TERMS AND CONDITIONS OF USE OF THE ONLINE SHOP

§ 1


1.    Subject to the rules specified in these terms and conditions, consumers (hereinafter: “Consumers” or “Customers”) can use the online shop available under the address (“the Service”) to place orders for the following products offered as a part of the Service:
a) basic products such as, for example: gadgets, gifts, tourist publications
b) special products such as, for example, the Tourist Card  
hereinafter the “Goods”
2.    The sale of a special product, i.e. the Tourist Card, takes place additionally in line with the Tourist Card terms and conditions available under the following address: www.kartaturysty.visitgdansk.com. In the event of discrepancies between these Terms and Conditions and the Tourist Card terms and conditions, provisions of the Tourist Card terms and conditions shall apply.
3.    The Manager of the Service is the Gdańsk Tourist Organization with its registered office in Gdańsk (80-810), Uczniowska 22 Street entered to the register of entrepreneurs under the number KRS 0000119108 maintained by the District Court Gdańsk-North in Gdańsk, VII Economic Department of the National Court Register, NIP: 5811887198, REGON: 191881979, e-mail:sklep@visitgdansk.com, telephone number: +48 58 105 70 80 (hereinafter “the Shop”) 

4.    Only physical persons with the full legal capacity can use the Service.
5.    The acceptance of provisions of these Terms and Conditions prior to order placement is the necessary prerequisite of using the Service.
6.    The introduction of any content that is illegal or in breach of good practices to the Service is prohibited.
7.    The customer should have an active e-mail account.
8.    The Service does not automatically collect any information except for the information contained in cookies. Cookie files are IT data, in particular, text files, that are stored in the Customer’s terminal and serve the use of web pages of the Service. The cookies contain the name of the website they originated from, duration of their storage in the terminal and the unique number. Cookie files are used to store the information for functionality purposes, e.g. recording of browsing preferences. The goal is to facilitate the browsing during the next visit to the Service. In order to be functional, cookies have to be accepted in the browser and not removed. In many cases, Internet browsers allow for the storage of cookies at the Customer’s terminal by default. Customers can change their settings regarding cookies at any time. In particular, these settings can be changed so as to block the automatic processing of cookies in the Internet browser settings or to inform about each introduction of cookies to the Customer’s device. The detailed information concerning the possibility and methods of processing of cookie files is available in the settings tab of your Internet browser
9.    The information regarding the Service and also the processing of matters related to the ongoing operation of the Service is available on the phone under the number +48 58 105 70 80 from 8:00 to 16:00 or on the 24/7 basis via e-mail under the address:  sklep@visitgdansk.com


§ 2


1.    The detailed information about the Tourist Card and other products offered for sale via the Shop is included in the appendix 1 to the Terms and Conditions.
2.    Promotions related to the sales of basic and special products can be organized via the Service.
3.    Promotions are organized on the basis of provisions contained in these Terms and Conditions and the regulation of a specific promotion. If in doubt, the provisions of the regulation of a specific promotion shall prevail.
4.    Promotions can be temporal or valid until the exhaustion of the promotional offer
5.    Only the Goods indicated by the Shop are sold promotionally. To participate in the promotional sales, one should meet the conditions indicated in the regulation of the promotion.
6.    Participation in the promotional sales is always voluntary and entails the acceptance of provisions of these Terms and Conditions and the provisions of the regulation of a specific promotion. While participating in the promotional sales, the participant is obliged to comply with specified rules and confirm the fulfilment of all prerequisites of participation in the promotional sales
7.    If required for safety reasons or other reasons beyond the control of the Shop, including technical issues, temporary restriction of access to the promotional sales is possible. In such a situation, the Shop shall not be responsible for the limited accessibility of the Service and the promotion.
8.    The Shop can discontinue the promotional sales at any time by stating the reason and can introduce any changes to these Terms and Conditions and to the regulation of a specific promotion. Changes introduced in this manner are not effective for participants who made a promotional purchase before the promotion suspension or change of regulations.
9.    Promotions valid in the Shop do not combine with any other promotions in force for the Tourist Card. The Customer can take advantage of one promotion at the customer’s option unless the regulation of the given promotion expressly provides for the possibility to combine a few promotions.
10.    Complaints regarding the promotional sales shall be submitted in writing to the following address: Gdańsk Tourist Organization (Gdańska Organizacja Turystyczna), ul Uczniowska 22, 80-530 Gdańsk, Poland. A complaint shall contain the full name, the firm of the Customer as well as the accurate description and reason for the complaint. Complaints shall be examined immediately but not later than within 14 days of their receipt.
11.    The Shop reserves the right to exclude the Customers whose actions contradict the morality, violate the justified interests of the Shop or the Service, undermine their image or violate the laws or the rules of social co-existence or involve systematic infringements of these Terms and Conditions or the regulation of a specific promotion.
12.    Promotion regulations will be made available via the Service.
 


