating a business under the business name of Zdzisław Wylężek CUMULUS, ul. Goplany 15, 81-524 Gdynia, Polish tax identification number NIP 5860219373, Polish business identification number REGON 008303125 and Jacek Wylężek, operating a business under the business name of CUMULUS Jacek Wylężek, ul. Goplany 15, 81-524 Gdynia, Polish tax identification number NIP 5862199870, Polish business identification number REGON 221836977, acting jointly as part of a civil law partnership under the name of “CUMULUS Zdzisław Wylężek, Jacek Wylężek spółka cywilna”, Polish tax identification number NIP 586-230-27-18, Polish business identification number REGON 363418280.
3) Customer – each entity that makes purchases via the Online Store (applies to Consumers).
4) Entrepreneur – a natural person, a legal person and a non-incorporated organisational unit other than a legal person to which a separate act grants legal capacity, operating a business on its own behalf and other than a Consumer.
5) Online Store/Website – an online store operated by the Seller at www.cumulus.equipment
6) Distance contract – a contract entered into with the Customer as part of an organised system of concluding distance contracts (in the Online Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
7) Terms and Conditions – these terms and conditions of sale in the Online Store.
8) Order – a Customer’s declaration of will submitted via the Order Form and aimed directly at entering into a Sales Contract with the Seller.
9) Account – a Customer’s account in the Online Store, which aggregates the data provided by the Customer and information about the Orders placed by them in the Online Store.
10) Registration Form – a form available on the Online Store Website that makes it possible to create an Account.
11) Order Form – an interactive form available on the Online Store Website that makes it possible to place an Order, in particular, by adding Goods to the Cart and defining the terms of the Sales Contract, including the method of delivery and payment.
12) Cart – an element of the Online Store’s software in which the Goods selected by the Customer are visible.
13) Goods – movable items available in the Online Store, which are the subject of the Sales Contract between the Customer and the Seller.
14) Sales Contract – a contract for the sale of Goods which is being or has been entered into between the Customer and the Seller via the Online Store.
2. In order to use the Online Store, including to browse through the range of products available in the Online Store and to place orders, the following minimum technical requirements must be met: having a multimedia device connected to the internet that supports a web browser meeting the requirements necessary for proper functioning of the Online Store.
3. All and any rights to the Online Store, including the proprietary copyrights, intellectual property rights to its name, its internet domain, the Online Store Website as well as to the models, forms, logotypes placed on the Online Store Website (with the exception of logotypes and photographs presented on the Online Store Website for the purpose of displaying products the copyrights to which are held by third parties) rest with CUMULUS and they may be used only and exclusively subject to a prior consent given by CUMULUS in writing.
4. A customer using the Online Store is obliged to use the Online Store in a manner consistent with the applicable provisions of the law as well as the provisions of these Rules and Regulations. Customers are prohibited from providing content of unlawful nature and from using the Online Store, the Online Store Website or gratuitous services provided by CUMULUS in a manner at variance with the law, good customs or infringing on the rights or personal interests of third parties.
5. To place an order in the Online Store via the Online Store Website and to use services provided by electronic means via the Online Store Website, the Customer must have an active e-mail account.
6. Customers are not permitted to use the resources and functions of the Online Store to carry out an activity that would infringe or might potentially infringe on the interest of CUMULUS.

 

§ 3 Registration
1. In order to create an Account on the Online Store Website, the Customer is obliged to complete a free Registration process. Using and closing the Account are free of charge too.
2. Registration is not necessary to place an order in the Online Store.
3. To complete the Registration process, the Customer should fill in the registration form made available by CUMULUS on the Online Store Website and send a filled in registration form by electronic means to CUMULUS by choosing an appropriate function in the registration form. The Customer sets an individual password during the Registration.
4. When filling in the registration form, the Customer is able to and obliged to read the Rules and Regulations as well as accept the content thereof by checking an appropriate field in the form.
5. After sending a filled in registration form, the Customer immediately receives a Registration confirmation from CUMULUS by electronic means to the e-mail address provided in the registration form. As of this moment CUMULUS starts maintaining the Customer’s Account while the Customer becomes able to access the Customer’s Account as well as edit and close it.

