Terms and conditions of the Mennica Polska online store
§ 1 Definitions
1. Terms used in these Regulations shall mean:
1) The Mint – Mennica Polska S.A. with its registered office in Warsaw (00-232), ul. Ciasna 6, KRS 0000019196 (the District Court for the capital city of Warsaw, 13th Economic Department), NIP 527-00-23-255, Regon 010635937, share capital of PLN 51,087,191, which operates the Store and sells Goods.
2) Shop – Internet Shop run by the Mint operating at the address https://inwestycje.mennica.com.pl, dedicated to Consumers. Entities conducting business activity interested in purchasing Goods are invited to contact us in accordance with the information available at https://inwestycje.mennica.com.pl/kontakt/.
3) Rules and Regulations – these Rules and Regulations which define the scope and conditions for the provision of services and the sale of Goods by Mint as part of the Store.
4) Merchandise – a product described on the Store’s website, the sale of which is provided for by the Mint through the Store in accordance with the provisions of the Regulations.
5) Customer – a natural person over 13 years of age interested in making a purchase in the Store, whereby in the case of persons under 18 years of age, the consent of their statutory representatives is required for legal transactions performed in accordance with the Regulations, unless they have full legal capacity.
6) Consumer – a natural person performing a legal act with the Mint which is not directly related to their economic or professional activity.
7) Buyer – the Customer with whom the contract of sale of the selected Goods or Goods has been concluded in accordance with the Regulations.
8) Portal – the website of the Mint shop located at the Internet address https://inwestycje.mennica.com.pl.
9) Account – Customer’s account created during the registration process in accordance with the Terms and Conditions, through which the Customer may make purchases in the Store. The creation of an Account is not necessary to make purchases in the Store.
10) Newsletter – electronic mail messages containing the Mint’s offers and up-to-date information on its products, which are dispatched by the Mint. The newsletter is sent free of charge.
11) RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
§ 2 General terms and conditions of using the Account and selling Goods
1. The use of the Account as well as the purchase of Goods through the Shop is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements:
1) An internet-connected device with an installed and ready-to-go web browser supporting at least XHTML 1.0, with JavaScript support.
2) Screen resolution of at least 1024 pixels.
3) Flash support is recommended. In addition, it is recommended that you accept cookies in your browser settings. Failure to accept cookies may result in discomfort in the use of the Portal.
2. No fees shall be charged or levied for registration in the Store and use of the Account. The foregoing shall not exclude the Customer’s obligation to pay in accordance with the Terms and Conditions for any Goods purchased through the Account.
3. The Customer is obliged to use the Store and the Account in accordance with the law and good morals, taking into account personal rights and intellectual property rights, in particular copyright, vested in the Mint or third parties.
4. The Customer is obliged not to take any actions that would affect the proper functioning of the Store. In particular, it is forbidden to interfere in any way with the content placed on the pages of the Store.
5. The provision of unlawful content by the Customer using the Account or the Shop is prohibited.
6. In the event that the Mint finds that the Client is in breach of the obligations and prohibitions in paragraphs 3 – 5 above, the Mint shall have the right to immediately block the Client’s Account and terminate the agreement for the provision of services by electronic means referred to in § 3 below.
§ 3 Account Agreement
1. The Customer may register with the Store and create an Account.
2. The Customer initiates the registration process by providing the following details in the registration form, available in the Shop:
1) Name;
2) e-mail address;
3) a password necessary for the login process;
4) renewing the password.
3. During the registration process in accordance with paragraph 2 above, the Customer is obliged to provide correct and up-to-date personal data. The Customer, having gone through the entire registration process and having created an Account, in its settings, can at any time correct errors or update the data listed in paragraph 2. above.
4. After completing the registration form in accordance with paragraph 2 above, the Customer is obliged to confirm that he/she has read the Terms and Conditions by ticking the appropriate checkbox, and then, he/she should validate the registration form. Failure to do so will prevent the completion of the registration process.
