1. Definitions
1.1 Regulations – these Regulations, specifying the rules for concluding distance sales contracts via the Online Store, the rules for the performance of these contracts, the rights and obligations of the parties to the Distance Sales Contract and the rules for the complaint procedure. In the scope of services provided electronically, the Regulations are respectively the regulations referred to in art. 8 of the Act on the provision of electronic services.
1.2 Client – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, which concludes a Distance Sales Agreement with the Seller.
1.3 Consumer – a consumer within the meaning of art. 22 1 of the Civil Code. Pursuant to the statutory definition: a Consumer is a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.
1.4 A natural person running a sole proprietorship making a purchase of a non-professional nature – a natural person concluding a Distance Sales Agreement directly related to his business activity, when the content of this agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of the performed its business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, which the law grants the right to: withdraw from the contract on the terms granted to Consumers, to apply the provisions on abusive clauses used in contract templates and regarding liability under the warranty for defects things sold.
1.5 Seller – IMAGINARY MUSIC ADAM BAŁDYCH ul. MIIECZYKÓW 64A 05-500 NOWA WOLA NIP: 599 269 74 48 REGON: 081194521
1.6 Address of the Seller’s registered office – IMAGINARY MUSIC ADAM BAŁDYCH ul. MIIECZYKÓW 64A 05-500 NOWA WOLA NIP: 599 269 74 48 REGON: 081194521
1.7 Online Store – a website run by the Seller, available at the following e-mail addresses: imaginarymusic.pl, through which the Customer can obtain information about the Goods and their availability and buy Goods or order a service.
1.8 Distance Sales Agreement – an agreement for the sale of Goods/provision of services/delivery of digital content (if applicable), concluded via the Online Store.
1.9 Goods – a movable item that the Customer may purchase in the Online Store.
1.10 Privacy and cookie policy of the Online Store – a document setting out detailed rules for the processing of personal data and the use of cookies. The privacy and cookie policy constitutes Appendix No. 3 to the Regulations and is available at https://imaginarymusic.pl/polityka-prezentnosci/
1.11 Durable medium – means a material or tool enabling the Customer or the Seller to store information addressed personally to him, in a way that allows access to information in the future for a period of time appropriate to the purposes for which this information is used and which allows the stored information to be reproduced unchanged, in particular e-mail.
1.12 Electronic order form – the electronic ordering procedure made available by the Seller to the Buyer.
1.13 Return – in order to return the ordered Goods, the User should contact the Seller by sending an e-mail to info@imaginarymusic.pl
1.15 Sending the order – confirming the order by clicking the “Buy and pay” button by the Customer, treated as the submission by the Customer of a binding declaration of will to conclude a Distance Sales Agreement with the Seller.
1.16 Account – a set of data stored in the Online Store and in the Seller’s ICT system regarding a given Customer and orders placed by him and concluded Distance Sales Agreements, with the use of which the Customer may place orders, as well as cancel or edit and conclude Sales Agreements at the appropriate time distance.
1.17 Evaluation of order handling and Evaluation of individual goods – subjective statements and ratings given by the Customer in the form of stars from 1 to 5 for the Online Store after the Order has been completed.
2. General provisions
2.1 Types and scope of services provided electronically:
2.1.1 concluding Online Sales Agreements – in the scope of Goods sold in the Online Store,
2.1.2 the rules for registering and using the Account as part of the Online Store,
2.1.3 adding opinions, comments and ratings – the customer can add an opinion or comment to his order,
2.1.4 sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, acceptance of the order for execution.
2.2 Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
2.2.1 browsers etcInternet, i.e. Firefox, Chrome, Internet Explorer in the current version,
2.2.2 Any program for viewing PDF files.
2.3 The content posted on the Online Store website, including descriptions of the Goods and prices, constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code. They become binding – for the purpose of concluding a specific contract – only when the Customer sends the order, which is done by clicking the “Buy and pay” button.
2.4 The Seller provides these Regulations together with the Appendices via the link on the home page before concluding the Distance Sales Agreement, during it and after its completion. The buyer can download it and print it out.
2.5 In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store shall take technical and organizational measures appropriate to the level of security of the services provided, in particular measures to prevent the unauthorized acquisition and modification of personal data sent on the Internet.
