Regulations

Terms and Conditions of the Online Store

Titan WINS

Date of last update: [18.05.2022 r.]

§ 1 Subject matter of the Regulations
  1. The Rules and Regulations set out the principles for the provision of services by electronic means by the Service Provider to Users (collectively referred to as the Parties) as part of an online store (hereinafter referred to as the Store) and the principles for the sale of Goods as part of the Store.
  2. The Regulations shall apply to all Services provided by the Service Provider within the scope of the Store, with the proviso that the provisions of additional agreements concluded between the Parties, if any, shall apply first.
  3. The principles of protection of Users' privacy, including the processing of their personal data shall be determined by the Privacy Policy.
  4. The issue of contractual terms of sale, in particular the terms of delivery and receipt of goods, orders, warranty, intellectual property rights and payment within the Store shall be governed by the General Terms and Conditions of Sale. In the event of a conflict between the General Terms and Conditions of Sale and the Regulations, the provisions of the Regulations shall apply.
§ 2 Definitions

Terms used in the Regulations are given the following meanings:

  1. CSD - Customer Service Department of the Service Provider;
  2. Advisor - the Service Provider's representative directly involved in assisting the Customer in making Orders, concluding and executing the sales contract concluded with the Service Provider through the Store and in operating the Store;
  3. Payment Service Provider - PayPro S.A., based in Poznań at: Kanclerska 15 Street, 60-327 Poznań, NIP: 7792369887, REGON: 301345068,, entered in the National Court Register under KRS number: 0000347935, with a share capital of PLN 5,476,300.00, paid in full, which includes the payment system Przelewy24 (available at: www.przelewy24.pl), processing payments made through the Store;
  4. Password - means a string of characters used to identify the User when logging in;
  5. Customer or Service Recipient - means an entity concluding a contract for the sale of Goods with the Service Provider, who:
  • has a main account in the Store or
  • has placed an Order without having a master account.

The Client, as defined in the Regulations, may become an Entrepreneur or a Consumer, after accepting the Regulations.

  1. Consumer - a natural person who enters into a contract with the Seller through the Store, the subject of which is not directly related to his/her business or professional activity (in accordance with Article 221 of the Act of 23 April 1964 - Civil Code);
  2. Login - means an e-mail address or other unique identifier used to identify the User in the Store;
  3. OWS - the General Terms and Conditions of Sale for Business Customers, which the Customer/Service Recipient may read on the WINS website (www.wins.tytan.pl) under Terms and Conditions; (Download)
  4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing in its own name a business that uses the Store;
  5. Individual Entrepreneur - a natural person who enters into a contract directly related to his/her business, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity (in accordance with Article 3855 of the Act of April 23, 1964. - Civil Code and Article 38a of the Act of May 30, 2014 on Consumer Rights);
  6. Store - a collection of websites and IT tools (Internet service) managed by the Seller and allowing Users to conclude sales agreements or agreements for the provision of electronic services, available under the Internet domain: www.wins.tytan.pl;
  7. Customer Representative - means a User whose account has been added by the Customer to the main account and who may place Orders in the name and on behalf of the Customer, and thus conclude a contract for the sale of Goods with the Seller;
  8. Vendor or Service Provider - shall mean Selena Digital Distribution Sp. z o.o. with its registered office in Wrocław, 48A Legnicka Street, 54-202 Wrocław
  9. entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław Fabryczna in Wrocław, VI Commercial Department of the National Court Register under KRS number 0000907293, NIP number 8971892991, REGON number 389253805, with a share capital of PLN 5,000,
  10. Status - status of the Order execution;
  11. Goods or Goods - means the Goods or Goods offered by the Seller as part of the Store;
  12. Agreement of sale - a paid agreement concluded in the Store under the terms of the Regulations and GTS between the Seller and the Customer, the object of which is the sale of Goods to the Customer;
  13. Services - means electronic services provided within the Store by the Service Provider to Users, in accordance with Article 2 pt. 4) of the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws 2020, item 344, as amended), under the rules described in the Regulations;
  14. User - means a user of the Store - both Customer and Customer Representative;
  15. Order - means the submission of an offer for the purchase of Goods by the Customer, in accordance with § 2 of the GCS, by completing the appropriate form within the functionality of the Store.
§ 3 Contacting the Service Provider

Data enabling the Client to contact the Service Provider:

  1. e-mail address of the Service Provider: [contact.sdd@selena.com]
  2. Phone number of the Service Provider: [+48 22 300 86 32]
  3. The Client may communicate with the Service Provider using the e-mail addresses and telephone numbers provided in this paragraph and on the WINS website (www.wins.tytan.pl).
  4. The Client may communicate with the Service Provider by telephone during the hours [from 9:00 a.m. to 4:00 p.m.].
§ 4 Terms of Service
  1. The use of the Services offered within the Store, including the creation of a User account (§ 5 below) is free of charge.
  2. As part of the Store, the Service Provider:
  • enables conclusion of a contract of sale of Goods;
  • makes it possible to compare the characteristics of the Goods with other Goods, in particular in terms of application, advantages, description, technical parameters or capacity;
  • allows sorting of Goods according to selected criteria;
  • applies a system of recommending to the Customer the purchase of complementary goods.
  1. As part of the Store, the Service Provider may make commercial offers to Customers and send information on current promotions, in accordance with the provisions of § 10 of the Regulations.
  2. The User, using the Store, has the opportunity to learn about the description, features, technical parameters, price and shipping and additional costs of the Goods. The Seller undertakes to present clear and reliable information allowing the User to get acquainted with the Goods.
§ 5 User account registration
  1. The first stage of registration of the Customer's account requires providing an e-mail address (Login), setting a Password and accepting the Terms and Conditions. Subsequently, the Customer receives a message with an activation link to the e-mail address provided. After clicking on the activation link, the Customer goes to the Store as a registered and logged-in User.
  2. Registration of the Representative's account requires the Customer to provide an e-mail address, based on which an invitation to join the Store will be sent. After clicking on the link, the Representative sets the Password and accepts the Terms and Conditions. The Representative then receives a message with an activation link to the email address provided. After clicking on the activation link, the Representative goes to the Store as a registered and logged-in User.
  3. The User may change the Password at any time.
§ 6 Closure and change of User account
  1. The account created as a result of registration is maintained for the Customer for an indefinite period of time. The Customer may close his/her account as well as the account of the Customer's Representative at any time. Closure of the account requires confirmation by e-mail.
  2. The Service Provider may close the User's account, in particular, in case of violation by the User:
  • applicable legal regulations concerning the Store;
  • violation of important provisions of the Regulations, especially those specified in § 8 and § 10 of the Regulations.
  1. The User may change his data only by submitting the appropriate form under the "My account" tab, which is then processed by the CSD. In matters of data change, you can directly contact the CSD at: contact.sdd@selena.com.
§ 7 Sales contract
  1. Announcements, advertisements, price lists and other information about the Goods given within the Store do not constitute a legally binding offer to conclude a contract of sale, but only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  2. The Goods are visible and available for purchase by all Customers.
  3. The Seller declares that the Goods sold through the Store have all the approvals required by Polish law.
  4. The purchase of Goods is initiated by placing an Order, which constitutes an offer to purchase.
  5. After final selection of the Goods to be purchased, the User is directed to the web form used to place the Order.
  6. Within the Order, the User should make:
  • selection of the Goods to be ordered;
  • Choice of delivery method and delivery address;
  • choice of payment method.
  1. Upon receipt of the Order, the Seller verifies that the Order has been placed correctly (in accordance with the provisions of the Regulations). After a correct Order is placed, the Seller immediately sends the User information about the acceptance of the Order, and after verifying the availability of the Goods, the Customer receives information about the date of execution to the e-mail address provided by the Customer. The contract of sale is concluded when the Seller sends the User information about the date of execution of the Order.
  2. The Customer may cancel the Order until the Seller orders the delivery of the Goods to the Store's logistics operator.
  3. The Store only allows the purchase of Goods with delivery to the address indicated by the Customer. The Store does not allow personal collection of the purchased Goods.
  4. Delivery is carried out, as a rule, for a fee. The User selects the delivery address of the Goods from the available list within the Store or indicates another place of delivery by completing the relevant data.
  5. After the conclusion of the Sales Agreement, the Customer receives a summary of the Order and the number of the consignment note, based on which the delivery will be made.
  6. The Customer may keep track of the Order Status. The store provides redirects to the carrier's websites allowing to track the shipment. Information about the concluded Sales Contract is also received by the Advisor of the respective Customer.
  7. The Seller shall make every effort to ensure that the Goods presented in the Store coincide with the current stock levels. In the case of unavailability of all or part of the Goods covered by the Order, the Seller will immediately notify the Customer who ordered them. The Seller may offer the Customer substitute goods corresponding in quality and price to the Goods ordered by the Customer, informing the Customer of his right not to accept the substitute goods and to resign from the purchase. In the event of cancellation of the purchase, the Seller shall immediately, but no later than within thirty days of the Order, refund to the Customer the entire sales price received from the Customer.''
  8. The Seller shall deliver the Goods free of defects to the Customer.
  9. The User shall purchase or order the Goods at the prices and delivery costs in effect at the time of placing the Order. The amount of delivery costs depends on the delivery method selected by the User.
  10. The Seller reserves the right to change prices and the amount of delivery costs, in particular in the event of changes in the price lists of services provided by delivery operators.
§ 8 Withdrawal from the Sales Agreement
  1. The Consumer shall have the right within 14 days to withdraw from the Sales Agreement without giving any reason.
  2. The running of the period specified in paragraph 1 shall begin with the delivery of the Goods to the Consumer or a person other than the carrier designated by the Consumer.
  3. In the case of a Sales Contract that includes multiple Goods that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.
  4. The Consumer may withdraw from the Sales Contract by submitting a statement of withdrawal from the Sales Contract to the Seller. To meet the deadline for withdrawal from the Sales Agreement, it is sufficient for the Consumer to send the statement before the deadline. A statement of withdrawal from the Sales Agreement submitted after the withdrawal deadline has no legal effect.
  5. The statement may be sent by traditional mail, fax or electronically by sending a statement to the e-mail address of the Seller or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3 of the Terms and Conditions and at www.wins.tytan.pl. The statement may also be submitted on the form, the template of which is Attachment No. 1 to these Regulations, but it is not mandatory.
  6. If the statement is sent by the Consumer electronically, the Seller will immediately send to the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Sales Agreement.
  7. The Goods returned in connection with the withdrawal from the Sales Agreement must be complete (including all equipment and accessories, constituting an integral part of it, if such were attached to the Goods) and must not bear traces of use. If the Goods are incomplete or bear traces of use beyond the ordinary management of the thing, the Seller reserves the right to refuse to accept the shipment, or to reduce the returned amount by the equivalent of the damaged goods. The returned Goods must be accompanied by the original sales document, and a completed and signed Goods Return Form.
  8. In the event of withdrawal from the Sales Agreement, the Consumer shall be obliged to return the Goods immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement.
  9. In the event of withdrawal, the Consumer shall bear only the direct costs of returning the Goods.
  10. In the event of withdrawal from the Sales Agreement by the Consumer, the Seller shall be obliged to return to the Consumer all payments received from him, including the costs of delivery of the Goods, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
  11. Refund of payments shall be made within 14 days from the date of receipt by the Seller of the Consumer's statement of withdrawal from the Sales Contract. The Seller may withhold reimbursement of payments until it receives the Goods or until it is provided with proof of their return, whichever event occurs first.
  12. The provisions relating to the Consumer in this paragraph shall apply mutatis mutandis to the Individual Entrepreneur, if the Sales Contract concluded by him does not have a professional character for this Entrepreneur, resulting in particular from the subject of his business activity.
  13. The right to withdraw from the Sales Contract referred to in this paragraph shall not be granted to a Customer who is not a Consumer or an Individual Entrepreneur.
§ 9 Price and payment
  1. By default, the prices of Goods visible in the Store are given in PLN and indicated in net and gross amounts.
  2. If the prices of the Goods have been agreed with the Customer on an individual basis on the basis of separate agreements concluded with the Seller, such Customer is displayed individual agreed prices. Other Customers are displayed market prices.
  3. The final (final) amount to be paid by the Customer consists of the gross price for the Goods and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
  4. When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate in advance the amount of the final (final) price, information about the manner in which the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, will be provided in the Store in the description of the Goods.
  5. The Seller reserves the right to change prices and the amount of delivery costs, in particular in the event of changes in the price lists of services provided by delivery operators. The Seller also reserves the right to post information about new Goods, carry out and cancel promotional actions within the Store and make changes to them.
  6. The Customer is obliged to pay the gross price in PLN for the Goods ordered in the Store, including delivery costs, using the form of payment chosen by him/her when placing the Order:
  • transfer,
  • electronic payment,
  • payment by credit card,
  1. The moment of payment under the method referred to in paragraph 4 items 1) - 3) above is considered the moment of receipt of funds to the Seller's bank account.
  2. Electronic payments are handled by the Payment Service Provider. Acceptance of the Order for execution by the Seller is possible as soon as the Seller receives payment authorization from the Payment Service Provider.
  3. The Buyer shall bear all costs associated with the processing of the transfer of receivables to the Seller, including all bank fees, except for the Seller's bank fees.
  4. The Customer agrees to receive VAT invoices and receipts for completed Orders in electronic form.
§ 10 Use of the Store by the User
  1. The User is obliged to use the Store in a manner consistent with its purpose, not having a negative impact on the Store, not causing disruption in its operation and being in accordance with the law and good morals.
  2. It is forbidden to transfer Login and Password by the User to third parties. In case of unauthorized use of the User's account, the Service Provider reserves the right to block it. The Service Provider is not responsible for the consequences resulting from the unauthorized use of the User's Login and Password.
  3. The User is solely responsible for all content posted on the Store under the User's account.
  4. The Service Provider is not obliged to monitor the User's content. In all cases, however, the Service Provider reserves the right to remove or prevent access to any User content that violates the law or the provisions of the Terms of Use.
  5. It is prohibited for the User to publish content within the Store:
  • contrary to the law or good morals,
  • that are intended to commit an illegal act or encourage such an act, including infringement of the intellectual property rights of the Service Provider or third parties,
  • contain harmful content such as malware, Trojan horses or viruses, or otherwise obstruct other Users' access to the Store.
§ 11 Newsletter and commercial information
  1. Newsletter is a free service provided by the Store for all Users consisting in informing Users about promotions, contests, events and news through periodic sending of content electronically in the form of e-mail messages.
  2. In order to use the newsletter service, users must agree to receive commercial information when registering with the Store.
  3. Unsubscribing from the newsletter is possible by completing the unsubscribe form within the User's account, as well as by clicking on the link available in the message sent within the newsletter.
§ 12 Intellectual Property Rights