§ 3


1.    Order placement in the Service takes place upon the completion of fields of the form that has to be subsequently submitted to the Shop via the Service.
2.    Order receipt confirmation takes place by way of the dispatch of the appropriate information to the e-mail address submitted by the Customer when logging in.
3.    Orders can be placed on the 24/7 basis and are valid for 7 days as of the end of the working day on which they were placed. A working day is any day from Monday through Friday except for statutory holidays and the working day ends at 15:10
 

§ 4


1.    The Customer is informed of the order receipt by way of the dispatch of an e-mail with the order confirmation, separate from the one provided for in § 1.1 of the Terms and Conditions
2.    The order confirmation by the Shop is the necessary condition of the effective conclusion of an agreement with the Customer
 

§ 5


1.    As soon as the order is confirmed, the Shop proceeds to order processing.
2.    All changes to the order placed by the Customer or its withdrawal is only possible before the commencement of the order processing.
3.    The Customer can take advantage of the rights mentioned in clause 1 above by sending a notification to the following e-mail address: sklep@gdansk4upl or on the phone under the number: +48 58 105 70 80
 

§ 6


1.    The order is completed immediately but not later than within 1 working days as of the dispatch date of the order confirmation. The lead time does not include the time needed for the delivery by the carrier delivering the Goods
2.    If the Customer places a few orders in one working day the ordered goods can be dispatched together after the entire order is combined.
3.    A VAT invoice is the sales document.
 

§ 7


1.    The customer executes payments for the ordered Goods at the customer’s option selecting one of the following methods:
a.    using the forms of payment indicated in the Service directly via the Shop or an entity acting on behalf of the Shop,
b.    by transfer to the bank account of the Shop: 89 1090 1590 0000 0001 1084 6151
2.    The Shop returns the Payment if the order is not confirmed in the mode specified in § 4 of the Terms and Conditions. The price paid will be returned to the customer in full. The reimbursement takes place with the use of the same payment method as the one selected by the customer
 

§ 8


1.    Deliveries. Goods ordered from the Shop are delivered by a carrier conducting business involving the delivery of dispatches as per the carrier’s Terms and Conditions available here (Poczta Polska)
2.    The Shop is not responsible for the delivery time but makes every effort for the delivery to take place as quickly as possible.
3.    Upon the delivery of the ordered Goods, they should be unpacked and checked for compliance with the order. Any damage or irregularities found shall be immediately reported to the Shop.
4.    As for the Tourist Card or another Commodity whose non-compliance with the order can be verified in the course of its use, the Customer shall inform the Shop about its damage or non-compliance with the order immediately after the commencement of its use with the statement of circumstances in which the damage or non-compliance of the Goods were detected.
 

§ 9


1.    Pursuant to the regulations of the Act of 10 May 1014 on consumer’s rights (Dz.U. of 1014, item 817), the Customer has the right to renounce the agreement with no statement of reasons within fourteen days from the date of taking possession of the purchased commodity by the Customer or a third party indicated by the Customer (other than the carrier)
2.    The renouncement of the agreement takes place by way of the renouncement notice submitted to the Shop. The renouncement term is complied with if the Customer sends the notice to the postal or e-mail address of the Shop indicated in § 1.1 of the Terms and Conditions prior to its expiry.
3.    An example of the renouncement form is contained in the Appendix 1 to the Terms and Conditions. The Customer is not obliged to use the sample form, however, irrespectively of the form of renouncement, the Customer has to submit the related express statement compliant with the legal regulations in force.
4.    If the Customer takes advantage of the right to renounce the agreement the Customer shall be encumbered with direct costs of return of the Goods to the Shop
5.    As for the Tourist Card, the Customer cannot renounce the agreement due to the fact that the agreement is concerned with the rendering of services related to leisure and the service period thereunder was specified in the agreement (art. 18.11 of the Act of 10 May 1014 on consumer’s rights)
 