 

§4 Product price arrangements
1. The prices of goods presented on the Online Store Website are denominated in EUR, USD or GBK and they are gross prices, i.e. they include taxes, including the Goods and Services Tax (VAT).
2. Prices of products listed on the Online Store Website do not include product delivery costs. Product delivery costs are included in the total order value on a case-by-case basis, which value is displayed at the moment when the Customer accepts and places an order. The total order value includes the product price and product delivery costs.
3. Information about product prices, features and material product properties is available on the Online Store Website and it is provided next to a given being displayed.
4. The binding and final price is the price specified in “Your basket” in the order summary at the moment when the Customer places an order via the Online Store.
5. Prices of products presented on the Online Store Website may change, however, a change of the product price does not affect orders placed and reservations made before the change of the price took effect.
6. CUMULUS reserves the right to change prices of products on offer, add new items to the product range of the Online Store, withdraw currently available products as well as carry out and cancel promotional campaigns on the Online Store Website or modify them.

 

§ 5 Placing orders
1. The Customer may purchase a product available in the product range of the Online Store by placing an order. Orders may be placed 24/7 via the Online Store Website www.cumulus.equipment. CUMULUS, to the broadest extent permitted by the law, is not liable for any technical problems or disruptions impeding communication, including in particular no data transmission, and also for stoppages in the functioning of the Online Store caused by an act of Force Majeure, wrongdoing by third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. As part of the ordering procedure, the Customer is obliged to read and accept these Rules and Regulations, which the Customer confirms by checking an appropriate box before finalising a given order. If the Customer fails to accept these Rules and Regulations during the ordering procedure, the Customer will be unable to purchase a given product via the Online Store.
3. A Customer who has registered a Customer’s Account in the Online Store may place an order with the use of the Customer’s Account after logging to the Online Store.
4. A Customer placing an order via the Online Store Website completes the order by selecting the Product that the Customer is interested in. The Product is added to the order by choosing the command “Add to basket” on the sub-site of the given Product presented on the Online Store Website. After completing the entire order and specifying the delivery method as well as the payment form in “Your basket”, the Customer places the order by sending the order form to CUMULUS by clicking “Order and pay” on the Online Store Website. Before the order is sent to CUMULUS, the Customer is informed of the total price for the selected Product and Delivery on a case-by-case basis. After the order is placed, the Customer is required to pay the full price and delivery costs.
5. By placing the order, the Customer submits a proposal to CUMULUS to enter into the Contract for the Sale of Products being the subject matter of the order.
6. A contract for the sale of goods is entered into in accordance with Polish law, and the language version that is binding for the interpretation of the contract is Polish.
7. After the order has been placed, CUMULUS sends an order confirmation to the e-mail address provided by the Customer, which confirms that the contract has been entered into, to which the Customer gives his/her consent. Then the order is given the following status: “New”.
8. Next, after the amount which the Customer was obliged to pay is posted, information about the payment made is sent to the e-mail address provided by the Customer. Then the order is given the following status: “Paid”.
9. At the moment of shipping the Product, a courier company sends shipment details to the e-mail address provided by the Customer, enabling the Customer to track the delivery of the shipment from CUMULUS to the Customer. Then the order is given the following status: “Shipped”.
10. Apart from the information that the Customer receives to his/her e-mail address, the Customer may also check the order status in his/her Customer’s Account on the Online Store Website.
11. Information about accepting an order for completion is a representation by CUMULUS on having accepted the proposal and the Sale Contract is entered into at the moment of the receipt thereof by the Customer.

