Terms & Conditions
§1 General stipulations
1. These Rules define the rules governing purchases made in the Store.
2. The terms listed below shall have the following meanings in these Rules:
a) Account or Client Account – a set of information about the Client, including
activities of the Client within the Store;
b) Consumer – an individual entering a legal act not directly related to their
business or professional activity with the Entrepreneur (art. 221 of the Civil Law
Code);
c) Corner – Corner App sp. z o.o. with its registered main office in Bielsko-Biała,
address: "ul. Piotra Czajkowskiego 15, 43-300 Bielsko-Biała", entered into the
registry of entrepreneurs maintained by the National Court Register with the no.
0000845429, REGON: 386261827, NIP (Tax ID): 5472219211; company capital
5.000 PLN, e-mail, contact@joincorner.com;
d) Customer or User – an individual person using the Store, with full legal capacity
(as a general rule, a person of at least 18 years of age), a legal person or an
organizational unit without a legal identity, granted legal capacity according to
the relevant Act;
e) Goods – goods available via the Store;
f) Individual Entrepreneur – an individual Client entering an agreement (including a
sale agreement entered into via the Store), directly related to their business
activity if the stipulations of such an agreement indicate that it has no
professional nature from the point of view of the Client, resulting in particular
from the business activity of the Client, as made available according to the rules
of the Central Database and Information on Business Activity;
g) Permanent Medium – a material or a tool enabling a Customer or entrepreneur
storage of information directed to them, in a way enabling future access to
information and for a period of time appropriate for the purpose of the
information, and which allows the stored information to be restored in theoriginal form (art. 2 p. 4 of the Act of 30th May 2014 on consumer rights,
Journal of Laws 2014, item 827);
h) Pre-order – a function enabling Goods not currently (physically) available at the
Store warehouse at the given time;
i) Rules – these rules;
j) Store or Internet Store – the internet store operating at addresses
www.corner.live, www.joincorner.com or available via the "Corner: Livestream
Shopping" application made available in App Store or in Google Play – managed
by Corner, via which Corner offers Goods to the Clients and provides electronic
services – as specified and outlined in these Rules;
k) Supplier – an entity, which is the manufacturer or the distributor of Goods,
executing the delivery of orders for Goods made by Customers according to
rules specified herein (as a Corner sub-contractor). The Supplier is not a party to
sale agreements entered into via the Store;
l) Working Days – all days of the week from Monday to Friday, excluding statutory
holidays.
3. Prices indicated in the Store:
a) are not an offer as understood to regulations of the Civil Law Code and only an
invitation to enter an agreement;
b) are specified as gross amount, in the currency selected by the Client from the
following currencies: Polish zloty (PLN), British pound sterling (GBP), American
dollars (USD), Euro (EUR) or Czech koruna (CZK);
c) do not include delivery costs and payment processing fees – which are decided
upon by the Client each time an order is made (according to §3).
§2 Account registration
1. The Clients may register with the Store website; this results in account registration.
2. The registration takes place as follows:
a) the Client fills in a registration form, available on the Store website (the form will
be displayed after the relevant sub-page of the Store is selected or when an
order is being made). A login and a password are required, and an e-mailaddress should be provided in order to register the Account. The Customer may
also save the following data in the Account: name and surname, delivery
address, telephone number, and the payment method;
b) The Rules and the cookie file policy should be accepted.
3. Once the registration form is filled, a message is sent to the e-mail address provided by the Client, asking for confirmation of the provided data by clicking the link provided in the message.
4. The Client may delete their Account in the Store at any time by sending an appropriate request to contact@joincorner.com
5. The Client may view their data within their Account and use the Store functionalities, depending on the Account's use after logging in. Logging in takes place by entering the correct login (the e-mail address provided during registration) and the password on the relevant sub-page of the Store. The Client shall be obliged to keep their password secret and not make the Account accessible to others.
6. Corner may remove an Account of the given Client if such a Client violates the
Rules, and in particular when the Client:
a) provided false, inaccurate, or invalid data during registration in the Internet
store, misleading or violating rights of third parties;
b) violated personal goods or rights of third parties using the Internet store, in
particular, personal goods or rights of other Clients of the Internet store;
In such cases, the Client may not register an account again.
7. Account removal does not influence the validity of prior legal acts made by and between Corner and the Client using the Store.
8. The name selected by the Client used to designate the Account in the Store, in
particular, the user name or another unique identifier of the Account may be
changed by Corner, if:
a) the name is misleading regarding the identity of the User;
b) the name uses words commonly understood as rude or vulgar;
c) if the User violates the law, including intellectual property rights.