All rights to the content, as well as software, being a component of the Store, belong to the Service Provider. It is forbidden to copy, reproduce, distribute, decompress or modify them in any form or manner without prior written permission of the Service Provider.

§ 13 Responsibility for the proper operation of the Store
  1. The Service Provider is responsible for the proper operation of the Store, but does not guarantee constant and uninterrupted availability of the Store. The Service Provider undertakes to provide access to the Store at the level of 360 days per year.
  2. The Service Provider may modify the Store and its functionalities, as well as suspend their operation or add new features.
  3. The Service Provider reserves the right to make interruptions in access to the Store due to the need for periodic maintenance and upgrades.
  4. The Service Provider shall have the right to discontinue the Service at any time if such a justified demand is made against it by an authorized public authority.
  5. The Service Provider shall not be liable for damages resulting from interruptions in the provision of Services caused by the default of third parties. In particular, the Service Provider shall not be liable for damages incurred by the User (in the form of both loss and lost profits):
  • caused by the lack of continuity of the Service for reasons attributable to the User;
  • caused by threats occurring on the Internet that are independent of Selena or the User;
  • caused by inability to use the Store, resulting from poor connection quality, misconfiguration of the User's software, power grid failure or Internet outages;
  • caused by force majeure or unlawful actions of third parties;
  • resulting from the use of the Store in a manner inconsistent with its purpose or in a manner inconsistent with the Regulations;
  • as a result of erroneous entry of data by the User into the Store.
  1. Under no circumstances shall the Service Provider be liable to the User for lost profits.
§ 14 Complaints
  1. The Service Provider and the User shall cooperate and make efforts to detect, identify and inform each other of any irregularities in the operation of the Store.
  2. On current issues concerning the operation of the Store and the Account, the User may contact the Service Provider by sending his observations, comments and reports on the quality of the Services provided through the contact form available at www.wins.tytan.pl.
  3. Complaints about the quality of the Goods may be submitted by the User electronically to contact.sdd@selena.com using the complaint protocol constituting Appendix No. 2 to these Regulations.
  4. In the case of a complaint about Goods by the Entrepreneur, he should contact his Advisor directly, who will recognize the case and provide assistance.
  5. Each complaint should contain a brief description of the problem giving rise to the complaint, the date of its occurrence or discovery, and the identification of the User (in particular, his e-mail address). In addition, a complaint about the Goods should include photographic documentation of the problem.
  6. All complaints should be submitted immediately after the occurrence of the problem to which the complaint relates.
  7. The Service Provider will make reasonable efforts to consider complaints without undue delay, but no later than within 14 days. About the outcome of the consideration of the complaint. The Service Provider will notify the complainant via e-mail to his/her e-mail address.
§ 15 Additional information about the Services
  1. In order to use the Services, the User must meet the following technical requirements necessary to use the Store:
  • access to the Internet,
  • updated version of the following web browsers:
    a) Windows 8/10/11 - e.g. Edge/IE11/Chrome/Firefox/Opera,
    b) Mac OS - e.g. Safari/Opera,
    c) GNU/Linux - e.g., Chrome/Firefox/Opera,
    d) iOS 10/9 -e.g. Safari/Chrome,
    e) Android 7/6/5/4.4 - e.g. Chrome/Samsung Internet/Android native browser,
  • having an email account.
  1. The Service Provider stipulates that the use of services provided electronically may involve risks, but not exceeding the standard risks associated with the use of the Internet. The User should take them into account, even though the User uses systems to protect its infrastructure from unauthorized influence of third parties. The main risks associated with the use of the Internet include:
  • malware - including various types of applications or scripts such as viruses, worms, trojans (Trojan horses), keyloggers, dialers;
  • spyware;
  • programs that track a user's activities, gather information about him or her and send it to the author of the program;
  • spam;
  • phishing for sensitive personal information (e.g., passwords) by impersonating a trustworthy person or institution (phishing);
  • hacking into the user's ICT system using such hacking tools as exploits and rootkits, among others.
  1. In order to avoid the above threats, the user should equip his/her computer and other electronic devices that he/she uses to connect to the Internet with an anti-virus program. Such program should be constantly updated. Protection against the above threats can also be provided by:
  • firewall enabled,
  • software update,
  • not opening e-mail attachments of unknown origin,
  • reading application installation windows, as well as their licenses,
  • disabling macros in MS Office files of unknown origin,
  • regular overall system scans with antivirus and antimalware software,
  • encryption of data transmission,
  • using the original system and applications, from a legal source.
§ 16 Dispute resolution
  1. A customer who is a Consumer shall have the right to use out-of-court means of handling complaints and claims. For this purpose, he may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.

  2. The Service Provider informs that a Client who is a Consumer may obtain free assistance in the case of a dispute between such Client and a trader by applying to the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Information for consumers, including information on how to obtain assistance, is also available on the website of the President of the Office of Competition and Consumer Protection at: www.uokik.gov.pl.

  3. The Service Provider does not undertake to use out-of-court dispute resolution with Consumers, unless such an obligation arises from mandatory provisions of law.

  4. Any disputes with Entrepreneurs shall be submitted to the settlement of a common court of competent jurisdiction for the seat of the Service Provider.