 

§ 6 Payment forms
1. The Customer may choose the following forms of paying for the Products ordered:
1) prior to collecting the product ordered – payment by bank transfer to the account of the Online Store,
2) prior to collecting the product ordered – payment by online transfer via a payment getaway, such as Autopay or PayPal, however, payments in this form are made subject to the rules and regulations of those platforms,
2. Products ordered via the Online Store are delivered together with an invoice for the subject matter of the order issued by CUMULUS.

 

§ 7 Order completion and product delivery
1. A product ordered via the Online Store is to be delivered to the address specified by the Customer via courier companies with which CUMULUS cooperates. The shipping charge is calculated when placing an order and depends on the chosen country of delivery.
2. The order completion time is as follows: up to 5 weeks in the case of serial produced products and up to 12 weeks in the case of custom-made products, as of the date of entering into the contract.
3. The order completion time may be individually agreed with CUMULUS at the Customer’s initiative. In order to arrange a specific date, it is necessary to contact the Customer Service Centre at the following e-mail address: [email protected].
4. After completing the order, the product is shipped to the Customer. The anticipated delivery time in the Republic of Poland is 1 business day. The anticipated delivery time outside the borders of the Republic of Poland ranges from 1 to 7 business days, depending on the country of destination.
5. If some products covered by the order are not available, the Customer is informed thereof. The decision whether the order is to be partially completed or fully cancelled is made by the Customer.
5. If the Customer is not present at the address specified by the Customer at the moment of placing the order as the delivery address, the courier will leave a notification or try to contact the Customer by telephone in order to determine the date when the Customer will be present. If the Supplier sends the Product ordered back to the Online Store, CUMULUS will contact the Customer by e-mail or telephone in order to determine the Delivery date and cost with the Customer once again. Re-delivery costs are borne by the Customer.

 

§ 8 Right to renounce the contract
1. Pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights, a Customer being a Consumer who has entered into a contract with the Online Store remotely may, within 30 days, renounce this contract without providing any cause.
2. The running of the period for renouncing the contract starts on the day on which the Consumer took possession of the product or on which the third party indicated by the Consumer other than the carrier took possession of the product. In the case of a contract covering multiple items that are delivered separately, in batches or in parts, the running of the period for renouncing the contract starts on the day on which the Consumer took possession of the last of the items, the last batch or lot or on which the third party indicated by the Consumer other than the carrier took possession of the last of the items, the last batch or lot.
3. The Customer may renounce the sale contract by submitting a contract renunciation statement to CUMULUS by sending an unambiguous statement by e-mail to the following address: [email protected]. In order to observe the time limit, it is enough to send the statement before the time limit expires. For this purpose one can use the specimen statement attached below, however, this is not mandatory.
4. In order to observe the time limit, it is enough for the Customer to ship products before 30 days pass as of the day on which the Consumer took possession of the product to the following address: CUMULUS s.c., Opata Hackiego 19 street, 81-211 Gdynia, Poland, with an annotation “Return”. The product that is being returned should be sent back together with the invoice received with it.
5. If the contract is renounced, it is deemed not to have been entered into. If a Customer being a Consumer submits a contract renunciation statement before CUMULUS accepts his/her proposal, the proposal ceases to be binding.
6. Renouncing the contract is possible only when the product shows no signs of having been used, when it is complete and had not been damaged in any way. The Customer is liable for a reduction of the Product’s value as a result of using it in a manner that goes beyond what is necessary to determine the nature, features and functioning of the Product.
7. CUMULUS is obliged to refund to the Customer the amount equivalent to the product price paid immediately, though not later than within 14 days as of the receipt of the Customer’s statement on renouncing the sales contract. Money will be refunded within 14 business days. The payment will be refunded by CUMULUS using the same payment methods as those used by the Customer, unless the Customer clearly agreed to another payment refund method – in any case the Customer will not be charged any extra fees in connection with the payment refund. The payment may be refunded by bank transfer to the account specified by the Customer. The cost of shipping the product to the Customer and the cost of sending the product back are not refunded. The Customer is obliged to cover direct costs related to returning the product.
8. CUMULUS may refrain from refunding payments received from the Customer until receiving the Product back or until the Customer delivers proof of sending the Product back, depending on which of these events takes place earlier.
9. A Customer being a Consumer does not have the right to renounce the sales contract with respect to contracts where the Product is an item delivered in sealed packaging that cannot be returned after opening the packaging due to health protection or hygiene considerations if the packaging was opened after delivery.
10. Pursuant to Article 38 of the Act of 30 May 2014 on Consumer Rights, the Consumer does not have the right to renounce a contract entered into remotely with respect to contracts:
- for the provision of services if the entrepreneur performed the service in full subject to an explicit consent of the consumer who was informed, prior to the commencement of the performance, that the consumer would lose the right to renounce the contract after the completion of the performance by the entrepreneur;
- where the subject matter of performance is a non-prefabricated item, manufactured according to the consumer’s specification or used to satisfy the consumer’s individual needs;