5. Effective approval of the registration form by the Client is the moment of creating an Account and concluding an agreement between the Mint and the Client for the provision of services by electronic means, the object of which is to make available the functionality of the Account, in accordance with the principles set forth in the Regulations (hereinafter: “Agreement”). The agreement is concluded in the Polish language. The content of the concluded Agreement shall be recorded, secured and made available by sending the Client an appropriate e-mail message immediately after the conclusion of the Agreement.
6. In addition, the Client, before approving the registration form in accordance with paragraph 4 above, may subscribe to the Newsletter by agreeing to receive commercial information from the Mint on its offers and promotions to the e-mail address provided, including by using automatic mailing systems. The consent is expressed by ticking the appropriate checkbox. The Newsletter ordering must be confirmed by the Client by clicking on the link received in the e-mail message sent to the provided e-mail address.
7. A Customer who has forgotten the password to his or her Account shall be provided with a password reminder function available on the login form. After selecting the password reminder option, the e-mail address used during the registration process in the Shop should be entered in the appropriate field. A link to the password change form will be sent to this e-mail address of the Customer.
8. Logging into the Account is possible after providing the e-mail address used during the registration process and the Customer’s password.
9. Browsing the pages of the Store as well as placing an order for Goods does not require having or logging into an Account. Placing an order for Goods requires providing personal data, including address data necessary for the fulfilment of the order. When placing an order through the Account for the first time, it is necessary to provide personal and address data not required during registration in the Store, necessary for the fulfilment of the order. This data, once entered, can be saved by the Customer within the Account for use in future orders, as well as at any time to correct errors or update this data in the Account settings.
10. The Customer has the right to delete his/her Account at any time. In order to delete the Account, the Customer should make such a request in the form of an e-mail sent to the e-mail address [email protected].
11. The Mint shall delete the Account upon receipt of the request referred to in paragraph 11 above without undue delay, and in any event within a period of no more than one month from receipt of the request.
12. Upon deletion of the Customer’s Account in accordance with paragraphs 11-12 above, the Agreement concluded with that Customer shall be terminated.
13. The deletion of the Account and the termination of the Contract shall not affect contracts for the sale of Goods concluded through this Account, which shall remain in force and shall be enforceable in accordance with the Terms and Conditions.
§ 4 Personal data, security
1. The Mint processes Customers’ personal data under the terms of the Privacy Policy available here.
2. The Mint shall ensure that Clients have continuous access to up-to-date information on specific risks associated with the use of services provided electronically and on the function and purpose of software or data that are not a component of the content of such services, entered by the Mint into the ICT system used by the Client. The aforementioned information can be accessed by sending a request to the e-mail address [email protected]. In case of any questions concerning the rules of confidentiality, technical measures used to prevent unauthorized persons from obtaining and modifying the personal data transmitted, the practices used in the Portal or the use of electronic services, the User may contact the Mint by mail, writing to the following address: Mennica Polska S.A., ul. Ciasna 6, 00-232 Warsaw or by e-mail sent to the address: [email protected]
3. Any online communication may lead to the disclosure of certain information about the Client. The Mint is not responsible for the Client’s use of other people’s personal data or for the actions of other Clients or third parties to whom the Client in question has provided or shared its data or content. The Client should not provide his/her name or other information about himself/herself if this is not necessary for the provision of the Services described in the Regulations.
§ 5 Placing an order, contract for the sale of Goods
1. Descriptions of the Goods placed on the pages of the Store constitute an invitation to conclude a contract of sale thereof within the meaning of Article 71 of the Act of 23 April 1964 Civil Code (consolidated text Journal of Laws of 2017, item 459 as amended).
2. The current prices of the Goods are given on the websites of the Store – they include value added tax (VAT). The price given next to each Goods is binding at the moment of placing the order by the Customer. At the stage of placing the order, the Customer shall be informed about available methods of delivery of the Goods and its costs, as well as possible limitations concerning the delivery of the Goods. The Goods are delivered only in the territory of the Republic of Poland.
