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TERMS AND CONDITIONS OF THE WEBSITE COSMOSMUZEUM.PL 

CONTENTS: 

  1. PRELIMINARY PROVISIONS
  2. GENERAL TERMS AND CONDITIONS OF USE OF COSMOSMUZEUM.PL
  3. ELECTRONIC SERVICES AT COSMOSMUZEUM.PL
  4. TERMS AND CONDITIONS OF THE SALES CONTRACT
  5. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
  6. THE COST, MEANS AND TIMING OF THE PRODUCT
  7. TERMS AND CONDITIONS OF TICKET USE
  8. CONDITIONS FOR USING THE VOUCHER
  9. CONTACT WITH THE SERVICE PROVIDER
  10. PROCEDURE FOR DEALING WITH COMPLAINTS
  11. STATUTORY RIGHT OF WITHDRAWAL
  12. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
  13. PROVISIONS CONCERNING TRADERS
  14. OPINIONS ABOUT THE MUSEUM
  15. ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE RULES
  16. WEBSITE COPYRIGHT
  17. FINAL PROVISIONS

Thank you for visiting our website provided at the following address https://cosmosmuzeum.pl (hereinafter as: "Internet service", "Service" or "Cosmosmuzeum.pl").

The formulation of these regulations implies the establishment of general terms and conditions for the use of the Website, in particular the terms and conditions under which the use of the electronic services available on the Website and the purchase of entrance tickets for exhibitions and other cultural events organised at the "Cosmos Museum" (hereinafter as: "Museum").

These terms and conditions, should you decide to use Cosmosmuzeum.co.uk, specifically govern your use of the Website and your purchases, including our liability.