 

§ 9 Complaint handling procedure
1. CUMULUS is obliged to provide products free of physical and legal defects to Customers. With respect to Customers, CUMULUS is liable for product defects on the rules specified in the provisions of the Act of 23 April 1964 – the Civil Code, in particular in Article 556 and subsequent ones of the Civil Code.
2. If the Product has a defect, the Customer may request that the defective Product be exchanged for one free of defects or that the defect be remedied. All and any complaints are handled within 14 days as of the receipt thereof. A defective product will be repaired or exchanged for a new product of full value, and should that be impossible, for instance because stocks have run out, CUMULUS will refund the equivalent of the product price to the Customer or offer other products available in the store to the Customer to choose from.
3. A Customer who performs rights related to Product defectiveness is obliged to deliver the defective item to the address of CUMULUS. The store does not accept any shipments sent back for cash on delivery. [The store] refunds standard costs related to sending back a product complained about to CUMULUS immediately after the complaint has been recognised. A description of the grounds for the complaint should be added to the Product sent back. Checking the shipment upon receipt is a necessary condition in order to take into account any claims of the Customer related to damage or theft while in transit.
4. The Customer may file a complaint with CUMULUS in connection with using gratuitous services provided by electronic means by CUMULUS. A complaint may be filed electronically, by sending it to the following address: [email protected]. A complaint may also be filed by standard mail to the address: CUMULUS s.c., Opata Hackiego 19 street, 81-211 Gdynia, with an annotation “Complaint”. In the complaint the Customer should describe the relevant problem. CUMULUS shall consider the complaint and reply to the Customer immediately, though not later than within 14 days as of the receipt of the complaint.

 

§ 10 Warranty
1. Products sold by CUMULUS may be covered by warranty provided by the Product manufacturer or distributor. Warranty covers all and any defects occurring through the fault of the manufacturer or the raw materials supplier. Warranty does not cover mechanical damage.
2. In the case of Products covered by warranty, information regarding the existence, duration and content of warranty is presented on a case-by-case basis on the Online Store Website and its content presented by CUMULUS is binding.
3. Other terms and conditions for using warranty are specified in the provisions of the Civil Code.

 