§ 17 Final provisions
  1. The law applicable to contractual relations between the Parties shall be Polish law.
  2. The Service Provider reserves the right to make changes to the Terms and Conditions. Amendments to the Regulations are effective from the date indicated in the amended Regulations, but not earlier than from the date of publication of the amended Regulations within the User's account on the Store and on www.wins.tytan.pl .
  3. Within 7 (seven) days from the effective date of the amended Regulations, the User shall be entitled to submit a statement of disagreement with the amended Regulations applicable to him/her. Such statement, in order to be effective, should be sent to the e-mail address: contact.sdd@selena.com. In such case, it will be tantamount to immediate resignation of the User from the use of the Store and termination of the Customer's account.
  4. If the User continues to use the Store after the introduction of changes to the Regulations, it means that the User accepts the changes to the Regulations.
  5. The Regulations shall come into force on 18.05.2022.

GENERAL TERMS AND CONDITIONS OF SALE FOR TITAN WINS INTERNET STORE

1. GENERAL PROVISIONS. APPLICATION OF GTS
  1. The General Terms and Conditions of Sale (hereinafter referred to as the "GTS") shall apply to the sale and delivery of goods (hereinafter referred to as the "Goods " or "Goods ") to the Purchaser (hereinafter referred to as the "Purchaser ") by Selena Digital Distribution Sp. z o.o. with its registered office in Wrocław (hereinafter referred to as the "Seller"). Within the meaning of these GTCS, the Buyer is understood to be an entity conducting a business activity (entrepreneur), excluding Selena Group Companies. 2 The GTCS constitute an integral part of each commercial information, offer submitted by the Seller to the Buyer or each contract and order covering sale or delivery of Goods by the Seller. In the event of any discrepancies between the provisions of individual documents for a given transaction, the Seller shall establish their hierarchy (from the most to the least binding) binding on both Parties:
    a) a written contract (if entered into as a separate document);
    b) Confirmation of the Order by the Seller;
    c) GTS;
    d) Buyer's order.
  2. OWS are binding for the Buyer from the moment they are made available to the Buyer. Making the GCS available shall take place by delivering the GCS to the Buyer in writing, sending the GCS to the Buyer electronically from the Seller's e-mail address or by referring to the GCS in the order confirmation or in any other document or message from the Seller, containing the content of the GCS or indicating how the content of the GCS can be made available (including by indicating the website on which the GCS are placed) (hereinafter referred to as "Making available ").
  3. If the Buyer does not agree to the application of the GTS or any part thereof, then the Buyer is obliged to immediately, at the latest before the Seller proceeds with the execution of the Order, notify the Seller of this fact in writing under pain of invalidity. If the Buyer remains in permanent business relations with the Seller, non-rejection of the GTS in relation to one Order shall be deemed acceptance of application of the GTS to all other Orders or deliveries made by the Seller, without the need to make them available to the Buyer again. If the Buyer has not agreed to the application of the GTS or any part thereof, the Seller shall have the right to refuse the execution of the Order or suspend it, to the exclusion of any claims of the Buyer.
  4. General terms and conditions of purchase, contract templates, regulations or other similar provisions or rules for the purchase of goods applied by the Buyer shall not be binding on the Seller, even if their application has not been expressly excluded by the Seller.
  5. Any materials of the Seller, including those that bear the characteristics of an offer addressed both to the general public and to a specifically designated customer, are of an informational nature only and are not binding on the Seller, constituting only an invitation to place orders. In no case do they constitute an offer within the meaning of Article 66 and subsequent articles of the Act of April 23, 1964 Civil Code. (i.e. Journal of Laws of 2016, item 380, as amended, hereinafter the Civil Code), unless the Seller expressly, in writing, agrees to treat them as such.
2 ORDERS
  1. In order to effect the sale or delivery of the Goods, it is necessary for the Buyer to place an Order, in accordance with the rules set forth in paragraphs 2-3 below (hereinafter "Order ") and for the Seller to confirm acceptance of the Order for execution, in accordance with the rules set forth in paragraph 4 below (hereinafter "Order Confirmation"). The Seller shall have the right not to accept the Order for execution without having to justify such decision. Confirmation of receipt of the Order by the Seller is not equivalent to Order Confirmation and may not be treated as such.
  2. The Order is placed by the Buyer by verbal purchase instruction to the Seller's Sales Representative, through the Seller's website, in writing, electronically (e-mail), by telephone through the Tele-Ordering system. In the case of a form of placing an Order in writing, the Order should bear the signature of a person authorized to place Orders on behalf of the Buyer (a person authorized in accordance with the rules of representation or authorized under a power of attorney), accompanied by a power of attorney document, if any. In the absence of any written reservations to the contrary in the contents of the Order, it shall be presumed that the person indicated in the Order is authorized to act for and on behalf of the Buyer in matters related to the conclusion or execution of the sales contract.
  3. The Order must contain at least: the exact name and address of the Buyer, the exact name and address of the place of delivery if different from the Buyer's address, specification of the ordered Goods, their quantity, proposed date and place of collection/delivery. If the Buyer is a legal person or an organizational unit without legal personality, the Order must also specify the natural person representing the Buyer in all current matters arising from and/or related to the sale or delivery of the ordered Goods, and in particular in matters of supplementing, limiting, extending, changing or otherwise modifying the Order, negotiating prices of goods and/or negotiating terms of delivery, filing complaints, signing documents, including receipt and signing VAT invoices.
  4. The Seller shall, as far as possible, confirm the Order within a period not exceeding 7 working days from the date of receipt of the Order. The Seller's failure to confirm the Order for execution within this period shall be tantamount to the Seller's refusal to accept the Order for execution, unless the Seller has proceeded to execute the Order before the expiration of this period. Confirmation of the Order shall include, among other things: determination of the Goods, its quantity and price, as well as the date of availability for collection of the ordered Goods.
  5. The Seller shall be entitled to partial execution of the Order submitted, and the Buyer shall then be obliged to accept the so executed part of the Order. At the same time, the Buyer shall not be entitled to any claims for damages against the Seller related to partial execution of the Order. In such case, provided that the execution of the remaining part of the Order is possible, the Seller shall specify the date of delivery of the remaining batch of ordered Goods.
  6. For valid reasons, the Seller shall also have the right at any time to change the terms of execution of the Order indicated in the Order Confirmation, as well as to withhold or discontinue the execution of the Order or a part thereof, even in the event of its prior confirmation, to the exclusion of any claims of the Buyer. The Seller shall inform the Buyer of the above without undue delay.
  7. Cancellation of the Order by the Buyer is possible only before receipt of the Order Confirmation from the Seller, and already after its receipt - only after prior agreement of such option with the Seller. The Seller will then confirm in writing the possibility and terms of cancellation of the Order.
3. DELIVERY AND RECEIPT OF GOODS
  1. Deliveries shall be made on INCOTERMS 2020 terms indicated in the Order Confirmation or on EXW (Ex Works) terms or other terms indicated by the Buyer in the Order. In the case of ordering the Seller to organize transportation, the Buyer shall pay in full the transportation and other costs resulting from delivery of the Goods to the place indicated by the Buyer.
  2. The date of delivery of the Goods given by the Seller in the Order Confirmation or otherwise agreed by the parties is indicative and is not binding on the Seller, unless the Seller has expressly indicated in writing under pain of invalidity that a given delivery date is of a rigid nature (hereinafter "Order Fulfillment Date"). If the Seller fails to deliver the Order within the Order Fulfillment Deadline:
  • The Buyer shall not be entitled to any claims for damages against the Seller and the Buyer agrees not to assert them against the Seller;
  • in the event that more than 60 working days have elapsed since the Order Execution Deadline, the Buyer shall be entitled to cancel the Order after agreeing with the Seller on an appropriate additional period for delivery of the Goods and its ineffective expiration.
  1. If the Order Execution Deadline cannot be met by the Seller for reasons attributable to the Buyer, in particular if the Buyer fails to ensure timely receipt of the Goods or fails to complete the unloading of the Goods within the deadline set by the Seller, the Seller, regardless of other claims, shall be entitled to:
  • demand from the Buyer to repair the damage resulting from the stoppage of the vehicle with the Goods, including covering the costs of this stoppage, to repair the damage resulting from the Seller's delay in fulfilling its subsequent obligations;
  • place the Goods at a storage point/warehouse of its choice at the Buyer's expense and risk. In such a situation, the Order shall be deemed fulfilled upon placement of the Goods at such storage point/warehouse.
  1. Ownership of the Goods shall be transferred to the Buyer upon full payment of the price due for the Goods, unless otherwise provided in a written contract or Order Confirmation by the Seller. Risk of loss or damage to the Goods, as well as danger, shall be transferred to the Buyer upon Seller's delivery in accordance with the relevant provisions of INCOTERMS or other terms of delivery.
  2. Immediately upon receipt, the Buyer shall be obliged to carefully examine the completeness and condition of the Goods and determine any shortcomings or damage to them. If the delivery of the Goods is made by a third-party carrier, the Buyer shall be obliged to request the carrier to make an appropriate protocol or to make an appropriate annotation indicating the damage or shortage under pain of forfeiture of claims against the Seller and/or the carrier. The Buyer is obliged to notify the Seller of any comments regarding the condition and completeness of the Goods within 2 working days from the date of delivery of the Goods, attaching the prepared protocols/notations and documenting these comments. It is mandatory to make comments on the delivery in the waybill or CMR in case of international transport. Failure to notify within the above period shall be deemed acceptance of the Goods without reservations, and the Seller's liability for the Goods shall then be limited to liability under the Warranty(§4 of GTS), whereby the Buyer shall not be entitled to any claims against the Seller arising from incompleteness or inadequate condition of the Goods, if such damage or shortcomings could have been detected during examination of the Goods made at acceptance, and such examination has not been made or has been made in an improper manner. The Seller shall consider Buyer's requests without undue delay.
4 HANDLING
  1. The Seller shall be liable for warranty only under the terms of these GTS. Any further liability under the warranty is excluded.
  2. The limitation or exclusion of the Seller's liability under warranty shall not apply to the Buyer who is a consumer in the event of their contradiction
  3. The Seller shall be liable to the Buyer if the Goods have a physical defect. A physical defect consists in inconsistency of the Goods with the contract, by which the Parties understand only inconsistency with the specifications, additional information, technical sheet, instruction manual or other documentation provided to the Buyer by the Seller. The Seller does not guarantee the suitability of the Goods for the purposes assumed by the Buyer and inconsistent with the application declared by the Seller. Any technical advice provided by the Seller, before and/or during the use of the Goods, either orally or in writing, or with the aid of samples, is given in good faith, but without guarantee of the Seller. The Buyer is obliged to determine for himself whether the purchased Goods are suitable for the purposes for which they were purchased.