We invite you to read the regulations

The Cosmosmuzeum.pl team

  1. PRELIMINARY PROVISIONS
  1. The owner of the Website and the "Cosmos Museum" is the company COSMOS MUZEUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (registered and correspondence address: ul. Łucka 15/3 00-842 Warsaw), entered in the Register of Entrepreneurs of the National Court Register under the KRS number: 0000773004; register court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XII Economic Division of the National Court Register; share capital amounting to: PLN 5000.00; NIP: 5272884234, REGON: 382653720, e-mail address: info@cosmosmuzeum.pl and contact telephone number: +48 501 157 610.
  2. These Terms and Conditions are addressed to all persons using the Website, unless a specific provision states otherwise. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, those provisions shall prevail.
  3. Terms used in these Terms and Conditions and beginning with a capital letter have the following meanings:
  1. DIGITAL SERVICES ACT - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the digital single market for services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1-102).
  2. TICKET - a type of Product available on the Website, a legal medium enabling its holder to enter the Museum under the conditions specified in these Terms and Conditions, the Visitor Regulations and in accordance with the detailed description of the Ticket purchased.
  3. WORKING DAY - one day from Monday to Friday excluding public holidays.
  4. ORDER FORM - Electronic Service, an interactive form available on the Website which allows the Order to be placed, in particular by adding a Product to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of payment.
  5. CIVIL CODE - Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).
  6. CONSUMER - a natural person for whom the use of the Website (including conclusion of a Sales Agreement) is not directly connected with his/her economic or professional activity. In addition, as of 1 January 2021 and for agreements concluded as of that date, the provisions concerning the Consumer shall also apply to a natural person for whom the use of the Website (including conclusion of a Sales Agreement) is directly related to his/her economic activity, when the circumstances indicate that it is not of a professional nature for that person, resulting in particular from the subject of his/her economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
  7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions on the Website and the Museum.
  8. ILLEGAL CONTENTS - information which, either in itself or by reference to an action, including the sale of Products or the provision of Electronic Services, does not comply with European Union law or with the law of any Member State which is in conformity with European Union law, irrespective of the specific subject matter or nature of that law.
  9. PRODUCT - Tickets, Vouchers or any other type of performance available on the Website, according to the description of the relevant Product, which may be the subject of a Sales Contract between the Customer and the Seller.
  10. REGULATIONS - these Website Terms and Conditions.
  11. VISITING REGULATIONS - separate rules and regulations of visiting the Museum, available on the website and at the reception desk of the Museum, which constitutes an integral part of the terms and conditions of the Contract of Sale of a Ticket between the Customer and the Seller.
  12. WEBSITE, SERVICE, COSMOSMUZEUM.PL - the website operated by the Service Provider and available at the Internet address https://cosmosmuzeum.pl
  13. SALES CONTRACT - the contract of sale of a Product concluded or entered into between the Customer and the Seller in accordance with these Terms and Conditions.
  14. ELECTRONIC SERVICE - service provided electronically by the Service Provider to the Client via the Website in accordance with the Terms and Conditions.
  15. USER, CUSTOMER - (1) a natural person with full legal capacity,
    and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity - using or intending to use the Website, including concluding or intending to conclude a Sales Agreement.
  16. SERVICE PROVIDER, SALESMAN - COSMOS MUZEUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (registered and correspondence address: ul. Łucka 15/3 00-842 Warsaw), entered in the Register of Entrepreneurs of the National Court Register under KRS no.: 0000773004; the register court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XII Economic Division of the National Court Register; share capital amounting to: PLN 5000.00; NIP: 5272884234, REGON: 382653720, e-mail address: info@cosmosmuzeum.pl and contact telephone number: +48 501 157 610.
  17. CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
  18. MUSEUM - "Cosmos Museum" museum run by the Service Provider and located at: ul. Łucka 15/3, 00-842 Warsaw.
  19. VOUCHER - a type of Product available on the Website, a legal medium entitling its holder to make a cashless Order for a Ticket (purchase a Ticket) in accordance with these Terms and Conditions, within a specified period and up to the nominal value recorded on it. The Voucher replaces the cash needed to pay for the Order for the selected Ticket.
  20. ORDER - the Customer's declaration of intent made using the Order Form and aimed directly at concluding a Voucher Sales Contract with the Seller.
  21. GENERAL TERMS AND CONDITIONS OF USE OF COSMOSMUZEUM.PL
  1. As part of the Website, the Service Provider provides information about the Museum and the exhibitions and other cultural events organised therein. The Website is also used to sell Products, including Tickets, which enable the holder to enter and use the Museum under the terms and conditions specified in these Regulations, the Visitor Regulations and in accordance with the specific terms and conditions of the purchased Ticket.
  2. The Client is obliged to use the Site in a manner consistent with its purpose and these Terms and Conditions, in accordance with the law and good morals, with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider, other Clients and third parties. The Client is obliged to enter factually correct data. The Client is prohibited from providing unlawful content, including Illegal Content.
  3. Technical requirements necessary to work with the ICT system used by the Service Provider: (1) computer, laptop, tablet, smartphone or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in the web browser.