§ 11 Out-of-court methods of handling complaints and pursuing claims
1. If a dispute arises in view of the sales contract entered into, the parties will seek to resolve the case amicably. The law applicable to the resolution of disputes arisen in view of these Rules and Regulations or related to legal relations described therein shall be the law of the Republic of Poland.
2. Among other things, the Customer has the following options to use out-of-court methods of handling complaints and pursuing claims:
1) [the Customer] is entitled to apply to the Provincial Inspectorate of the Trade Inspector to institute mediation proceedings in order to amicably resolve a dispute between the Consumer and CUMULUS,
2) [the Customer] is entitled to apply to the amicable consumer court attached to the Provincial Inspectorate of the Trade Inspection to resolve a dispute arisen from the sales contract entered into.
3. It is voluntary to use out-of-court methods of handling complaints and pursuing claims and both parties must agree to such proceedings.
4. In order to institute proceedings, it is necessary to submit an appropriate application to the competent Provincial Inspectorate of the Trade Inspection, depending on the type of proceedings an application for mediation or an application for considering the case before an amicable consumer court. For convenience, application forms are available at the registry of each and every amicable consumer court and also on the websites of the Provincial Inspectorates of the Trade Inspection.
5. Detailed information about out-of-court methods of handling complaints and pursuing claims as well as the rules of access to these procedures is available at the headquarters and on the websites of district (municipal) consumer ombudsmen, grassroots organisations the statutory tasks of which include consumer protection, the Provincial Inspectorates of the Trade Inspection and also at the following addresses of the Office of Competition and Consumer https://www.uokik.gov.pl/consumer_protection_in_poland.php.
6. A Customer being a Consumer may get free assistance in a case of resolving a dispute between the Consumer and CUMULUS by taking advantage of free assistance provided by the district (municipal) consumer ombudsman or a grassroots organisation the statutory tasks of which include consumer protection, including the Polish Consumer Federation (website: www.federacja-konsumentow.org.pl).
7. Assistance in the resolution of cross-border disputes is provided by the European Consumer Centres Network. The addresses of these institutions are available on the website of the European Consumer Centre (website: www.konsument.gov.pl).
8. A Consumer may also commence to resolve a dispute online, via the platform available at the following address webgate.ec.europa.eu/odr or www.ec.europa.eu/consumers.
9. It is voluntary to use out-of-court methods of handling complaints and pursuing claims, described in particular in the Rules and Regulations, and both parties must agree to such proceedings, i.e. this requires a consent of the Customer on a case-by-case basis and a consent of CUMULUS on a case-by-case basis.

 