3. Orders
3.1 Placing an order in the Online Store can be done via the Account or choose the purchase option without registration.
3.2 The purchase is made by completing the Electronic order form available on the Online Store website. The selection of ordered Goods is made by adding them to the basket. The electronic order form specifies i.a. what Goods, at what price and in what quantities the Customer wants to order to the location indicated by him. The customer takes appropriate technical steps based on the displayed messages.
3.3 After the Customer provides all the necessary data, a summary of the order will be displayed. The summary of the order will contain information on: data identifying the Seller, the subject of the order, the unit and total price of the ordered Goods, including delivery costs and other costs, if any, the selected payment method, the selected delivery method, delivery time and costs.
3.4 If the subject of the contract is the delivery of digital content that is not recorded on a tangible medium or services provided electronically or remotely – the Consumer in the additional checkbox required to place an order and located on the Electronic Order Form gives the following consent: “I consent to the delivery digital content that is not recorded on a tangible medium or to start the service before the expiry of 14 days from the date of conclusion of the contract and I acknowledge the loss of the right to withdraw from the contract. The seller will confirm receipt of the above. consent by e-mail.
3.5 In order to place an Order, it is necessary to provide personal data marked as mandatory in the Electronic order form, accept the content of the Regulations, send the order by pressing the “Buy and pay” button.
3.5.1 Sending the Electronic Order Form by the Customer constitutes a binding declaration of will to conclude a Distance Sales Agreement, in accordance with these Regulations.
3.5.2 The distance sales contract is treated as concluded at the moment of acceptance by the Seller of the Electronic order form, which is confirmed by displaying to the Buyer a message confirming the acceptance of the order and providing its number.
3.5.3 After concluding the Distance Sales Agreement, the Customer receives in the form of an e-mail confirmation of the placed order containing: confirmation of order acceptance and final confirmation of all essential elements of the Order and the general terms and conditions of the concluded Distance Sales Agreement (Online Store Regulations together with Appendix No. 1 ), the Seller’s data, the Seller’s responsibility for the quality of the service, about the services provided by the Seller after the sale and about the method and consequences of withdrawing from the contract. Instructions on how and about the consequences of withdrawing from the contract are included in Appendix No. 1.
3.5.4 Until the Seller commences the execution of the order:
3.5.4.1 The Customer may change his order using the technical solution available on the website of the Electronic Order Form and going through the entire ordering path again. The change of the order takes place by placing a new one, which replaces the previously placed one. Alternatively, the payment made by the Customer is settled against a new order, and in the event of an overpayment, it is returned to the bank account from which the payment was made.
3.5.4.2 The Customer may cancel his order by selecting the “cancel order” option available on the Electronic Order Form page.
3.5.5 If the Customer cancels the order, the Seller refunds the received payment within 7 working days. The refund will be made using the same payment method used by the Customer.
3.5.6 TimeThe period of completion of the Order is from 1 to 30 business days from the date of conclusion of the contract.
4. Payment
4.1 The Online Store offers the possibility of making payments in the form of prepayments, cash on delivery, with payment to the account after delivery. The option of payment with a deferred payment date is possible in situations individually agreed with the Seller.
4.2 Payment for the goods can be made in the manner selected at the time of placing the order on the Electronic Order Form.
4.3 Currently available payment methods in the form of prepayments are supported via tpay.com
5. Delivery
5.1 On the Electronic order form, the Customer selects the method of delivery by ticking the selection made. The Seller reserves the right to change the method of delivery chosen by the Customer at no additional cost to the Customer.
5.2 If the Customer fails to collect the Goods, which will result in the Goods being returned to the Seller, the Seller may withdraw from the sales contract. Withdrawal from the contract takes place by submitting a statement to the Customer in the form of an e-mail.
5.3 In the situation indicated in point 2, the Seller is obliged to immediately return to the Customer the payment received for the Goods purchased by the Customer.
5.4 The currently available delivery methods are displayed above the “Buy and pay” button before placing an order.
6. Withdrawal from the contract – electronic return form
6.1 The Buyer who is a Consumer who has concluded a Distance Sales Agreement may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a distance sales contract – the contract is considered not concluded.
6.2 The right to withdraw from the contract on the terms set out in Chapters 6 and 7 of these Regulations is also vested in a natural person running a sole proprietorship making a purchase of a non-professional nature.