3. An order is placed by the Customer when all of the following steps have been completed by the Customer:
1) specifying the type and quantity of Goods ordered;
2) to provide data necessary for the execution of the order;
3) the choice of the form of delivery of the Goods:
– in the case of collector’s or investment products, dispatch by courier service to the address specified by the customer;
– in the case of investment products, putting the Goods into safekeeping at the Mint, on the basis of a separately concluded safekeeping agreement;
4) choice of payment terms;
5) Confirmation of the order by the Customer by clicking on the button indicating that the order entails an obligation to pay.
4. Placing an order by the Customer for given Goods in accordance with the Regulations constitutes an offer to purchase these Goods on terms and at prices resulting from the description of these Goods placed on the pages of the Store.
5. Immediately upon receipt of the order, the Mint confirms acceptance of the order by means of an e-mail message sent to the e-mail address indicated by the Customer. The indicated message constitutes a statement of acceptance of the Client’s offer referred to in clause 4 above. The moment of accepting the Client’s offer as regards specific Goods constitutes the moment of concluding the contract of sale of these Goods.
6. In the content of the confirmation of acceptance of the order referred to in paragraph 5 above, the Mint confirms to the Buyer the terms of the concluded contract of sale of the Goods specified in the order. The above constitutes confirmation, making available, recording, securing the content of the concluded contract of sale of the Goods covered by the given order.
7. The place of conclusion of the contract of sale of Goods is Warsaw, 3 Annopol Street, 03-236 Warsaw.
8. The order is fulfilled if:
1) The order concerns Goods that are available;
2) The Buyer has paid for the Goods and delivery costs in accordance with the provisions of § 6 below.
3) The transaction complies with the requirements under the Act of 1 March 2018 on the prevention of money laundering and the financing of terrorism.
9. If the Buyer pays for the Goods and the order cannot be fulfilled, the Mint shall inform the Buyer of this and shall immediately refund the amount paid by the Buyer plus the statutory interest referred to in Article 359 § 2 of the Civil Code.
§ 6 Payment
1. The Buyer shall be obliged to pay for the ordered Goods and for the cost of issuance within 2 hours of ordering such Goods in accordance with § 5 above. If the payment is delayed with respect to the indicated deadline, the placed order shall be cancelled. If the Buyer pays for the Goods and for the costs of release after the deadline indicated above, Mint will inform the Buyer of this fact and immediately refund the amount paid by the Buyer.
2. The form of payment available in the Store is a fast electronic transfer – a service available to Customers with Internet bank accounts serviced by Autopay S.A. Any costs of payment processing incurred by the Buyer to the Mint in connection with the use of the aforementioned form of payment will not exceed the costs incurred by the Mint for the use of this form of payment.
3. Internet transfers are handled by the service Autopay joint-stock company with headquarters in Sopot, ul. Powstańców Warszawy 6, 81-718 Sopot, entered in the register of entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, VIII Economic Department of the National Court Register under the KRS number 0000320590, NIP 585-13-51-185, Regon 191781561, with the share capital of PLN 2,205,500 (fully paid up), supervised by the Polish Financial Supervision Authority and entered in the register of national payment institutions under the number IP17/2013. The Autopay S.A. service ensures the highest level of security of the transactions performed. The data of the Buyer making payment through the Autopay S.A. service are transferred directly to the Autopay S.A. service, bypassing the Store.
4. The use of the Blue Media S.A. service requires the prior acceptance of the Blue Media S.A. regulations by the Buyer.
§ 7 Performance of the contract
1.If the Goods are issued by dispatch by courier, after payment by the Buyer in accordance with § 6 above, the ordered Goods are dispatched to the Buyer within 5 (five) working days. The ordered Goods are delivered to the address provided by the Buyer. The maximum order processing time, including delivery of the ordered Goods to the Buyer is 30 calendar days.