§ 10


1.    The Customer has the right to submit complaints in cases indicated in the laws in force if the Goods have a physical or legal defect (warranty for defects)
2.    Complaints regarding the Goods can be submitted in any manner permitted under the laws in force including the sending of a complaint in writing by post to the address of the Shop specified in § 1.1 of the Terms and Conditions
3.    An example of the complaint form is contained in the Appendix 1 to the Terms and Conditions. The Customer is not obliged to use the sample form, however, irrespectively of the form in which the complaint is submitted, it is necessary to comply with the requirements provided for in the laws in force.
4.    The proof of purchase shall be enclosed with the complaint. In order to process the complaint, it is necessary to review the Goods.
5.    In the case of a complaint regarding the Tourist Card, the Customer is additionally obliged to meet the requirements provided for in item VI of the Tourist Card terms and conditions.
 

§ 11


1.    The administrator of personal data submitted by the Customer while using the Service is Gdańsk Tourist Organization with its registered office in Gdańsk, Uczniowska 22 Street
2.    The submission of personal data is voluntary. However, such data are necessary to register in the Service, submit an order, conclude and perform under the sales agreement.
3.    The Customers can access their personal data at any time via the Service. The Customers can update or correct their personal data at any time.
4.    Customer’s personal data are processed subject to the rules defined in the act of 19 August 1997 on data security (Dz.U. of 1014, item 1181 as amended) to conclude and perform under the sales agreement
6.    The Customer’s consent is the basis for the processing of personal data. The consent to data processing is granted for the purpose of:
a) surveys, promotions and contests organized by the Gdańsk Tourist Organization;
b) the receipt of commercial information from the Gdańsk Tourist Organization on paper or via electronic means of communication as per the act of 18 July 1001 on services rendered electronically (Dz.U. of 1011, item 1411 as amended);
c) the receipt of notifications related to the performance under the agreement from the Gdańsk Tourist Organization on paper or via electronic means of communication as per the act of 18 July 2001 on services rendered electronically
7.    The Customer can revoke the consent to data processing at any time by way of the submission of an appropriate statement
8.    The Gdańsk Tourist Organization has the right to communicate the Customer’s data to entities that process them for the needs of the Service according to the legal regulations in force, rules of these Terms and Conditions as well as with respect to the instructions of the Gdańsk Tourist Organization aimed at the application of appropriate means to protect the confidentiality and security of information
9.    The Customer’s data can be communicated to entities and organizations cooperating with the Gdańsk Tourist Organization with the Customer’s consent  
 

§ 11


1.    The contents of the Terms and Conditions are available from the Shop’s website: …. and in its office
2.    Terms and Conditions can be changed. The change shall be communicated to the public by way of the publication on the website: www.gdansk4u.pl with an indication of the date of entry into force
3.    If any of the provisions of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, legal regulations in force shall be applied in its place while other provisions of the Terms and Conditions shall remain in force.
4.    The sales of Goods via the Shop and the Customer service is subject to the provisions of the Polish law, including the Act of 11 April 1964 – Civil Code (Dz. U. of 1014, item 111 as amended) and the Act of 10 May 1014 on consumer’s rights (Dz.U. of 1014, item 817)