  4. The administrator of the personal data processed on the Website in connection with the implementation of the provisions of these Terms and Conditions is the Service Provider. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the Website. The Privacy Policy primarily contains rules concerning the processing of personal data by the Service Provider on the Website, including the grounds, purposes and duration of the processing of personal data and the rights of data subjects, as well as information on the application of the
    cookies and analytical tools on the Website. The use of the Website, including the making of purchases, is voluntary. Likewise, the related provision of personal data by the user of the Website is voluntary, subject to the exceptions indicated in the privacy policy (conclusion and performance of the contract and the Service Provider's statutory obligations).
  5. ELECTRONIC SERVICES AT COSMOSMUZEUM.PL
  1. Any Service Recipient may use the Website under the conditions indicated in the Terms and Conditions.
  2. The use of the Website and its Electronic Services by Service Recipients is free of charge. 
  3. The following Electronic Services are available on the Website: Order Form and Newsletter.
  4. The complaint procedure concerning the Electronic Services is indicated in point. 10 of the Regulations.
  5. Order Form - The use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Website. Depending on the type of Product, its addition to the electronic shopping cart may be preceded by the selection of the type and quantity of the Product or other specific conditions of the Product (e.g. date and time of expiry of the Ticket). The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the box " " on the Website page after completing the Order Form.I buy and pay"Until this point, it is possible to modify the data entered (for this purpose, follow the messages displayed and the information available on the Website). In the Order Form, it is necessary for the Customer to provide the following details concerning the Customer: first and last name, address (street, house/flat number, postal code, town, country), e-mail address and payment method. In the case of a Voucher Product, it is also possible - if applicable - to add the content of the message and the e-mail address of the third party to whom the purchased Voucher is to be sent. For Service Recipients who are not Consumers, it is also necessary to provide a company name and VAT number.
  6. The Order Form Electronic Service is provided free of charge and is provided on a one-off basis and terminates when an Order is placed through it or when the Customer discontinues placing an Order through it in advance.
  7. Newsletter - The use of the Newsletter is effected by indicating under "Newsletter" visible on the Website of the e-mail address to which future editions of the Newsletter are to be sent and clicking on the field "Sign up" or any other similar action field. It is also possible to subscribe to the Newsletter, if such a possibility is made available, by ticking the appropriate checkbox when performing other actions on the Site, e.g. placing an Order - in such a case the Customer shall be subscribed to the Newsletter as soon as the Order is placed.
  8. The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: info@cosmosmuzeum.pl or in writing to the following address: Łucka Street 15/3 00-842 Warsaw.
  9. TERMS AND CONDITIONS OF THE SALES CONTRACT 
  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form on the Website in accordance with point. 3.13 of the Terms and Conditions.
  2. The price or remuneration for the Product displayed on the website of the Website is given in Polish zloty and includes taxes. About the total price or remuneration including taxes of the Product being the subject of the Order, and when the nature of the Product does not allow, judging reasonably, to calculate their amount in advance - the manner in which they will be calculated, as well as - if applicable - about the costs of delivery (including charges for transport, delivery and postal services) and other costs, and when it is not possible to determine the amount of these charges - about the obligation to pay them, the Customer is informed on the Website pages when placing an Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
  3. The procedure for concluding a Sales Contract on the Website using the Order Form is normally as follows:
    1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order on the Website in accordance with point. 3.13 of the Terms and Conditions.
    2. After the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an appropriate e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements about receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. As soon as the Customer receives the above email, the Sales Agreement between the Customer and the Seller is concluded.
  4. The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Website and (2) sending the Customer the e-mail message referred to in point. 4.3 letter b) of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Website.
  5. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
  1. The Seller shall make available to the Customer the following methods of payment for the Sales Contract:
    1. Payment by bank transfer to the Seller's bank account.
    2. Electronic and card payments via the Przelewy24.pl website - detailed information on current payment methods is available on the Cosmosmuzeum.pl website during placing an Order and on the website https://www.przelewy24.pl. Electronic and card payment services are provided by the company PayPro S.A. with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under the KRS number 0000347935, share capital: PLN 5,476,300.00, NIP 7792369887, REGON 301345068.
  2. The customer is obliged to make the payment immediately after placing the Order (clicking on the box "I buy and pay" on the Website). Otherwise, the payment session that has been initiated may expire and the Order placement and the conclusion of the Sales Contract shall not take place. The Customer may then repeat the Ordering process as the first time.
  3. In exceptional cases, such as the failure of the ICT system, which makes it impossible for the Customer to place and pay for the Order on the Website by themselves, the Seller may allow the Customer to pay in cash or by payment card directly when collecting the Product in person at the cash desk of the Museum.
  4. THE COST, MEANS AND TIMING OF THE PRODUCT