2. If a specific time limit for dispatch or collection of the Goods is indicated on the Store’s website, such time limit shall apply.
3. The Buyer should check at the time of receipt of the Goods whether the Goods or the consignment are free from damage, e.g. caused during transport, and whether they comply with the order.
4. If the Customer chooses to place the Goods in safekeeping at the Mint, a proposal for a safekeeping agreement for the acquired Goods is sent to the Customer by e-mail, which constitutes an offer to conclude it. The storage agreement is concluded in documentary form after acceptance of its content by the Customer in a return e-mail.
§ 8 Withdrawal from the contract
1. With regard to investment products – in accordance with Article 38(1)2. of the Consumer Rights Act of 30 May 2014 (i.e. of 12 February 2020, Journal of Laws item 287, as amended), the Buyer may not withdraw from an agreement for the sale of an investment product, as such an agreement concerns a product for which the price depends solely on fluctuations in the financial market over which the Mint does not exercise control and, at the same time, the aforementioned price fluctuations may occur before the expiry of the deadline for withdrawal from the agreement, i.e. the deadline of 14 days. At the same time, the Mint informs that the probability that such fluctuations will occur within the aforementioned period is close to 100 per cent.
2. Withdrawal from the contract of sale of a collector’s product:
1) A Buyer who is a Consumer who has concluded a contract for the sale of a collectible product in accordance with the Regulations may, within 14 days of its conclusion, withdraw from it – as a contract concluded at a distance – without stating a reason and without incurring costs, provided that the Buyer bears the direct costs of returning the Goods.
2) The period for withdrawal from the contract of sale of a collector’s product, as indicated in point 1) above, shall start from the day on which the buyer or a third party other than the carrier designated by the buyer takes possession of the product.
3) A buyer who is a Consumer may withdraw from a contract for the sale of a collectible product by submitting a declaration of withdrawal to the Mint. The declaration can be submitted on the form available here.
4) To meet the deadline it is sufficient to send the statement before the deadline to the email address: [email protected] or in writing to the address: The Mint of Poland S.A., Domestic Trade Department, ul. Annopol 3, 03-236 Warsaw. The Mint will immediately send to the Buyer, on a durable medium, a confirmation of receipt of the declaration of withdrawal from the agreement submitted in the manner referred to above.
5) In the event of withdrawal from the contract of sale of a collector’s product in accordance with points. 1)-4) above, this contract shall be deemed not to have been concluded.
6) If the Buyer has made a declaration of withdrawal from the contract for the sale of a collector’s item before the Mint has accepted his offer, the offer shall cease to be binding.
7) The Mint shall immediately, but not later than within 14 days of receipt of the Buyer’s declaration of withdrawal from the contract, refund all payments made by the Buyer – subject to point 9) below.
8) The Mint will refund the payment by transfer to the bank account number from which the Buyer made the payment.
9) The Mint will withhold reimbursement of amounts received from the Buyer until it has received the Goods back or the Buyer has provided proof of return, whichever event occurs first.
10) The Buyer shall be obliged to return the Goods to the Mint or to hand them over to a person authorised by the Mint for collection immediately, but no later than 14 days from the day on which he withdrew from the contract of sale of such Goods. Sending back the Goods before this deadline is sufficient to meet the deadline.
11) The returned Goods should be sent back to the address: Mint of Poland S.A., ul. Annopol 3, 03-236 Warsaw.
12) The Buyer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
§ 9 Description of the Goods, Mint’s liability for the conformity of the Goods with the contract, Complaints
1. The Mint sells the Goods indicated by the Buyer in the order, consistent with the description of the Goods placed on the Portal. The Mint records in an electronic version, in the IT system managed by it, the content of the concluded sales agreement and delivers it to the Buyer upon the Buyer’s request.