The Seller shall be liable under the warranty if a physical defect is discovered before the expiration of 12 months from the date of delivery of the Goods to the Buyer. However, this period lasts no longer than the end of the Goods' expiration date.

  1. The warranty shall cover only defects of the Goods arising from causes inherent in the sold Goods. The Seller shall not be liable under the warranty if the defect results from improper use or application of the Goods, and in particular is related to infringement of the rules of their proper application, maintenance, storage, storage and handling, as well as installation and assembly - as specified in the manual or other documentation provided to the Buyer, or customarily accepted for Goods of a given type, including those resulting from generally accepted principles of technology (according to the current state of knowledge).
  2. The warranty shall not cover manifest defects, which the Buyer, exercising due diligence, could have detected at the time of delivery of the Goods to him, including by fulfilling the obligation of acceptance and examination referred to in § 3.5 above.
  3. Notification of defects impossible to detect upon delivery must be submitted to the Seller no later than within 7 days from the date of their discovery, by e-mail to the e-mail address indicated below or by registered letter with acknowledgement of receipt, under pain of the Buyer's loss of warranty claims. The notification should contain at least: data identifying the Goods, including: the serial number of the Goods, the number of the sales invoice, the date on which the defect was found, a detailed description of the defect itself, the circumstances of its discovery, and if made - photographic or other documentation, documenting the actual existence of the defect. The notification form is available on the Seller's website at www.selena.com. The notification should be sent to the Seller's address or by e-mail to: reklamacje@selena.com. Along with the notification, the Buyer is obliged to provide the Seller with the Goods or their sample and proof of purchase, and at the Seller's request, also other documents or information, and provide the Seller or its representatives with inspection or other activities at the place of storage or other place where the Goods are located.
  4. The Seller shall, as far as possible, consider the application within 1 month from the date of its effective receipt, which shall be understood as the Buyer's fulfillment of all conditions referred to in this paragraph. If it is not possible to consider the application within the aforementioned period, in particular if the consideration requires examination, inspection or analysis, the Seller shall inform the Buyer thereof and consider the application as soon as possible.
  5. Within the framework of the warranty granted, if the Buyer's notification of a defect proves to be justified, the Seller shall, at its sole discretion, be obliged to:
  • reduce the price of the Goods, whereby the reduced price shall be in such proportion as the value of the Goods with a defect remains to the value of the Goods without a defect, or
  • replace the defective Goods with new, defect-free Goods at the Seller's expense, or
  • free of charge removal of defects found during use of the Goods by the Buyer (repair), unless otherwise agreed by the parties.