§ 12 Personal data and privacy policy
1. The privacy policy defines the rules for the protection of personal data of the Website Users.
2. The Personal Data Controller is Zdzisław Wylężek, operating a business under the business name of Zdzisław Wylężek CUMULUS, ul. Goplany 15, 81-524 Gdynia, Polish tax identification number NIP 5860219373, Polish business identification number REGON 008303125 and Jacek Wylężek, operating a business under the business name of CUMULUS Jacek Wylężek, ul. Goplany 15, 81-524 Gdynia, Polish tax identification number NIP 5862199870, Polish business identification number REGON 221836977, acting jointly as part of a civil law partnership under the name “CUMULUS Zdzisław Wylężek, Jacek Wylężek spółka cywilna”, ul. Goplany 15, 81-524 Gdynia, Polish tax identification number NIP 586-230-27-18, Polish business identification number REGON 363418280.
3. Personal data are processed in accordance with the Act on the Protection of Personal Data and the Act on Providing Services by Electronic Means.
4. An essential part of the registration or ordering procedure consists in the Customer providing their personal data, marked as obligatory, and giving consent to the processing of their personal data during the registration or ordering procedure. The personal data marked as obligatory are provided voluntarily; however, this is necessary for the purpose of registration or placing an order as well as completing and handling it. The personal data marked as non-obligatory are provided voluntarily and optionally.
5. The Customer gives consent to the processing of personal data by checking an appropriate box during the registration or ordering procedure.
6. The Controller uses its best efforts to protect the interests of the data subjects, and in particular ensures that the data collected by it are processed in accordance with the law, are collected for specific and lawful purposes and not subjected to further processing that is incompatible with such purposes; that the data are factually correct and adequate in relation to the purposes for which they are processed and stored in a form that allows the identification of the data subjects for no longer than it is necessary to achieve the purpose of processing.
7. The personal data collected are not made available to third parties, excluding transferring the data to an entity participating in the performance and settlement of the order, in particular for the purpose of delivering the goods ordered to the Customer, e.g. a courier company entrusted by CUMULUS with performing the delivery, as well as the hosting service provider. In the event where the goods ordered are paid for in advance, the data are also provided to the entity via which the transaction is settled.
8. The Customer has the right to access the content of their personal data, as well as rectify them. For this purpose, the Customer may log into their account on the Online Store Website and make the necessary changes.
9. The Customer has the right to obtain information on whether and to what extent their personal data are processed and also information about the purpose and scope of the processing of their personal data. To this end, the Customer should contact CUMULUS by e-mail at: [email protected]
10. In the event where the Customer gave consent to a service provided by electronic means, consisting in sending Newsletters free of charge, the e-mail address obtained is added to the mailing list and it is used exclusively for marketing purposes to send commercial information to the Customer by electronic means in the form of a Newsletter. Consent may be withdrawn at any time, without having to provide the reasons.
11. Consent to the service provided by electronic means, the subject of which is sending Newsletters free of charge, is given by the Customer by providing contact details when filling out the subscription form for the Newsletter or placing an order.
12. The company uses cookies, i.e. small text and numerical files that are recorded by the ICT system in the User’s ICT system (on the User’s computer, telephone or another device that is used to connect to the Website) when browsing through the Website, and that make it possible to subsequently identify the User if the User reconnects to the Website via the device (e.g. a computer or a telephone) on which such files were recorded.
13. Cookies collect data regarding the use of the Website by the User and their main aim is to make it easier for the User to use the Website, adjust the Website to the needs and expectations of a given User (personalise the Website subpages) or analyse the User traffic on the Website.
14. Cookies are used on the Website subject to the User’s consent. The User may give consent through appropriate software settings, in particular of the web browser, installed on the telecommunications device used by the User to browse through the content of the Website.
15. The Website User may also, at any time, limit or disable cookies in their browser through such settings so that the browser blocks cookies or warns the User before a cookie file is saved on the device that is used to browse through the content of the Website. However, in such a case, the Website may perform less efficiently, the User may have no access to some content and, in some extreme cases, the Website may not be properly displayed.
16. The Website uses Google Analytics – a web analytics service provided by Google Inc. (“Google”). As part of this service, cookie files are used, normally transmitted to Google and stored on its servers in the United States. You may refuse the use of cookies by selecting the appropriate settings in your browser; however, it should be borne in mind that then it might not be possible to use this website in full. You can also prevent the collection of data (including the IP address) generated by cookies relating to the way the User uses the website and prevent the processing of such data by Google by downloading and installing a browser plug-in available at: //tools.google.com/dlpage/gaoptout?hl=pl.
17. The Website features social media bookmarks to websites such as Facebook. The User is redirected to the website of the respective service provider after clicking on an image embedded on our website; only then is information about the User transferred to the relevant service provider. The use of the services in question is governed by the privacy policies of the respective service providers.
18. The Website uses social media plug-ins (“Plug-ins”) of facebook.com social network, operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). These plug-ins can be identified by one of the Facebook logos (a white “f” on a blue tile, the “Like” button or a “thumb up” symbol) or have the add-on: “Facebook Social Plug-in”. The list and appearance of Facebook social plug-ins can be viewed at: //developers.facebook.com/docs/plugins/. If the User is also a Facebook portal user and does not want Facebook to collect data about them and combine such data with the User’s data stored by Facebook, the User must log out of Facebook before visiting this website. Additional settings and the option to object to the use of data for advertising purposes are available in the Facebook profile settings at: //www.facebook.com/settings?tab=ads.