2. The Mint shall deliver the Goods in conformity with the concluded sales contract. The Merchandise complies with the concluded contract of sale in the cases specified in Article 43 b of the Consumer Rights Act of 30 May 2014 (i.e. of 12 February 2020, Journal of Laws item 287 as amended) on consumer rights, in particular if its description, type, quantity, quality, completeness and functionality, in particular, remain compliant with the contract. In addition, the Goods, in order to be deemed to be in conformity with the contract, must:
1) be fit for the purposes for which goods of that type are normally used, taking into account applicable legislation, technical standards or good practice;
2) appear in such quantity and have such characteristics, including durability and safety, as are typical of Goods of that kind and which the Buyer may reasonably expect, taking into account the nature of the Goods and the public assurance made by the Mint, its predecessors in title or persons acting on their behalf, in particular in advertising or on labelling, unless the Mint demonstrates that:
(a) did not know of the public assurance in question and, judging reasonably, could not have known of it,
(b) prior to the conclusion of the contract, the public assurance has been rectified in the terms and form in which the public assurance was given, or in a comparable manner,
(c) the public assurance did not influence the buyer’s decision to conclude the contract;
3) be supplied with such packaging, accessories and instructions as the Buyer may reasonably expect.
3. If the Goods are not in conformity with the contract of sale, the Buyer may demand their repair or replacement.
4. The Mint may make a replacement when the Buyer requests a repair, or the Mint may make a repair when the Buyer requests a replacement, if it is impossible or would require excessive costs for the Mint to bring the Goods into conformity with the contract in the manner chosen by the Buyer. If repair and replacement are impossible or would require excessive costs for the Mint, the Mint may refuse to bring the Goods into conformity with the contract.
5. In assessing the unreasonableness of the costs to Mint, account shall be taken of all the circumstances of the case, in particular the significance of the non-conformity of the Goods with the contract, the value of the conforming Goods and the undue inconvenience to the Buyer caused by the change in the manner of bringing the Goods into conformity with the contract.
6. The Mint shall repair or replace within a reasonable time from the moment it is informed by the Buyer of the non-conformity with the contract and without undue inconvenience to the Buyer, taking into account the specific nature of the Goods and the purpose for which the Buyer purchased them. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Mint.
7. The Buyer shall make the Goods subject to repair or replacement available to the Mint. The Mint shall collect the Goods from the Buyer at its expense.
8. The Buyer shall not be obliged to pay for the mere use of the Goods which are subsequently replaced.
9. If the Goods are not in conformity with the contract, the Buyer may make a declaration to reduce the price or withdraw from the sales contract when:
1) The Mint has refused to bring the Goods into conformity with the contract in accordance with paragraph 4 above;
2) The Mint has failed to bring the Goods into conformity with the contract in accordance with paragraphs 4 to 6 above;
3) the non-conformity of the Goods with the contract continues even though the Mint has attempted to bring the Goods into conformity with the contract;
4) the non-conformity of the Goods with the contract is such as to justify either a reduction in price or withdrawal from the contract without first resorting to the remedies set out in paragraphs 3 to 6 above.
5) it is clear from the Mint’s statement or circumstances that it will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
10. The reduced price must be in such proportion as the value of the non-conforming Goods remains to the value of the conforming Goods.
11. The Mint shall reimburse to the Buyer the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the Buyer’s declaration of price reduction.
12. The Buyer may not withdraw from the contract if the non-conformity of the Goods with the contract is immaterial. The lack of conformity of the Goods with the contract shall be presumed to be material.
13. If the lack of conformity concerns only some of the Goods delivered under the contract, the Buyer may withdraw from the contract only in respect of those Goods and also in respect of other Goods purchased by the Buyer together with the non-conforming Goods, if the Buyer cannot reasonably be expected to agree to keep only the conforming Goods.
14. In the event of withdrawal from the contract, the Buyer shall immediately return the Goods to the Mint at its expense. The Mint shall return the price to the Buyer immediately, but no later than within 14 days of receipt of the Goods or proof of their return.