6.3 The Seller will verify the right to submit a declaration of withdrawal from the Agreement by the person indicated in point 2. Verification is carried out by checking whether the concluded contract is not of a professional nature for this person – which is done in particular by analyzing the PKD codes indicated in the Central Register and Information on Economic Activity.
6.4 If it is recognized that the purchase of the Goods made by a person running a sole proprietorship in the Online Store was of a professional nature – the Seller immediately, i.e. no later than within 3 working days of receiving the declaration of withdrawal – informs the person submitting the declaration that due to professional the nature of the purchase made – there is no right to withdraw, and therefore the submitted statement of withdrawal from the contract – does not have legal effects. If, together with the statement of withdrawal from the contract, the Goods have been physically returned – the Goods will be sent back at the expense of the person making the declaration and to the address details previously provided in the Order. The Seller’s response will be provided using the same method as used by the person submitting the statement.
6.5 In the event of withdrawal from the contract – the Consumer bears only the direct costs of returning the Goods.
6.6 The Consumer’s statement must clearly express his will to withdraw from the contract, in particular the Consumer may:
6.6.1 In order to return the ordered Goods, the User should contact the Seller by sending an e-mail to info@imaginarymusic.pl.
6.6.3 The Seller shall immediately confirm on a Durable Medium the receipt of the declaration of withdrawal from the contract submitted in the manner indicated in points 1 and 2.
6.7 To meet the deadline, it is enough to send a statement before its expiry.
6.8 The deadline to withdraw from the contract begins:
6.8.1 for a contract in performance where the Seller issues an item, being obliged to transfer its ownership – from taking possession of the Goods by the Consumer or a third party indicated by him other than the carrier, and in the case of a contract that:
6.8.1.1 includes many items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part;
6.8.1.2 consists in regular delivery of items for a specified period of time – from taking possession of the first item;
6.8.2 for other contracts – from the date of conclusion of the contract.
6.10 The right to withdraw from a distance sales contract does not apply to contracts indicated in art. 38 of the Act of May 30, 2014 (Journal of Laws of 2019, item 134) on consumer rights, including Arrangements:
6.10.1 in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
6.10.2 where the subject of the service is a non-prefabricated item, manufactured according to the Customer’s specifications or serving to satisfy his individual needs;
6.10.3 whose subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to protectionhealth or hygiene reasons if the packaging has been opened after delivery;
6.10.4 the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
6.10.5 for the delivery of digital content and electronic licenses that are not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract;
6.10.6 the subject of which is an item that deteriorates quickly or has a short shelf life, and in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
6.10.7 for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
6.10.8 concluded by public auction;
6.10.9 for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
6.10.10 in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
7. Consequences of withdrawing from the contract for the sale of items
7.1 Within 14 days from the date of receipt of the declaration of withdrawal from the Contract for the sale of items, the Seller shall return to the Consumer all payments made by him, including delivery costs, corresponding to the cheapest method of delivery offered by the Seller.
7.1.1 The refund will be made using the same payment method used by the Consumer.
7.1.2 If the Consumer, in order to exercise the right to withdraw – uses the Electronic Return Form – the funds will be returned in the chosen way and to the bank account provided by the Consumer.
7.2 If the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the Goods back or the Consumer provides proof of sending them back, depending on which event occurs first.
7.3 The Seller may offer the Consumer to pick up the item himself. However, if the Seller has not made such a proposal – the Consumer should return the item to the Seller (or a person authorized by the Seller to collect it) immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to send back the item before its expiry. Goods returned by the Consumer should be sent to the address of the Seller’s registered office.
7.4 The consumer is responsible for the decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
8. Complaints
8.1 The Seller is obliged to deliver Goods free from physical and legal defects and is liable to the Customer for physical and legal defects of the purchased Goods on the terms set out in the Civil Code.
8.2 If, after the transfer of ownership of the Goods to the Buyer, he finds that the Goods have physical or legal defects, the Buyer may file a complaint against the Seller under the warranty for defects:
8.2.1 via the Electronic Complaint Form;
8.2.2 in writing to the address of the Seller’s registered office or by e-mail to info@imaginarymusic.pl.