 

§ 13 Processing of Personal Data
1. Customer data will be processed for the following purposes:
1) performing the order and the Controller’s obligations under the sales contract – the legal basis for the processing is the necessity of processing to perform the sales contract (Article 6(1)(b) of the GDPR);
2) direct marketing of the Controller’s products and services, including for analytical purposes – the legal basis for the data processing is the necessity of processing to pursue the legitimate interest of the Controller(Article 6(1)(f) of the GDPR); the legitimate interest of the Controller is the ability to provide the Customer with information about the Controller’s services, to present offers that are tailored to the needs and interests of the Customer, and to increase the sales of the Controller’s services; an additional basis for direct marketing of the Controller’s products and services is the Customer’s consent (Article 6(1)(a) of the GDPR);
3) the correct operation of the website, in particular, the prevention and detection of abuse, as well as the optimisation of the website’s use to the extent to which cookies can collect data about the Customer’s online behaviours or the Customer’s IP address, collecting aggregated statistics, maintaining the User’s online shopping session (after logging in), thanks to which the User does not have to re-enter their login and password on each subpage of the website – the legal basis for the data processing is the Customer’s consent (Article 6(1)(a) of the GDPR);
4) establishing, exercising or defending legal claims – the legal basis for the data processing is the necessity of processing to pursue the legitimate interest of the Controller (Article 6(1)(f) of the GDPR);
2. The Controller will process the data:
1) for as long as the Customer has an account on the website;
2) until the Customer objects to the processing of their personal data for the purpose of direct marketing of the Controller’s products and services, including for analytical purposes, and;
3) for a period not longer than the limitation periods in civil and criminal cases, as determined in accordance with the applicable provisions of Polish law, to the extent to which the Customer’s personal data are processed for the purpose of establishing, exercising or defending legal claims;
4) as regards session cookies – for a period of up to two years or until they are deleted from the web browser; permanent cookies, in turn, will remain in the browser until their expiry or until they are deleted by the User from the browser.
3. The Customer has the right to access their data and the right to request their rectification, erasure or restriction of processing.
4. To the extent to which the basis for the processing of the Customer’s personal data is the legitimate interest of the Controller, the Customer has the right to object to the processing of their personal data.
5. To the extent to which the basis for the processing of the Customer’s personal data is their consent, the Customer has the right to withdraw such consent. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
6. To the extent to which the Customer’s data are processed in order to conclude and perform the contract or processed on the basis of consent – the Customer also has the right of data portability.
7. The Customer also has the right to lodge a complaint with a supervisory authority that is responsible for the protection of personal data.

 

§ 14 Final provisions
1. Contracts entered into via the Online Store are concluded in Polish. Other language versions of the rules and regulations are merely a translation of the Polish text, and in case of any discrepancies in the interpretation of the provisions of particular language versions, the Polish text of the contract and the rules and regulations shall prevail for the interpretation of the terms used in the contract.
2. CUMULUS respects all rights of Customers stipulated in the provisions of the law applicable in the territory of the Republic of Poland, in particular those stipulated in the provisions of the Act of 23 April 1964 – the Civil Code and the Act of 30 May 2014 on Consumer Rights.
3. CUMULUS reserves the right to amend these Rules and Regulations on legal or organisational grounds, subject to Paragraph 4.
4. If these Rules and Regulations are amended or if new rules and regulations are implemented, orders and reservations placed/made before the effective date of an amendment to the Rules and Regulations or new rules and regulations will be performed in accordance with the Rules and Regulations in the wording applicable on the day on which the Customer entered into the contract or placed an order, and new rules and regulations will apply only and exclusively to contracts entered into after the implementation thereof.
5. The provisions of the law generally applicable in the Republic of Poland shall apply to any matters not regulated in these Rules and Regulations, in particular the provisions of the Act of 23 April 1964 – the Civil Code, and in the case of Customers being Consumers – also the provisions of the Act of 30 May 2014 on Consumer Rights.
6. CUMULUS reports that there are threats in the case of using means of distance communication and also in the case of using services provided by electronic means, in particular related to the possibility of breaching the confidentiality of communications. CUMULUS takes measures aimed at ensuring IT security and it recommends that its Customers take such measures.
7. These Rules and regulations take effect as of May 19, 2021 and they apply to orders and contracts placed/entered into as of this day.