    1. The Seller shall make available to the Customer the following means of delivery of the Product:
  1. Personal collection of the Ticket or Voucher at the Museum box office during opening hours.
  2. Electronic transmission - in the absence of any information to the contrary next to the Product, it is assumed that each Ticket and Voucher is issued by default in digital form. Electronic transmission consists of sending the Product (i.e. in the case of a Ticket and Voucher, the unique code / identification number assigned to that Ticket or Voucher) to the Customer's email address provided when placing the Order.
  1. Personal collection as well as electronic delivery of the Product to the Customer are free of charge.
  2. The issue of the Product to the Customer takes place (i) within 2 Business Days of the date on which the Seller's bank or settlement account is credited - in the case of an Order placed and paid for with electronic delivery of the Product, or (ii) directly upon purchase at the Museum's checkout - in the case of an Order paid for with personal collection at the Museum's checkout, unless a different deadline is specified next to the Product in question or when placing the Order. In the case of Products with different dates of delivery or readiness for collection, the date of delivery or readiness for collection shall be the longest date given.
  3. TERMS AND CONDITIONS OF TICKET USE
  1. The Ticket enables the Ticket Holder to enter the Museum and participate in exhibitions or other cultural events organised within the Museum on the conditions stipulated in these Regulations, the Rules and Regulations of Visiting (or separate, specific rules of a given exhibition or event - if applicable to a particular type of Ticket) and, most of all, in accordance with the specific terms and conditions of the purchased Ticket, specifying, among other things, the date and time of validity of the Ticket (the date of visit) and the number of persons entitled to enter on the basis of the Ticket.
  2. Tickets are not named - the Customer may transfer them to another person before they are used, but may not sell them for more than the nominal price for which they were purchased on the Website.
  3. CONDITIONS FOR USING THE VOUCHER
  1. The Service Provider also sells Vouchers, which replace the cash of the nominal value written on them and thus enable the cashless completion of the Ticket Order (purchase of a Ticket) under the terms and conditions set out in these Terms and Conditions. The following terms and conditions apply unless otherwise expressly stated when purchasing the relevant Voucher.
  2. The Voucher is issued to the bearer in digital form only (as a computer file sent by e-mail) and bears an individual identification number which enables its redemption. The method and date of delivery of the Voucher are governed by the provisions of section 6 of the Terms and Conditions.
  3. Each Voucher has a validity period from the date of issue. Unless otherwise stated in the Voucher, it is valid for a period of 12 months.
  4. The voucher can be used once for the purchase of a selected Ticket and no later than the expiry of its validity period.
  5. To redeem a Voucher, simply enter and validate its unique identification number in the appropriate field of the Order Form when placing an Order for a Ticket on the Website. The Customer will be informed of the correct application of the Voucher by an appropriate message on the Website.
  6. The Voucher is not exchangeable for a cash equivalent (in whole or in part) or any other form of compensation. The value of the Voucher is not subject to interest or valorisation. The reservation referred to in this section is not intended to exclude or limit any statutory rights of Consumers granted by generally applicable law.
  7. The Voucher cannot be used to purchase another Voucher.
  8. If a refund is required for any reason for a transaction made using a Voucher, the refund shall be in the form of a new Voucher, unless otherwise agreed between the Customer and the Service Provider. Where the Customer's payment exceeded the value of the Voucher held, the remaining amount paid in excess of the value of the Voucher shall be refunded by the Service Provider in accordance with the original payment method used by the Customer. 
  9. CONTACT WITH THE SERVICE PROVIDER
The main form of ongoing remote communication with the Service Provider is by electronic mail (e-mail: info@cosmosmuzeum.pl), through which information may be exchanged with the Service Provider concerning the use of the Website and purchases made therein. Clients may also contact the Service Provider in other ways permitted by law, using the contact details indicated at the beginning of the Terms and Conditions.
  1. PROCEDURE FOR DEALING WITH COMPLAINTS
  1. This Section 10 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints made in connection with the operation of the Website and the Museum, including those relating to the purchase of Tickets and Vouchers, as well as Electronic Services provided by the Service Provider.
  2. The basis and scope of the Service Provider's/Seller's liability towards the Service Recipients/Customers are defined by generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344, as amended).
  3. Complaints can be submitted directly to the Service Provider/Seller, in particular in writing to the address: ul. Łucka 15/3 00-842 Warsaw or by e-mail to: info@cosmosmuzeum.pl.  
  4. You are advised to include in the description of your complaint: (1) information and circumstances regarding the subject matter of the complaint, in particular the nature and date of the irregularity; (2) your expectations or claims; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints made without the recommended description of the complaint.
  5. If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the Service Provider/Seller.
  6. Evidence (e.g. photos, documents) relating to the subject of the complaint may be attached to the complaint by the complainant. The Service Provider/Seller may also ask the complainant to complete or provide additional information and send evidence (e.g. photographs) if this will facilitate and speed up the processing of the complaint. 
  7. The Service Provider/Seller will respond to the complaint immediately, but no later than within 14 calendar days of receipt.
  8. STATUTORY RIGHT OF WITHDRAWAL