§3 Ordering
1. The Client may purchase goods via the Store. To do so, the Client should add individual Goods to the "basket" and confirm the selection by clicking the appropriate option available on the Store website.
2. Once the list of the selected Goods is confirmed, the Client should:
a) specify the delivery and payment methods and confirm the total price of the
Goods (including VAT, customs fees, if any, as well as delivery and payment
costs – if applicable);
b) confirm the data stored in the Account, and in the case of Clients who are not
logged in – provide data indicated in §2 (excluding the telephone number, the
provision of which is voluntary) and accept the Rules, including the "privacy and
cookie file policy" (the Client may also log in instead).
3. In the end, if the final decision regarding the purchase of Goods is made according to conditions displayed by the Store, the Client should click "make an order with a payment obligation". Afterward, the order can no longer be changed.
4. Actions specified in §3 p. 1, 2 i 3 shall be understood as the Client making an offer to Corner with the intention to enter a sale agreement for Goods in the basked, at prices displayed by the system, with the specified delivery costs, etc. (see §3 p. 2).
5. When the Client makes an offer according to §3 p. 4, the Client shall receive a message with a written confirmation of conditions of the offer (order) made from Corner, via e-mail.
6. A sale agreement is entered into by and between the Client and Corner upon accepting the previously received offer (order) by Corner – as a message sent via e-mail. Such a message should include a copy of these Rules in a version accepted by the Client and binding for the given order, as well as information indicated in §3 p. 2 above. Confirmation of offer (order) submission, as indicated in §3 p. 5, shall not be understood as offer (order) acceptance.
7. The confirmation of the Agreement entered into by and between the Client and Corner, as indicated in p. 5 above, is sent automatically by e-mail (or, optionally, using other means of electronic communication), for information purposesonly. In the message indicated in the previous sentence, the parties of the Agreement shall receive data currently available in settings of their Accounts, i.e., name and surname, e-mail address, telephone number, address if the Client selects a delivery method for Goods, which requires a registration number to be assigned to the shipment, information about delivery tracking made by made available to Corner directly by the transport provider or by the Supplier. If the shipment number was provided, the Buyer should receive an additional e-mail message indicating the following data: (company) name of the transport provider, the register number for the shipment, and a link enabling delivery tracking.
§4 Payment
1. Corner provides and accepts the following payment methods:
a) payment using a Visa or Mastercard payment card;
b) the Paypal system;
c) the Apple Pay system;
d) the Google Pay system;
e) the Adyen system;
f) the Blik system;
g) collect on delivery payment.
The Client should indicate the selected payment method in the order form.
2. The payment cost depends on the selected payment method. The Client shall be informed about the payment cost for the given Goods before the order is made, according to §3.
3. Upon entering the sale agreement for the Goods, Corner shall issue a receipt to the Customer or, if requested by the Customer, a VAT invoice – and shall attach such a document to the Goods.
4. Payment for the Goods should be made before the delivery.
§5 Order execution and delivery of Goods
1. Corner shall start executing the order of the Client immediately once payment for the Goods is credited in the bank account of Corner.
2. Corner shall immediately inform the Client electronically about the bank account of Corner being credited with payments for the Goods.
3. The delivery method and address of the delivery should be specified by the Client in the order form.
4. The available delivery methods include:
a) Business shipment via Polish Post Office;
b) Fedex/UPS/DHL courier;
c) Inpost parcel machines.
5. The delivery cost depends on: the selected delivery method and the selected payment method. The Client shall be informed about the delivery cost for the given Goods before the order is made, according to §3.
6. The order execution time is a sum of time between the shipment being handed
over to the transport provider and the delivery time achieved by the transport
provider. Corner shall be obliged to hand the Goods over to the transport
provider within 2 days (28 days in the case of pre-orders) from the time the
order was accepted for execution. The delivery time for the shipment depends
on the selected delivery method and is as follows:
a) if sent by the Polish Post Office – 14 days;
b) if sent by a FedEx/UPS/DHL courier – 5 days;
c) if sent to the Inpost parcel machines – 5 days.
7. Orders containing Goods offered as pre-orders are executed within 2-28 working days, and payment for such Goods is made upon order making or collected on delivery, if the latter option was selected. Mixed orders, containing pre-ordered and standard Goods, shall be dispatched at the time the pre-ordered Goods are ready. The option of pre-orders applies to some Goods only and is available upon selection of Goods covered by pre-orders.