8.2.3 The notification should specify the defect which, in the opinion of the Buyer, the goods have, the claims against the Seller and, if possible, document the said defect and provide proof of purchase of the Goods in the Online Store. The seller is obliged to respond to the complaint within 14 days of its receipt. If he did not answer the above time, it is considered that the complaint has been accepted. The response to the complaint is provided by the Seller to the Buyer in writing or on a Durable Medium.
8.2.4 The steps that the Buyer must take in order to submit a complaint, including the method of delivery of the complained Goods to the Seller, are indicated at individual stages in the Electronic Complaint Form. If the Buyer uses a different method of submitting a complaint than via the Electronic Complaint Form – the Seller will inform the Buyer about the further steps of the complaint procedure in a manner corresponding to the method of submitting the complaint.
8.2.5 If the Seller recognizes the complaint as justified: the costs of replacement, repair, including the cost of shipping related to the complaint of the Goods shall be borne by the Seller.
8.2.6 The Seller will verify whether a complaint filed by a natural person running a sole proprietorshipa non-professional purchaser has a non-professional character for that person. Verification is carried out by analyzing the PKD codes indicated in the Central Register and Information of Economic Activity.
8.2.7 If, as a result of a complaint submitted by the Consumer, the dispute has not been resolved, the Seller shall provide the Consumer on paper or another durable medium with a statement about:
8.2.7.1 the intention to apply for the initiation of proceedings for out-of-court resolution of consumer disputes or consent to participate in such proceedings, or
8.2.7.2 refusal to participate in the out-of-court settlement of consumer disputes.
9. Opinions
9.1 Within a certain period of time after the completion of the Order, the Customer with an Account may be asked in an e-mail to add an Order Service Evaluation and an evaluation of individual goods. The assessment of the order service and the assessment of individual goods is voluntary and free of charge, and in order to do so, you must click on the link that takes you to a separate page. As part of one order – the Customer has the option of adding a Rating only once.
9.2 As part of the above-mentioned Rating The customer can give a rating in the form of stars from 1 to 5 and add a verbal statement limited to 65,535 words. above Assessments are automatically signed with the name of the Customer and the city indicated by the Customer when registering the Account.
9.3 Ratings are stored and publicly displayed on the Online Store website.
9.4 The Seller does not substantively verify or control the Ratings about orders. The Buyer is solely and independently responsible for the statement made as part of the Evaluations. The Seller is entitled to block the Ratings in whole or in part on the terms resulting from the provisions of law and these Regulations.
9.5 It is unacceptable to post content containing untrue, misleading, vulgar, aggressive, offensive information or that is obviously considered inconsistent with good manners. It is also unacceptable to post content that is unlawful, infringes the rights of third parties or constitutes an act of unfair competition.
9.6 The Customer undertakes not to post content that contains links to external websites, which are of a promotional or advertising nature or contain personal data of third parties. It is also forbidden to post unlawful content, in particular that constitutes an act of unfair competition, etc.
9.7 The customer is responsible for the statements he edits and posts, in particular he is responsible for violating the rights or goods of third parties
9.8 At the express request of the Customer, the content of the Ratings may be hidden from other users of the Store, but the awarded rating in the form of stars is included in the overall rating of the Store and the Goods.
10. Intellectual Property
10.1 The Customer declares that he is not entitled to any rights, including copyright or related rights to the Reviews and statements posted by him, except for the right to use the Online Store in the manner specified in the Regulations. The customer is not entitled to any recording, reproduction, sharing, making public or disseminating content, unless such permission results from the law or the Regulations.
10.2 The Customer is not entitled to any interference with the content, in particular, he is not entitled to interfere with the content, structure, form, graphics, mechanism of operation or other elements of the Online Store.
10.3 By posting in the Online Store Assessments, which are works within the meaning of the Act of 4.2.1994 on copyright and related rights – grants the Seller a non-exclusive and free of charge and unlimited in time and territory license to use these works by the Seller, together with the right to grant a sublicense to the Seller’s Partners, which includes making the work publicly available in such a way that everyone can access it at a place and time of their choice (Internet). The license is granted for all exploitation fields known at the time of its granting, in particular for the following exploitation fields:
10.3.1 in the scope of recording and multiplying the work by any technique – in particular by printing, reprographic, magnetic recording, digital, i.e. using any techniques on any audiovisual or visual medium, in particular on audiovisual discs, CDs, computer disk, in the network multimedia, including Internet and related online services, and reproduction, recording, use on the Internet, advertising, reproduction of records in electronic form in computer memory and in internal and external networks,
10.3.2 using the whole or fragments or any elements of the work with the possibility of modification resulting from the nature of the given medium and

internet – in all publications, in particular online, digital, bulletins and information, alone or in combination with other works or fragments of works; using in whole or in part for promotion and advertising, in particular in the form of audiovisual, audio and media advertisements.