Removal of the identified defects in the Goods shall be carried out immediately, within a time limit that takes into account the type and size of the defects and the manner of their removal, including specific conditions for repair or replacement of the Goods. In the case of repair, the Seller shall have full freedom to appoint persons/entities responsible for carrying out the repair. If the removal of the defect in the manner described above would be excessively difficult, time-consuming or would expose the Seller to unquantifiable costs, he may withdraw from the contract or part of it, submitting an appropriate statement to the Buyer no later than within 3 months from the date of receipt of the defect report.

  1. The Seller shall not be bound by the recognition of a claim by the Buyer against a third party who purchased the Goods from the Buyer.
  2. Making a notification under this paragraph by the Buyer shall not entitle the Buyer to withhold any payments due to the Seller at that time, including withholding payment for the Goods covered by the notification.
  3. The provisions of this paragraph shall exhaust all claims of the Buyer relating to the purchase of the Goods.
5. INTELLECTUAL PROPERTY RIGHTS
  1. In the event any claim is made against the Buyer for infringement by the Goods of any intellectual property rights, including rights under patents, industrial designs, trademarks, copyrights, know-how, business secrets, the Seller shall be solely obliged to pay to the Buyer compensation in the amount legally adjudged against the Buyer by a competent court or other appropriate authority, but taking into account the principles of liability indicated in §7 item 4 of the GTS. Any other liability is excluded to the maximum extent permitted by law. The condition for incurring liability to the Buyer referred to in the preceding sentence is immediate notification to the Seller of claims or threats of claims (within a maximum of 7 days of gaining knowledge of them) and ensuring by the Buyer to the Seller:
  • full and active participation in the proceedings against the Buyer (judicial and extrajudicial), in all discussions and negotiations with the claimant;
  • access to all materials, documents and correspondence related to the claims made;
  • the exclusive right to decide on the manner of defense, conduct of the proceedings, including continuation or termination of the proceedings, conclusion of settlements, etc..;
  • full cooperation and all necessary assistance and support, including providing the Seller with the necessary information and evidence.
  1. In the situation referred to in paragraph 1 above, the Seller shall not be liable in cases where:
  • the violation is a result of the Seller's compliance with the design or instructions/guidelines/guidelines of the Buyer, or the use of the Goods in a manner or for a purpose or in a country not authorized by or disclosed to the Seller prior to the conclusion of the Contract, or is related to the use of other equipment/equipment/products/software/documentation for which the Seller is not responsible;
  • The Seller shall, at its own expense, provide or be ready to provide the Buyer with the right to use the Goods or their replacements to the extent disputed by the claimant, or modify or replace the Goods so that the infringement does not occur;
  • The Buyer has previously, without the Seller's written consent, stated anything that may have adversely affected the Seller's position with respect to any claims or threats of such claims or resulting proceedings;
  • The Goods and/or their documentation have been modified in any way without the Seller's prior written consent.
  1. The Buyer, while placing the Order, declares at the same time that no designs (including label designs, packaging designs) or instructions/guidelines/guidelines (assurances) issued by him to the Seller shall cause the Seller to infringe, in the performance of the contract, any rights of third parties, including intellectual property rights. In the event that such claims are made by a third party against the Seller, the Buyer agrees, at its own expense, to satisfy them in full and to release the Seller from any obligation to provide any benefits on this account, including reimbursement to the Seller of any costs, expenses incurred by the Seller, including the costs of professional legal assistance hired by the Seller. In the event that third parties pursue claims against the Seller in court, the Buyer shall also be obliged to immediately join the Seller in the lawsuit and take all steps to relieve the Seller from participating in the case.
6. PAYMENTS
  1. The prices indicated in the Seller's price list or otherwise provided by the Seller, valid as of the date of the Order, shall apply to the Orders submitted by the Buyer, unless otherwise agreed by the Parties in writing under pain of nullity. If, for any reason, the Seller cannot make a sale or delivery of the Goods using the prices referred to above, the Seller shall submit other prices to the Buyer. Subject to paragraph 2 below, only prices quoted by the Seller or persons authorized by the Seller in the Order Confirmation shall be considered binding.
  2. If the Goods have been produced and the delivery of the Goods is delayed for any reason attributable to the Buyer, and in the meantime the material terms of the price calculation are changed or the Seller incurs additional costs in connection therewith, the Buyer shall be obliged to cover such costs, in particular storage and transportation costs associated with the delay.
  3. The Buyer shall bear all costs associated with handling the transfer of receivables to the Seller, including all bank charges, except for the Seller's bank charges.
  4. The payment period is calculated from the date of the VAT invoice. Payments shall be made by wire transfer to the account indicated by the Seller on the invoice. The day on which the Seller's bank account is credited with the amount due shall be considered the day of payment. The Buyer shall be obliged to make payments in full without any deductions, unless the Seller has agreed to them in writing under pain of nullity.
  5. If the sale or delivery is made on prepayment terms, the Seller shall proceed with the Order only upon receipt of full payment for the ordered Goods. If the sale or delivery is made on deferred payment terms, the Seller may at any time require the Buyer to provide payment security in the form of a bank guarantee, insurance guarantee, corporate guarantee, surety bond, promissory note or in any other manner corresponding to the Seller, and the Seller shall proceed to execute the Order or delivery only upon receipt thereof to the exclusion of any claims of the Buyer on this account. This shall also apply to previously placed Orders that are in process.
  6. The Seller shall be entitled to grant to the Buyer a credit limit in the amount specified by the Seller in writing (including by e-mail) under pain of nullity. The above rigor shall not apply to changes in the credit limit granted by the Seller.
  7. In the event that the Buyer exceeds the credit limit referred to in paragraph 6 above, as well as in the event of any delays by the Buyer in payments to the Seller (including delays within the granted credit limit), in the event of the occurrence or risk of the occurrence of circumstances that may cause any delays or difficulties in payments, the Seller shall be entitled to suspend the execution of any Orders of the Buyer until cancellation to the exclusion of any claims of the Buyer on this account. In such cases, the previously agreed deadlines for fulfillment of the Orders shall be extended accordingly, and the Seller may condition the fulfillment of the Orders on payment of the amount due in the amount of at least the value of the new order.
  8. The Seller shall issue a VAT invoice in the currency indicated in the price list or otherwise stated by the Seller. If, however, with the consent of the Seller, the sales price will be expressed in a different currency, the Seller shall make an appropriate conversion of the sales price according to the average exchange rate announced by the National Bank of Poland on the day preceding the date of issuance of the VAT invoice.
  9. VAT will be added to the prices in accordance with applicable laws.
7. OTHER PROVISIONS
  1. The Buyer shall be obliged to keep confidential any information he came into possession of in connection with his cooperation with the Seller, in particular information concerning prices and terms of cooperation with the Seller. This obligation exists regardless of the form in which such information is provided to the Buyer and its source (hereinafter "Confidential Information"). Confidential Information may not be disclosed by the Buyer to any third parties. The obligation of confidentiality shall be in force for the entire period of Seller's cooperation with the Buyer, and after its termination for 3 years from the last delivery to the Buyer.
  2. In the event of circumstances beyond the Seller's control (force majeure), in particular such as: fortuitous events, strikes, revolts, wars, acts of terror, fires, natural disasters, explosions, sabotages, breakdowns or resulting from the need to comply with orders of public authorities, laws and other acts of law or from conflicts with employees, lockouts or court orders, circumstances affecting the Seller's suppliers or cooperators, the execution of the Order shall be suspended in whole or in relevant part until the above circumstances cease. The Seller undertakes to promptly inform the Buyer of the occurrence of such circumstances and their effects on the Contract. If the suspension of the execution of a given Order or part thereof due to force majeure lasts for more than 3 months, each Party shall have the right to withdraw from the Agreement, or to terminate it without any negative consequences for itself, upon written notice to the other Party.
  3. The Buyer may not transfer the rights and obligations arising from the Order executed by the Seller to any third parties without the prior written consent of the Seller under pain of nullity.
  4. The Seller's total liability to the Buyer (contractual, including on the basis of recourse and tort) on account of any damages, claims and other demands having to do with executed Orders or widely understood cooperation of the Seller and the Buyer, is limited to the amount not exceeding the purchase price of the Goods by the Buyer, on the basis of these GTS. Notwithstanding the foregoing, the Seller's liability shall not include: loss of benefits, including profits, loss of contracts, loss of use, loss of data or consequential or indirect damages, or any damages resulting from causes other than those indicated in these GTS. The limitations set forth in this Article shall apply only to the extent permitted by applicable law.
  5. The Buyer shall be obliged to perform all obligations, arising from the Act of December 14, 2012 on waste (i.e. Journal of Laws of 2019, as amended) and cooperate with the Seller in the proper implementation of the provisions of the aforementioned Act in connection with the sale of Goods.
  6. Any translations of this document into foreign languages are only auxiliary, and the version in Polish is binding.
  7. An amendment to the GTCS shall make it available again on the Seller's website, and if it occurs during the term of a continuous contractual relationship, the Buyer shall have the right to terminate the Contract at the earliest notice.
  8. Subject to the second and third sentences, any disputes between the Seller and the Buyer shall be resolved by the common court in Poland having jurisdiction over the Seller's registered office, and to this extent the Buyer submits to the Polish jurisdiction. However, the Seller shall always be entitled to bring an action or initiate any other proceedings before any court of Buyer's jurisdiction or general jurisdiction. In the event that the Seller brings an action or initiates any other proceedings, the Buyer undertakes not to raise any objection relating to the impropriety of the court or lack of its jurisdiction.