8. If the order cannot be executed within the deadline indicated in §5 p. 6 and 7 above, Corner may inform the Client about this fact via e-mail and reimburse the Client the entire received amount – unless the Client agrees to a longer deliverydeadline for the Goods. This applies, in particular, to Goods which require tailoring to the individual needs of the specific Client.
§6 Liability for faults
1. Corner shall be liable for faults of Goods according to rules outlined in generally effective legal regulations, in particular in regulations related to fault guarantee, included in art. 556 and the following of the Act of 23rd April 1964 Civil Law Code (i.e. Journal of Laws 2014, item 121).
2. Faults of goods (warranty complaints) may be made via e-mail, to the address
contact@joincorner.com or in writing, to the address of Corner, specified in §1.
In the contents of the warranty complaint, the Client should specify the
following, as applicable:
a) description of the fault, including, in particular: the nature of the fault, where did
it manifest;
b) fault discovery date;
c) the request of the Client regarding the raised complaint.
Wherein lack of any of the elements listed above in the complaint report made by the
Client who is a consumer or an Individual Entrepreneur shall not be an obstacle
in complaint processing. Sending complete documentation may accelerate the
procedure, though.
3. A Client executing their guarantee rights shall be obliged to deliver the faulty Goods at the expense of Corner, to the main office of Corner, at: ul. Czajkowskiego 15, 43-300 Bielsko-Biała.
§7 Right to withdraw
1. A Client who is a Consumer or an Individual Entrepreneur may withdraw from the Goods sale agreement without any particular reasons. The deadline for withdrawal from the Agreement shall be 14 days after the Client acquires the Goods or from the day on which a third person indicated by the Client (other than the transport provider) acquired the Goods.
2. In the case of an agreement including multiple items delivered separately, in batches or parts – the deadline for withdrawal from the Agreement shall be 14 days after the Client acquires the last item or from the day on which a third person indicated by the Client (other than the transport provider) acquired the last item.
3. Sending a declaration of withdrawal from the Agreement before the deadline shall be adequate for meeting the deadlines indicated in p. 1 and 2.
4. Withdrawal from the sale agreement entered into for Goods shall take place by the Client submitting a clear declaration of will to Corner. Such a declaration may be submitted using the form comprising Annex 1 to these Rules, it is not obligatory, however.
5. If the Customer withdraws from the Goods sale agreement as described in this
paragraph:
a) The Client should return the Goods to Corner, to the address "ul. Czajkowskiego
15, 43-300 Bielsko-Biała" immediately, and in any case not later than 14 days
after the date on which the Client withdrew from the Goods sale agreement.
The deadline shall be considered as met, if the Client returns the Goods before
the 14-day deadline. The Client shall cover the direct costs of return of the
Goods;
b) Corner shall return to the Client all payments received from the Client, including
the delivery costs of Goods (excluding additional costs resulting from selection
of a delivery method other than the least expensive, common delivery method
offered by Corner by the Client), immediately, and in any case not later than 14
days after the day on which the Client withdrew from the Goods sale
agreement;
c) Corner shall reimburse the payments using the same payment methods as
used by the Client in the original transaction, unless the Client agrees to a
different solution. In any case, the Client shall not bear any costs related to such
a return.
6. Corner may wait with payment reimbursement until the Goods are returned or until Corner receives a proof of such a return, with the earlier of the events being decisive.
7. The Client shall be liable for decreased value of the Goods caused by use of the Goods other than required to determine the nature, features and operation of the Goods.
8. The Client shall not have the right to withdraw as understood according to this
paragraph in relation to agreements indicated in art. 38 of the Act of 30th May
2014 on consumer rights (i.e. Journal of Laws 2017.683), including agreements:
a) in which the price or the remuneration depends on fluctuations on the financial
market, which are beyond the reasonable control of Corner and which may
occur before the agreement withdrawal deadline;
b) in which the subject of the service is a pre-fabricated item, produced according
to specifications of the Client or used to satisfy their individual needs;
c) in which the provided item is a consumable or a fast-moving goods;
d) in which the provided item is an item delivered in a sealed packaging, after the
opening of which the item may not be returned because of safety concerns or
hygienic concerns, if the packaging was opened after the delivery;
e) in which the provided items are items integrally joined with other items because
of their nature;
f) in which the provided items are alcoholic drinks, the price of which has been
agreed upon when the sale agreement was signed and the delivery of which
may take place only after 30 days and the value of which depends on market
fluctuations beyond the reasonable control of the company;
g) in which the Client clearly requested the company to visit the Client in order to
provide an urgent repair or maintenance; if the company additionally provides
services other than those required by the Client or delivers items other than
spare parts required to perform the repairs or maintenance, the Client shall have
the right to withdraw from the Agreement in relation to such additional services
or items;
h) in which the provided items include audio or visual recordings or computer
programs delivered in a sealed packaging, if such a packaging has been opened
after the delivery;
i) related to deliveries of daily newspapers, periodic magazines or other
magazines, excluding subscription agreements;
j) entered into as a result of a public auction.