10.3.3 in the scope of trading in the original or copies on which the work was recorded – placing on the market, lending for use, rental of the original or copies
10.3.4 in the scope of dissemination of the work in a manner other than specified above – public performance, exhibition, display, reproduction, broadcasting and re-broadcasting, as well as making the work publicly available in such a way that everyone can access it at a place and time of their choice ,
10.3.5 use of works for promotional and marketing purposes;
10.4 Removal of the Account by the Customer or the Assessment in accordance with section 9 point 8 does not affect the validity of the above license.
11. Final Provisions
11.1 These Terms of Use are effective from 2021.12.06.
11.2 In the event of a change or annulment of any of the provisions of these Regulations by a decision of a competent authority or court, the remaining provisions remain in force and bind the Seller and the Customer.
11.3 The law applicable to any disputes related to the Regulations is Polish law. These disputes will be resolved by a locally competent common court. The Customer who is a Consumer may also use out-of-court methods of dealing with complaints and pursuing claims. All information on out-of-court methods of dealing with complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at the address: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated procedures are voluntary and both parties must agree to them.
11.4 Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, we inform you that a platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is a website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.
Appendix 1 – Information on exercising the right of withdrawal
1. The right to withdraw from the contract on the following terms is also available to a person conducting a sole proprietorship who makes a purchase of a non-professional nature, i.e. resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity . The right to withdraw from the contract on the following terms is vested in – the Consumer. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days:
1.1 in the case of a sales contract, from the date on which you came into possession of the item or on which a third party other than the carrier and indicated by you came into possession of the item;
1.2 in the case of a contract requiring the transfer of ownership of multiple items that are delivered separately from the date on which you acquire possession of the last item or on which a third party other than the carrier and indicated by you acquires possession of the last item;
1.3 in the case of a contract requiring the transfer of ownership of items delivered in batches or in parts, from the date on which you came into possession of the last batch or part or on which a third party other than the carrier and indicated by you came into possession of the last batch or part;
1.4 in the case of contracts for regular delivery of items for a fixed period of time, from the date on which you came into possession of the first item or on which a third party other than the carrier and indicated by you came into possession of the first item;
1.5 in the case of contracts the subject of which is the provision of services or digital content that is not delivered on a tangible medium – from the date of conclusion of the contract.
2. To exercise the right to withdraw from the contract, you must inform us, i.e.: IMAGINARY MUSIC ADAM BAŁDYCH ul. MIIECZYKÓW 64A 05-500 NOWA WOLA NIP: 599 269 74 48 REGON: 081194521
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

3. In order to return the ordered Goods, the User should contact the Seller by sending an e-mail to info@imaginarymusicpl. If you use this option, we will immediately send you a confirmation of receipt of information on withdrawal from the contract on a durable mediumat.
4. In order to meet the withdrawal deadline, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the withdrawal period expires.
5. If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the type of delivery chosen by you other than the least expensive type of standard delivery offered by us), immediately and in any case not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. We will make the refund using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise.
6. In the case of contracts requiring the transfer of ownership of things, in which we did not propose to collect the Goods in the event of withdrawal from the contract – we are to withhold the refund until we receive the goods or until we receive proof of sending them back, depending on which event occurs before.
7. Please send the returned item to the following address: IMAGINARY MUSIC ADAM BAŁDYCH ul. MIECZYKÓW 64A 05-500 NOWA WOLA NIP: 599 269 74 48 REGON: 081194521 immediately, and in any case not later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the period of 14 days has expired. You will have to bear the direct cost of returning the item.
8. Due to the weight and dimensions of the Goods, in the event of withdrawal from the contract – returning the Goods may involve higher costs than ordinary postage. If you want to use the services of courier companies, it may be necessary to send the parcel on a pallet, which is more expensive than ordinary postal mail.