Privacy Policy

Online Store Privacy Policy

Titan WINS

§ 1 General provisions
  1. The Administrator shall ensure that it makes every effort to ensure that the processing of Personal Data by it is carried out with respect for the privacy of the persons whose data are processed and with care for the security of the Personal Data processed.
  2. The Administrator declares that it applies technical and organizational measures to ensure the protection of the processed Personal Data appropriate to the risks and categories of data under protection, and in particular protects the data from being disclosed to unauthorized persons, from being taken by an unauthorized person, from being processed in violation of the law, and from being altered, lost, damaged or destroyed.
§ 2 Definitions

Whenever referred to in the Privacy Policy:

  1. Administrator - it shall mean Selena Digital Distribution Sp. z o.o. with its registered office in Wrocław, 48A Legnicka Street, 54-202 Wrocław, www.wins.tytan.pl The Administrator shall also be understood as the data controller within the meaning of Article 4(7) of the RODO;
  2. Personal Data - means information about an identified or identifiable natural person (in the case of the Privacy Policy - the User); an identifiable natural person is one who can be identified, directly or indirectly, in particular on the basis of an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person;
  3. Selena Group - means all companies in the Selena Group, which in particular includes:
  • Selena FM S.A.;
  • Selena S.A.;
  • Selena Marketing International Sp. z o. o.;
  • Selena Digital Distribution Sp. z o.o.
  • Selena Industrial Technologies Sp. z o.o.
  1. Software - means the web browsers that the User may use in order to use the Store;
  2. Cookies - is understood to be computer data constituting, in particular, text files, which are stored on the User's Device and are intended for the use of the Store;
  3. Store - means a collection of websites and IT tools (website) managed by the Seller and allowing Users to conclude sales agreements or agreements for the provision of electronic services, available under the Internet domain: www.wins.tytan.pl.
  4. Service - means a service provided electronically to the User by the Administrator, through the Store;
  5. Device - means an electronic Device through which the User accesses the Store, in particular: PCs, laptops, tablets, smartphones, etc.
  6. User - means a person who uses the Store.
§ 3. Przetwarzanie Danych Osobowych
  1. Personal data of Users and other persons interacting with the Administrator or Users, may be processed by the Administrator:
  • in order to perform a contract for the provision of services by electronic means, a contract of sale or delivery concluded with the Administrator - then the legal basis for the processing of personal data is the necessity of the processing to perform the contract (Article 6(1)(b) RODO);
  • in order to establish contact and to enable the use of services provided by the Store - the legal basis for processing is the legitimate interest of the Administrator (Article 6(1)(f) RODO);
  • in order to carry out statutory obligations incumbent on the Administrator, arising in particular from tax and accounting regulations - the legal basis for processing is a legal obligation (Article 6(1)(c) RODO);
  • for analytical and statistical purposes - the legal basis for processing is the Administrator's legitimate interest (Article 6(1)(f) RODO), which consists in conducting analyses of Users' activity within the Store, as well as their preferences in order to improve the applied functionalities;
  • for the purpose of establishing and asserting claims or defending against them - the legal basis for processing is the legitimate interest of the Administrator (Article 6(1)(f) RODO);
  • for technical, administrative purposes, for the purposes of ensuring the security of the Administrator's ICT systems and the management of those systems - in this regard, the legal basis for processing is the Administrator's legitimate interest (Article 6(1)(f) RODO);
  • for direct marketing purposes - in this case, the legal basis for processing is also the legitimate interest of the Administrator (Article 6(1)(f) RODO).
  1. Provision of Personal Data by the User is voluntary, but necessary to use the Service.
  2. The User may also give separate consent to receive commercial, advertising and marketing information from the Administrator. The User may opt out of receiving them at any time.
  3. The Administrator processes or may process the following Personal Data of the User, which the User provides voluntarily when using the Service:
  • first and last name,
  • electronic addresses,
  • telephone number,
  • name of the entity represented,
  • goods delivery address,
  • date of birth
  • residential address,
  • business address,
  • taxpayer identification number.
  1. The Administrator shall store Personal Data in the Users' database in order to facilitate future potential contacts with Users.
  2. Selena Group companies may process Users' Personal Data for the purposes specified in the Privacy Policy based on legitimate interest to the extent permitted by applicable law, including for marketing their products and services and for internal administrative purposes and ensuring network and information security.
  3. Recipients of Personal Data are persons authorized by the Administrator to process data in the performance of their official duties, entities to which the Administrator outsources IT, accounting, human resources, legal and tax service activities of the Administrator, in particular on the basis of contracts for entrustment of personal data processing, electronic payment operators, banks, carriers, as well as providers of social plug-ins referred to in § 5(1) of the Privacy Policy.
  4. The Administrator shall have the right to share the User's data and information within the framework of ongoing proceedings with an authorized body, such as a prosecutor's office or a court.
  5. The Administrator will process the User's Personal Data for the period during which the User may direct possible claims against the Administrator related to the performance of the Service, but no longer than for a period of six years. If the processing is based on the User's consent, the Administrator will process the User's data until the consent is withdrawn.
  6. The Administrator shall observe the following principles for processing Personal Data:
  • fixes the collected Personal Data only on such information carriers that are protected from access by third parties;
  • performs security supervision of Personal Data throughout the period of its possession in a manner that ensures, in particular, protection against unauthorized access, damage, destruction or loss;
  • maintains the confidentiality of the Personal Data.
  1. A User whose Personal Data is processed has the right to request from the Administrator access to the data, as well as rectification, deletion, restriction of processing, or to object to processing, as stated in § 8 of the Policy.
§ 4 Cookies
  1. The Administrator within the Shop uses Cookies Files.
  2. There are two main types of Cookies Files used within the Store:
  • session files - these are temporary files that are stored on the User's Device until the User leaves the Store or shuts down the Software;
  • permanent - these are files stored on the User's Device for the time specified in the parameters of the Cookies Files or until they are deleted by the User.
  1. The Store may use all or some of the following types of Cookies Files:
  • "essential", which enable the use of the Store,
  • "performance", which enable the collection of information about the use of the Store;
  • "functional", which allow to keep the settings selected by the User and to personalize the User's interface, e.g. through language, font size, appearance of the website;
  • "advertising", which allow to provide the User with advertising content more tailored to their interests.
  1. The Cookies files listed in paragraphs (2) and (3) of this paragraph are used for:
  • optimizing the use of the Store; in particular, it allows the Store to be recognized and displayed on the User's Device in a form tailored to the User's individual preferences;
  • creating statistics that support the observation of the use of the Store by Users, which affects the improvement of its structure and content;
  1. The Store uses the following Cookies files:
  2. The solutions used within the Store are safe for Devices.
§ 5. use of technologies similar to Cookies