§8 Personal data
1. The administrator of personal data of the Client is Corner, the data of which is indicated in §1 above. The Clients may contact Corner in matter related to personal data protection at the telephone number 600 125 654 or by e-mail, at contact@joincorner.com
2. Personal data of the Client shall be processed by Corner according to the generally effective regulations (including Regulation of the European Parliament and of the Council (EU) no. 2016/679 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC – hereinafter GDPR) – for a period of time of activities aimed at executing the purpose for which the data has been collected.
3. Corner processes personal data of the Clients in order to:
a) execute agreements on provision of electronic services, sale agreements, or
other agreements according to rules outlined herein – in particular related to
Account registration or making orders. The processing basis in this case is
execution of an agreement entered into with the Customer or undertaking
actions required by the Client before entering an agreement (art. 6 p. 1 ch. b
GDPR);
b) meet the legal obligations of Corner, in particular those related to correct
accounting records (art. 6 p. 1 ch. c GDPR);
c) promote goods or own services, as well as to create summaries, analyses and
statistics and to raise claims. Justified legal interests of Corner shall comprise
the processing basis in such cases (art. 6 p. 1 ch. f GDPR).
4. Data may also be processed by Corner in a wider scope, on the basis of a consent (art. 6 p. 1 ch. a GDPR). In such a case, the affected person shall have the right to withdraw their consent at any time – without impact on legal conformity of data processing which took place before the consent was revoked and on the basis of such a consent. Data shall be processed for aperiod of time resulting from the contents of the consent (or until the consent is revoked, with the earlier of the conditions being decisive.
5. In any case, disclosure of personal data by the Client is voluntary – with the exception that some data is required by Corner to execute the sale agreement entered into using the Store.
6. Personal data of the Client may be made available to third parties only if Corner is authorised or obliged to do so according to the effective legal regulations. Data recipients may include, in particular: operators of infrastructure or of IT systems, sub-contractors, persons providing services related to execution or improvement of the sale process (e.g. payment intermediaries, banks, advertising agencies, couriers or transport providers), as well as advisers (e.g. providing accounting or legal services) or auditors.
7. Personal data shall not be processed in a manner comprising profiling.
8. Personal data may be transferred to third countries by Corner (outside the European Economic Area). In such a case, data shall be protected as required according to generally effective regulations, in particular by using the so-called standard contractual clauses (SCC).
9. The Client shall have the right to access their personal data, correct, delete or limit processing of such data, the right to object against data processing, as well as the right to transfer data. The Client shall have the right to object, in particular when no basis for data processing exists or if the data is processed for the purpose of direct marketing.
10. If data processing constitutes a violation of the law, the Client shall have the right to raise a complaint with the supervisory authority – President of the Personal Data Protection Agency. Contact data of the PPDPA are available, in particular, at the website https://uodo.gov.pl/pl/p/kontakt.
§9 Technical requirements, prohibition of unlawful content publishing, complaints related to Store operation
1. Corner enables the Clients to use the following, free electronic services provided
through the Store (as understood according to the Act of 18th July 2002 onprovision of electronic services, i.e. Journal of Laws 2017.1219; hereinafter:
u.ś.u.d.e.):
a) providing the Store content;
b) entering Goods sale agreements with Corner via the Store, according to rules
specified herein;
c) communicating with other Clients through the Store – using text messages,
graphical message, photographs or video recordings available in the Store –
presented as live and recorded materials.
2. In order to use the aforementioned services, the Client should have a device enabling connection to the Internet and provided with an operating system, an Internet connection, the required software (Internet browser) and an e-mail account.