  1. A consumer who has concluded a contract with the Service Provider at a distance may withdraw from the contract within 14 calendar days without stating a reason and without incurring costs, subject to the cases set out in subsection 11.2 below and the costs indicated in subsection 11.3 below.
  2. The service provider informs that there is no obligation to accept returns of purchased Tickets to the Museum - the legal basis is the provisions of the Consumer Rights Act, pursuant to which the right to withdraw from a distance contract shall not be entitled to Consumer in relation to, inter alia, a contract the subject of which is:
  1. provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services in connection with leisure, entertainment, sporting or cultural events, if the date or period of the service is specified in the contract (Article 38(1)(12) of the Consumer Rights Act); and
  2. other services, if the Service Provider has performed the service in full with the express consent of the Consumer, who has been informed prior to the performance that after the Service Provider has performed the service, he will lose the right to withdraw from the contract (Article 38(1)(1) of the Consumer Rights Act). 
  1. If the consumer exercises his right of withdrawal after having requested the beginning of the performance before the end of the withdrawal period referred to in point 11.2(b) above, he is liable to pay for the performance of the trader up to the moment of withdrawal. The amount of payment shall be calculated in proportion to the extent of the performance, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.
  2. Sending the declaration before the deadline is sufficient to meet the deadline. The declaration of withdrawal may be made, for example, in writing or by e-mail in accordance with the Service Provider's contact details provided at the beginning of these Regulations. For this purpose, the Consumer may use the model withdrawal form contained in Annex No. 2 to the Consumer Rights Act and additionally attached to these Terms and Conditions, but this is not obligatory. 
  3. The period for withdrawal shall begin:
  1. for a contract in performance of which the trader delivers the goods under an obligation to transfer the ownership thereof, from the taking possession of the goods by the consumer or a third party designated by the consumer other than the carrier and, in the case of a contract which: (1) comprises a number of goods which are delivered separately, in lots or in parts - from taking possession of the last good, lot or part, or (2) consists in the regular delivery of goods for a fixed period of time - from taking possession of the first good;
  2. for other contracts (e.g. the subject of which is the provision of services), from the date of conclusion of the contract.
  3. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded. In the event that the Consumer withdraws from the contract, the trader is obliged to reimburse all payments made by the Consumer (subject to the costs of the performance commenced, as referred to in point. 2 above). The Entrepreneur shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer.
  4. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
  1. Out-of-court dispute resolution methods include (1) allowing the parties' positions to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (conciliation court). Detailed information on the possibility for a Customer who is a Consumer to use out-of-court ways of dealing with complaints and pursuing claims, rules of access to these procedures and a friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/
  2. There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, inter alia, to provide consumers with information on out-of-court settlement of consumer disputes. The point can be contacted by the Consumer: (1) by telephone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
  3. The consumer has the following examples of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court; (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection; or (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (open weekdays from 8:00 a.m. to 6:00 p.m., call charge as per operator's tariff).
  4. [Important! The possibility to submit complaints via the ODR platform expires on 20 March 2025 and the platform itself will be abolished on 20 July 2025]. At http://ec.europa.eu/odr a platform for online dispute resolution between consumers and traders at EU level (the ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the platform itself or the website address of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
  5. PROVISIONS CONCERNING TRADERS
  6. This section 13 of the Terms and Conditions and all provisions contained therein are not addressed to and therefore not binding on Service Recipients/Customers who are Consumers, unless the application to them of the provisions contained in this section of the Terms and Conditions is not prohibited.
  1. The Service Provider/Seller is entitled to withdraw from the contract concluded with the Client/Customer within 14 calendar days of its conclusion. Withdrawal from the contract in this case may take place without giving any reason and does not give rise to any claims on the part of the Client/Customer against the Service Provider/Seller.
  2. The Service Provider/Seller is entitled to take steps at any time to verify the truthfulness, reliability and accuracy of the information provided by the Client/Customer, in particular that provided during the Order placement by the Client/Customer. In the scope of verification, the Service Provider/Seller is entitled, inter alia, to request the Service Recipient/Client to send a scan of his/her certificates, certificates or other documents necessary for the verification. During the verification referred to in the preceding sentence, the Service Provider is entitled to suspend the execution of the Order by the Client/Customer for the duration of the verification.
  3. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.
  4. Any delay or non-performance of the contract by the Service Provider/Seller shall not constitute grounds for the Service Recipient/Customer to withdraw from the contract or to claim compensation for losses incurred or other equivalent payments if the non-performance or improper performance of the contract was caused by factors for which the Service Provider/Seller is not responsible and to which it did not contribute.