15. The Mint shall refund the price using the same method of payment used by the Buyer, unless the Buyer has expressly agreed to a different method of refund that does not incur any costs for the Buyer.
16. On the website of the Store are placed pictures of the Goods, e.g. gold and silver bars with an individual number of a sample bar or diamonds. The indicated photos of the Goods are for reference only; in particular, when assessing the size of a gold or silver bar/bronze/diamond, one should be guided by the numerical values indicated in the description of the Goods.
17. All doubts, queries and complaints about the Goods and in relation to the fulfilment of the order should be addressed to the following contact details:
1) in the case of investment products, by e-mail to: [email protected]
2) in the case of numismatic products by e-mail to: [email protected]
3) by telephone to:
investment products – 22 656 40 50 (Mon-Fri: 9.00-16.00)
Collector’s items – 22 656 41 96 (Mon-Fri: 9.00-16.00)
The consumer will not be charged more for a telephone call than for making a normal telephone call in accordance with the tariff plan he uses.
4) in writing to the address: Mennica Polska S.A. ul. Ciasna 6, 00-232 Warsaw by filling in the complaint form available here.
18. All complaints, including those relating to the provision of electronic services, shall be dealt with immediately, no later than 14 calendar days from the date of lodging the complaint. The complainant shall receive a reply in the form of an e-mail message, unless another form of reply is mutually agreed.
19. Complaints concerning non-conformity of the Goods with the contract shall be dealt with in accordance with the applicable provisions of Polish law, i.e. in the case of Consumers in particular on the basis of the provisions of the Act of 30 May 2014 on Consumer Rights (i.e. of 12 February 2020, Journal of Laws item 287 as amended).
20. At http://ec.europa.eu/consumers/odr, the Consumer has the possibility to use the EU online platform (ODR platform) to submit a dispute with the Mint for electronic dispute resolution. The ODR platform is a multilingual, interactive website for serving consumers residing in the European Union and businesses established in the European Union seeking out-of-court resolution of disputes arising from the conclusion of an online sales or service contract between them.
§ 10 Viewing investment products placed on safekeeping by the Mint
1. As part of the Agreement, the Mint shall provide Clients with the opportunity to view, via their Account, the investment products purchased by them and held by the Mint under the current custody agreements in force.
2. In order for the Customer to be able to access the functionality specified in subsection 1 above, he/she must have an Account and at the same time complete his/her data in the Customer profile with his/her PESEL number (and in the case of persons without PESEL: data in the form of identity document number and series, date of birth, country of birth) and telephone number as stated in the Customer’s custody agreement currently in force.
3. The Mint shall grant access to the functionality set out in paragraph 1 above if the Customer’s e-mail address used to set up the Account and the data provided by the Customer in accordance with paragraph 2 above are consistent with the data contained in the Customer’s custody agreement currently in force.
4. The Customer may use the functionality specified in subclause 1 above after he/she has accessed the “Your deposits” tab within the Account and each time his/her identity has been confirmed by entering the one-time code received on the telephone number.
§ 11 Newsletter
1. The Client may order the Newsletter by agreeing to receive from the Mint, at the e-mail address provided, commercial information about its offers and promotions, including with the use of automatic dispatching systems. The ordering of the Newsletter must be confirmed by the Client by clicking on the link received in the e-mail message sent to the provided e-mail address.
2. E-mail messages containing the Mint’s offers and up-to-date information on its products are sent as part of the Newsletter to the e-mail address provided by the Client.
3. The newsletter is sent free of charge.
4. The Customer may unsubscribe from the Newsletter by clicking on the appropriate link at the end of each message received within the Newsletter.