3. Agreements on provision of services indicated in §9 p. 1 are entered into by the Client making a relevant, individual data transfer request using an IT network (which may take place, in the case of §9 p. 1 ch. a by entering the Store website, and in the case of other services listed in §9 p. 1 – by filling and approving the relevant form within the Store). Said Agreement shall terminate upon their complete execution, and in the case of continuous services – by termination by any of the Parties, at any time. The relevant declaration may be sent to Corner by the Customer via e-mail, to the address contact@joincorner.com
4. The rules of Corner cookie file storage on devices of the Client and rules of Corner access to such cookie files are defined in the cookie file Policy, comprising an annex to these Rules.
5. The Client shall be obliged not to publish illegal content (e.g., comments) within the Store – including, in particular, content promoting violence, pornography or content violating the rights of third parties. If Corner receives an official notification or reliable information about the illegal nature of stored content delivered by the Client, Corner may prevent access to such contents.
6. If Client provides Corner with any content covered by intellectual property rights in relation to the use of the Store (e.g., comments, descriptions, photographs, videos, information about activities undertaken within the Store, etc.) – the Client hereby grants Corner a non-exclusive, transferable global licenceincluding the right to grant sub-licences, according to which Corner is authorised to use said content in any and all fields of use, in particular through content recording or duplication using all technologies, marketing, public broadcasting or displaying, distribution, providing access to the content at a location and at a time chosen by the User (via Internet), modifications, translations or creation of derivative works on the basis of the content, as well as distribution of such works. This licence shall expire upon removal of individual content from the Store. The User may remove individual content elements or all the content at once, by removing the Store account.
7. The Client shall be obliged not to:
a) use the Store in a manner interrupting its operation, in particular, by using
specific software or equipment;
b) undertake actions, such as: sending or introduction of unsolicited commercial
information (spam) within the Internet Store;
c) use the Internet Store in a manner causing inconvenience for other clients and
for Corner.
8. If the Client is not satisfied with the Store and its operation, they may make a complaint via e-mail, sent to the address: contact@joincorner.com The Client will be informed about how the complaint was processed at the e-mail address from which the complaint was sent, within 21 days after the day on which Corner receives the complaint.
9. These Rules, and this paragraph in particular, are also rules of services indicated in p. 1 as understood according to art. 8 u.ś.u.d.e. and is always available at the Store website. The conditions of creation and removal of a Client Account are defined in §2 above.
§10 Changes to the Rules
1. Corner shall have the right to change the stipulations of these Rules for valid
and important reasons. The important reasons include, in particular:
a) changes to Store functionalities;
b) changes to the effective legal regulations;
c) changes to the profile of Corner activity;d) changes to the type or scope of services (goods or services) offered via the
Store, or of the provision method of such services.
2. If the Rules change:
a) the registered Clients shall be informed about the changes via e-mail, to the
address indicated during registration – at least 14 days before the changes
become effective;
b) the registered Clients shall be asked to accept the changes to the Rules during
the next login.
3. Lack of acceptance of changes to the Rules shall be understood as termination of the Agreement on provision of electronic services indicated in §9 of these Rules, with immediate effect and Account removal – with the exception of §10 p. 4 below.
4. Changes to the Rules shall not have any effect on the rights acquired by the Clients, and in particular, on the orders already made – which shall be executed according to the currently effective rules.
§11 Final stipulations
1. Polish law is the law governing these Rules, as well as any and all agreements entered into while executing the Rules (in particular, including Goods sale agreements).
2. The European Commission provides at the http://ec.europa.eu/consumers/odr
address a platform for the Internet system for settlement of disputes between
consumers and entrepreneurs on the level of the European Union (the ODR
platform). The ODR platform is intended to facilitate independent, neutral,
transparent, effective, quick and just, extra-judicial settlement of disputes
between consumers and entrepreneurs on the Internet, related to contractual
obligations resulting from online sale agreements or agreements on provision
of services, entered between consumers residing in the EU and entrepreneurs
with their main offices within the EU. The e-mail address of Corner to be used
as a potential contact point for such matters is: contact@joincorner.com
Annex 1 to the Rules – withdrawal form (this form should be filled and sent only if the Client wishes to withdraw from an agreement)
Recipient: CORNER App sp. z o.o., ul. Piotra Czajkowskiego 15, 43-300 Bielsko-Biała, Poland
I/we (*) hereby inform (*) about my/our withdrawal from the sale agreement related to the
following items:
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| Date on which the agreement was signed (*) / collection took place (*) | |
| Name and surname of the client(s) | |
| Address of the client(s) | |
| Signature of the client(s) (only if the form is sent in a printed form) |
|
Date |
(*) Cross out as required.