  5. The Service Provider shall not be liable to the Client/Customer for damages and non-fulfilment of obligations resulting from force majeure events (e.g. unannounced power or Internet outages, hacking attacks, natural disasters, epidemics, wars, riots, unrest, floods, fires, earthquakes, labour strikes, acts of the executive or legislative authorities) or any other causes beyond the Service Provider's reasonable control.
  6. The liability of the Service Provider/Seller towards the Client/Customer, irrespective of its legal basis, is limited - both as part of a single claim as well as for all claims in total - to the amount of the price or remuneration paid for the contract concluded, with the proviso that where the claim is related exclusively to a given performance (e.g. Product), the liability of the Service Provider/Seller is limited to the price or remuneration paid for this performance only (e.g. Ticket or Voucher), and in any case to no more than the amount of the PLN 500.00 (in words: five hundred). The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Client/Customer against the Service Provider/Seller, including in the absence of any contract or unrelated to the contract in question. The Service Provider/Seller shall only be liable to the Client/Customer for typical damages foreseeable at the time of the conclusion of the contract, caused by intentional fault or gross negligence. The Service Provider/Seller is not liable to the Service Recipient/Customer for lost profits.
  7. All disputes arising between the Service Provider/Seller and the Client/Customer shall be submitted to the court having jurisdiction over the seat of the Service Provider/Seller.
  8. OPINIONS ABOUT THE MUSEUM
    1. The Service Provider may provide feedback on its Products and the Museum on the Website.
    2. The expression of opinions is possible, for example, by means of a dedicated feedback form, which may be made available directly on the Website (including by means of an external widget of a service that collects opinions in cooperation with the Service Provider) or sent to the Customer by e-mail after the purchase. The Customer may also share his/her opinion about the Website and its Museum or Products in individual communication with the Service Provider or on its profiles, discussion groups on social networks or on other external opinion aggregation services with which the Service Provider does not actively cooperate, in accordance with the rules and regulations of these places for adding opinions.
    3. The Service Provider may make two types of opinions available on the Website - verified opinions and unverified opinions.
  1. A verified review is a review that can only be given by an opinionator who has actually purchased a Product, including a Ticket, on the Website or visited the Museum - and is marked "Opinion reviewed" or by other equivalent means. Verified Opinions shall be verified by the Service Provider or a third party acting on its behalf, e.g. an external opinion aggregation service with which the Service Provider cooperates, as to whether the reviewer has actually made a purchase on the Website, in accordance with the procedure indicated in these Terms and Conditions or the rules of the opinion aggregation service. 
  2. An unverified review is a review that may have been issued either by an opinionator who has purchased a Product, including a Ticket, on the Website or visited the Museum, or by an opinionator who has neither purchased nor visited the Museum - and is marked as "Unverified opinion" or in another equivalent manner. Unverified opinions are those for which neither the Service Provider nor a third party acting on its behalf, e.g. a third-party opinion aggregation service with which the Seller cooperates, have been or could not be verified as to whether the reviewer has actually made a purchase on the Website.
  3. The service provider shall ensure that published opinions marked as "Opinion reviewed" came from reviewers who are actually Clients of the Website or have visited its Museum. To this end, the Service Provider takes the following measures to verify that these opinions come from its actual Customers: 
  1. The Service Provider sends its Customers (including through an external feedback service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase - in this way, access to the feedback form is granted only to the Customer who has purchased a Product, including a Ticket to the Museum, on the Website. In addition, in order to lend credibility to the reliability of an opinion about a visit to the Museum, the Service Provider ensures that a message with a link to the form and an invitation to express an opinion through it is sent to the Client's e-mail address only after the date of the visit specified on the purchased Ticket.
  2. Any comments, appeals against the verification of an opinion, or objections as to whether a given opinion comes from an actual customer of the Museum or whether a given customer has purchased a Product, including a Ticket to the Museum, via the Online Service, may be submitted in the manner analogous to the complaint procedure indicated in point 10 of the Terms and Conditions.
  1. In the case of opinions labelled as "Unverified opinion" The Service Provider does not verify or is not in a position to verify them in terms of whether the reviewer has actually made a purchase on the Website or visited its Museum - unverified opinions are most often opinions coming from external opinion aggregation services with which the Service Provider does not actively cooperate and which do not themselves verify the reliability of the opinions added therein (e.g. the Service Provider's social media profiles, etc.).
  2. Opinions may be made available directly on the Website (e.g. on the homepage, next to the Product to which they relate or in a dedicated section with opinions from Customers) - in each case with a clear indication whether they are verified or unverified opinions, in accordance with the preceding provisions.
  3. In the event of doubts by the Service Provider or objections addressed to the Service Provider by other Clients or third parties as to whether a particular opinion comes from a Client or whether a Client has actually visited the Museum, the Service Provider reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Client of the Website or has actually visited its Museum.
  4. Adding opinions by Clients may not be used for illegal activities, in particular for activities constituting unfair competition or activities infringing personal rights, intellectual property rights or other rights of the Service Provider or third parties. The Client, when adding an opinion, is obliged to act in accordance with the law, these Regulations and good manners.