§ 12 Contact form
1. Within the framework of the Portal, a service is provided electronically free of charge which consists in the possibility of individual contact between the User and the Mint, including advice and answers to the User’s questions concerning, in particular, the possibility of the Mint fulfilling a specific order
2. Use of the service referred to in paragraph 1 above shall be made by performing the following steps:
1) completion by the Customer of the form available on the Portal;
2) confirm that you have read the Terms and Conditions by ticking the relevant checkbox;
3) Pressing the ‘Send’ button.
3. The Mint performs the service by answering a question asked via a form.
§ 13 Amendments to the Rules of Procedure
1. The Mint is entitled to unilaterally amend these Terms and Conditions to the extent that they have not been individually agreed with the Buyer for justifiable reasons. As justified is considered in particular the occurrence of one of the following circumstances:
1) A change in universally applicable laws in the Republic of Poland to the extent that such a change in the laws modifies the content of the Rules or imposes an obligation on the Mint to modify such content in a specific manner;
2) Issuance by public administration authorities, including in particular the President of the Office of Competition and Consumer Protection, of decisions, recommendations, commitments or acts of analogous nature to the extent to which the aforementioned administrative acts modify the content of the Regulations or impose an obligation on the Mint to modify such content in a specific manner;
3) Introduction by the Mint of new functionalities of the Portal/Internet shop or modification of their existing scope – in this case, an amendment to the content of the Terms and Conditions is permissible to the extent concerning such new functionalities;
4) Introduction by the Mint of new or modification of existing IT systems – in this case, an amendment to the content of the Rules is permitted to the extent that is objectively necessary and directly related to the introduction or modification of the aforementioned IT systems;
5) The emergence of judicial or administrative case law which indicates that contractual provisions analogous to those applied by the Mint may be contrary to the law, including in particular the law on consumer protection – in this case, a change in the content of the concluded Agreement will be admissible provided that, upon comprehensive consideration of the circumstances of a given case, it can be objectively considered that from the point of view of the average consumer customer of the Mint, the proposed change is in favour of such customer;
6) The Terms and Conditions need to be supplemented, clarified or modified due to universally applicable laws in the Republic of Poland or for the sake of greater transparency of its provisions for consumers – in this case, an amendment to the Terms and Conditions is permissible to the extent that it enables the adjustment of the Terms and Conditions to legal regulations or greater transparency of its provisions.
2. The Mint shall inform the Client through publications on the Portal at least of:
1) the content of the proposed amendment to the Rules of Procedure;
2) the date on which the amendment comes into force;
3) the right to object to the proposed amendment, the time limit for doing so and its consequences for the Buyer;
4) the uniform content of the Rules of Procedure as amended.
3. If, in the period prior to the effective date of the changes introduced in the Regulations, the Client does not object to these changes to the Mint, the Client shall be deemed to have accepted them. In the period prior to the effective date of the changes introduced in the Regulations, the Client may terminate the Agreement with immediate effect or raise an objection, as a result of which the Agreement shall expire on the day preceding the effective date of the changes introduced in the Regulations.
4. Amendments to the Regulations do not apply to sales agreements which the Buyer has expressed the will to enter into prior to the effective date of the amendment to the Regulations. In the case of such agreements, the provisions of the Regulations in force on the date of the Buyer’s expressed will to enter into an agreement with the Mint (this date will most often be the date of placing an order on the Portal) shall apply.
§ 14 Final provisions
1. In matters not regulated herein, the relevant provisions of Polish law shall apply. For the avoidance of doubt, it is assumed that none of the provisions of the Terms and Conditions limits the rights of the Consumer which they are entitled to under the provisions of the law in force on the territory of the Republic of Poland. In the case of the existence of such a provision, the provisions of the applicable law shall apply unconditionally. Disputes arising from the Regulations which cannot be resolved between the Purchasers and the Mint on an amicable basis will be settled by a common court of law with jurisdiction under Polish law. Any and all correspondence, statements, records and other verbal communications of this type shall be made in the Polish language.
2. The Mint is not responsible for fluctuations in the exchange rate of the Goods in the market and the value of the Goods purchased over time.