1 The store uses social plugins, i.e. tools that allow you to connect to popular social networks. Currently, social plugins of the following entities are used:

  • [...];
  • [...].
  1. The User may agree to receive Web-Push notifications via the web browser he/she uses. For this purpose, the browser will give the User a special ID to which it will send relevant messages. Opting out of receiving Web-Push notifications is possible by changing the User's browser settings.
§ 6 Transfer of data outside the EEA
  1. The User's Personal Data, including data that he or she makes available as part of browsing the Store, including data collected through Cookies, may be made available to trusted third parties for marketing purposes only on the basis of the User's express consent.
  2. In a situation in which trusted third parties are located outside the EEA, the transfer of data will be made in accordance with the principles expressed in Chapter V. RODO. In particular, it may take place:
  • to countries for which the European Commission has issued decisions on adequacy of protection of Personal Data -without the need to meet additional requirements
  • to other countries, primarily on the basis of Standard Contractual Clauses with additional safeguards (technical and legal) or Binding Corporate Rules.
§ 7 Profiling
  1. The use of the Store uses a system that tracks User activity based on information, including Cookies, stored on Users' Devices, e-mail addresses, as well as Users' activity history. Based on this tracking, it is possible to profile Users in order to send individually tailored marketing messages, as well as to segment the User in the database according to criteria set by the Administrator.
  2. The profiling referred to in the paragraph above does not have any legal effect on the User or, to a similar extent, does not significantly affect the User.
§ 8. Prawa Użytkowników
  1. The User has the right of access to his Personal Data and the right to correct it at any time.
  2. The User can choose to what extent and at what time he/she wants to use the Store and share information about himself/herself. If for some reason the User does not wish to leave his/her Personal Data in the Users' database, the User has the right to request its deletion.
  3. In the case of Processing of Personal Data for marketing purposes, based on the consent given, the User has the right to withdraw the consent at any time and through a statement made in writing or by e-mail to the Administrator's address: contact.sdd@selena.com.
  4. The User has the right to correct, complete, update, rectify and request the deletion of his/her Personal Data.
  5. The User shall have the right to object to the processing of Personal Data based on purposes arising from legitimate interests, including under profiling referred to in §7 of the Privacy Policy, carried out by the Administrator or by a third party. The filing of an objection by the User to the processing of his/her Personal Data for marketing purposes, prevents further processing of such information for such purposes.
  6. In order to request correction, completion, update, rectification, restriction of processing, deletion and objection to the processing of their Personal Data, the User should send the request to the Administrator's e-mail address: contact.sdd@selena.com or in writing to the address: Selena Digital Distribution Sp. z o.o. located in Wrocław at 48A Legnicka Street.
  7. The User shall have the right to lodge a complaint to the President of the Office for Personal Data Protection in case the Administrator fails to process his/her Personal Data in accordance with the law.
  8. The User has the option to limit or disable access of Cookies to his/her Device. If you use this option, the use of the Store will be possible, excluding some functionalities that require Cookies.
  9. The User may at any time change the settings concerning Cookies. These settings can be changed, in particular, in such a way as to block the automatic handling of Cookies in the settings of your web browser, or to inform you of their placement on your Device each time. Detailed information on the possibility and methods of handling Cookies is available in the settings of the Software.
  10. The User may at any time delete Cookies using the available functions in the Internet browser he uses.
§ 9 Final provisions
  1. Links to other websites may appear within the Store. Such websites operate independently of the Administrator and are not supervised by the Administrator in any way. These websites may have their own privacy policies and regulations, with which we recommend that you familiarize yourself.
  2. Questions and objections regarding this Privacy Policy, please report by sending an email to: contact.sdd@selena.com .
  3. The Administrator reserves the right to change this Privacy Policy.
  4. Users will be informed of any changes to the Privacy Policy on the pages of the Store.