  5. The Service Provider shall not post or have another person post false opinions or recommendations of Clients and shall not distort the opinions or recommendations of Clients in order to promote the Museum or Products on the Website. The Service Provider provides both positive and negative reviews. The Service Provider does not post sponsored reviews.
  6. ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE RULES
    1. This section of the Terms and Conditions contains provisions under the Digital Services Act insofar as they relate to the Website and the Service Provider. As a general rule, the Customer is not obliged to provide content when using the Website, unless the Terms and Conditions require the provision of specific data (e.g. data for placing an Order). The Client may also have the option to provide and store data using tools provided by the Service Provider for this purpose. In any case of supply of content by the Client, the Client is obliged to comply with the rules contained in the Terms and Conditions.
    2. CONTACT POINT - The service provider shall designate an e-mail address info@cosmosmuzeum.pl as a single point of contact. The point of contact shall enable the Service Provider to communicate directly with Member State authorities, the European Commission and the Digital Services Board and shall at the same time enable recipients of the service (including Customers/Service Recipients) to communicate directly, quickly and in a user-friendly manner with the Service Provider by electronic means for the purpose of applying the Digital Services Act. The Service Provider shall indicate the Polish language and the English language for communication with its point of contact.
    3. Procedure for reporting Illegal Content and acting under Article 16 of the Digital Services Act: 
  1. At the e-mail address info@cosmosmuzeum.pl any person or any entity may report to the Service Provider the presence of specific information that the person or entity considers to be Illegal Content.
  2. The request should be sufficiently precise and adequately justified. To this end, the Service Provider shall allow and facilitate the submission of notifications to the above-mentioned e-mail address containing all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and e-mail address of the person or entity making the report, except for a report relating to information deemed to be related to one of the offences referred to in Art. 3 to 7 of Directive 2011/93/EU; and (4) a statement affirming the good faith belief of the reporting person or entity that the information and allegations contained therein are correct and complete.
  3. The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for the purposes of Article 6 of the Digital Services Act in relation to the information to which it relates if it enables the Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information concerned.
  4. Where the notification contains the electronic contact details of the person or entity that made the notification, the Service Provider shall without undue delay send such person or entity an acknowledgement of receipt of the notification. The Service Provider shall also notify such person or entity without undue delay of its decision with regard to the information to which the notification relates, providing information on how to appeal against the decision taken.
  5. The Service Provider shall consider all notifications it receives under the mechanism referred to above and shall make decisions with regard to the information to which the notifications relate in a timely, non-arbitrary and objective manner and with due diligence. Where the Service Provider uses automated means for the purposes of such processing or decision-making, it shall include information to this effect in the notification referred to in the preceding paragraph.
  6. Information on the restrictions that the Service Provider imposes in connection with the use of the Website, in relation to the information provided by the Client:
  7. The following rules apply to the provision of any content on the Website:  
  1. the obligation to use the Website, including the posting of content (e.g. within the context of Orders), in accordance with its purpose, these Terms and Conditions and in a manner consistent with the law and good morals, bearing in mind respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties;
  2. an obligation to enter content that is factually correct and not misleading;
  3. prohibition of the supply of unlawful content, including the supply of Illegal Content; 
  4. prohibition on sending unsolicited commercial communications (spam) via the Website;
  5. a prohibition on the supply of content which violates generally accepted netiquette rules, including content which is vulgar or offensive;
  6. the obligation to hold, where necessary, all required rights and authorisations to provide such content on the Website, in particular copyrights or the required licences, authorisations and consents to use, distribute, make available, or publish such content, in particular the right to publish and distribute on the Website, and the right to use and distribute an image or personal data in the case of content that includes an image or personal data of a third party.
  7. the obligation to use the Website in a manner that does not pose a security risk to the Service Provider's ICT system, the Website or third parties.
  1. The Service Provider reserves the right to moderate the content provided by the Clients on the Website. Moderation is carried out in good faith and with due diligence and on the Service Provider's own initiative or upon notification received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions or to prevent access to it or to take the necessary measures to comply with European Union law and national law compatible with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions. 
  2. The moderation process may be carried out manually by a human being or may rely on automated or semi-automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Terms and Conditions. Once such content has been identified, the Service Provider shall decide whether or not to remove or disable access to the content or otherwise limit its visibility or take any other action it deems necessary (e.g. contacting the Client to clarify objections and amend the content). The Service Provider will inform the Client who provided the content (if it has his/her contact details) in a clear and easily understandable manner of its decision, the reasons for its decision and the options available to appeal the decision.
  3. In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms. 
  1. Any comments, complaints, claims, appeals or objections concerning the decisions or other actions or lack of actions taken by the Service Provider on the basis of a notification received or a decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaint procedure indicated in section 10 of the Regulations. The use of this procedure is free of charge and allows complaints to be submitted electronically to the e-mail address provided. The use of the complaint procedure shall be without prejudice to the right of the person or entity concerned to institute legal proceedings and shall not affect his/her other rights.
  2. The Service Provider shall deal with any comments, complaints, complaints, appeals or objections concerning a decision or other action or inaction taken by the Service Provider on the basis of a notification received or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the notification is unjustified or that the information complained of is not illegal and does not comply with the Terms and Conditions, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to whether to remove or prevent access to the content or otherwise restrict its visibility or take such other action as it deems necessary.
  3. Service Recipients or other persons or entities who have made a report of Illegal Content and to whom decisions of the Service Provider regarding Illegal Content or content not complying with the Terms and Conditions are addressed, shall have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes concerning these decisions, including in relation to complaints that have not been resolved through the Service Provider's internal complaint handling system.
  4. WEBSITE COPYRIGHT
  5. Copyright and intellectual property rights in the Website as a whole and in its individual elements, including content, materials, photographs, images, graphics, recordings, works, designs and signs available within its framework belong to the Service Provider or other authorised third parties and are protected by Copyright Law and other provisions of generally applicable law. The protection granted to the Website covers all forms of its expression.
  6. The trade marks of the Service Provider and third parties should be used in accordance with the applicable legal provisions.
  7. FINAL PROVISIONS
  1. Contracts concluded via the Website shall be concluded in the Polish language and in accordance with Polish law.
  2. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, that is: changes to the law; changes to the methods and deadlines of payment or delivery of the Product; changes, addition or deletion of the Electronic Services provided; the need to counteract unforeseen and imminent risks related to the protection of the Website, including the Electronic Services and the Clients/Customers from fraud, malware, spam, data breaches or other cyber-security risks; improvement of the quality of service to Clients/Customers - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
  1. Notice of the proposed changes shall be sent at least 15 days in advance of the effective date of such changes, subject to change may be made without observance of the 15 day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms and Conditions in a manner that prevents it from complying with the 15-day notification period; or (2) needs to amend its Terms and Conditions on an exceptional basis to address an unforeseen and imminent threat related to the protection of the Website, including the Electronic Services and the Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, the implementation of changes shall take place with immediate effect, unless a longer implementation period is possible or necessary, which shall be notified by the Service Provider in each case.
  2. In the case of contracts of a continuous nature (e.g. provision of the Electronic Newsletter Service), the Customer has the right to terminate the contract with the Service Provider before the expiry of the notification period of the proposed changes. Such termination shall take effect within 15 days of receipt of the notification. In the case of the conclusion of a continuing contract, the amended Terms and Conditions shall be binding on the Service Recipient if the Service Recipient has been duly notified of the changes in accordance with the notification period prior to their introduction and has not terminated the contract during this period. In addition, at any time after being notified of the changes, the Service Recipient may accept the changes being made and thus waive the continuation of the notification period. In the case of the conclusion of a contract of a nature other than continuous contracts, the amendments to the Terms and Conditions will in no way affect the rights acquired by the Service Recipient prior to the effective date of the amendments to the Terms and Conditions; in particular, the amendments to the Terms and Conditions will not affect any Orders already placed or submitted and any contracts already concluded, executed or performed.
  3. In the event that an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the consumer has the right to withdraw from the contract.
  4. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on provision of services by electronic means of 18 July 2002 (i.e. Journal of Laws of 2020, item 344, as amended); Act on Consumer Rights; Copyright; and other relevant provisions of commonly applicable law.

Thank you for your attentive reading!

If you have any questions, we are always at your disposal - please contact us using the details provided in the introduction.

We invite you to purchase and visit our Museum

The Cosmosmuzeum.pl team

ANNEX 1 TO THE RULES OF PROCEDURE
MODEL WITHDRAWAL FORM 
(ANNEX 2 OF THE CONSUMER RIGHTS ACT)


Model withdrawal form
(this form must be completed and returned only if you wish to withdraw from the contract)

- Addressee: 

COSMOSMUZEUM LIMITED LIABILITY COMPANY
15/3 Łucka Street 00-842 Warsaw
info@cosmosmuzeum.pl

- I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/the contract for the provision of the following service(*) 

- Date of conclusion of contract(*)/receipt(*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if the form is sent on paper)

- Date

(*) Delete as appropriate.

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