TOURIST CARD RULES AND REGULATIONS
I. DEFINITIONS
1. Tourist Card Project – a special offer for the people visiting the Pomeranian Voivodeship aimed to promote tourism.
2. Organiser – Gdansk Tourist Organisation Association with its registered office in Gdańsk (80-530) at ul. Uczniowska 22, entered in the register of associations, other community and professional organisations, foundations and independent healthcare facilities of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk under number KRS 0000139108, tax identification number (NIP) 5832887298.
3. Partner – entity participating in the Tourist Card Project, who under the contracts concluded with the Organiser shall offer its products or services to the Card Users on special terms defined in the Guide.
4. Establishment – the Partner's establishment accepting the Tourist Card.
5. Guide – information about offers of and discounts granted by the Partners; the Guide shall contain the address details, photograph of the Partner's product, service or registered office, and a description, available on the Internet website www.visitgdansk.com/kartaturysty.
6. Card User – the Tourist Card buyer who completed the Card Activation.
7. Tourist Card – a plastic card carrying electronic data of the Packages, having its individual number and an electronic chip, also storing the Card User's details (customised). The medium can be used repeatedly to store an unlimited number of Packages purchased by the owner.
8. Packages – special offers of the Partners targeted at the Card Users and valid throughout the term of the time Option starting on the date of Package Activation. The Packages are stored in the Tourist Card in the form of electronic data.
9. Package Activation – Package Activation is conducted at the time of sale by the Card User and requires the stating of the activation date by the Card User. The package activation may take place exclusively during the validity term stated in the description of each and every Package. The time Option starts upon the Package Activation.
10. Time Option – 24, 72, or 120 hours – depending on the type of purchased Package.
11. Package – an electronic ticket, constituting an additional offer top-up for the Tourist Card accepted by the Establishments described in the Guide, entitling to discounts, rebates or benefits described in the Guide.
12. "Transportation" Package – an electronic ticket, constituting an additional offer top-up with Time Option accepted by the means of public transportation in the Gdańsk Bay Area Metropolitan Transportation Association (Railway-public transportation metropolitan ticket of all organisers) on the terms defined in Resolution no. 20/2007, with later changes, of Zgromadzenie Metropolitalnego Związku Komunikacyjnego Zatoki Gdańskiej, available in the current version on the Internet website www.mzkzg.org, which is subject to change on the terms defined in the aforementioned documents.
13. Reader – control device enabling verification whether the specific Tourist Card contains an activated Package entitling to admission to a specific Establishment, to a discount or to other benefits.
14. Authorised Point of Sale – Tourist Information Point managed by the Organiser. List of Authorised Points of Sale can be found on the Internet website www.visitgdansk.com/kartaturysty .
15. Partner Point of Sale – a different point of sale of the Tourist Cards and Packages. Partner points of sale are listed on the Internet website visitgdansk.com/kartaturysty


II. GENERAL INFORMATION
1. The Tourist Card constitutes an offer of discounts, rebates or benefits granted by the Partners as a part of the individual Packages described in detail in the Guide and valid throughout the term indicated in the Guide.
2. The discount offer as a part of individual Packages shall be available from the moment the Package is entered in the Tourist Card. The Package constitutes an electronic ticket constituting a top-up of the Tourist Card:
a. It is accepted by the Establishments or by the Partners described in the Guide on the terms and conditions described in the Guide. Information about the benefits offered as a part of a specific Package can be found in the Guide;
b. The discount, rebate or a different benefit being a part of the Package may be used exclusively after the verification of the Tourist Card and Package validity in the Reader available at the specific Establishment. The Card User shall provide the Tourist Card to the Partner for verification. IN the case of doubts as to the identity of the Card User the Card User shall confirm their identity using proper documents. If the Tourist Card is not provided or if it is found invalid or there is no valid Package or if the identity is not confirmed or if the Tourist Card holder is not the owner of the Tourist Card the Partner may deny the discount, rebate or a different benefit.
3. The "Transportation" Package constitutes an electronic ticket constituting a top-up of the Tourist Card:
a. Valid during the term of the Time Option;
b. Authorising to ride on buses, trolleybuses and trams of ZTM in Gdańsk, ZKM in Gdynia, MZK in Wejherowo and on the SKM trains between Luzino i Cieplewo (without section or zone limits) on the terms and conditions defined in Resolution no. 20/2007, with later changes, of Zgromadzenie Metropolitalnego Związku Komunikacyjnego Zatoki Gdańskiej, available in the current version on the Internet website www.mzkzg.org;
c. Authorising to unlimited number of changes of the means of transport on all connections of ZTM in Gdańsk, ZKM in Gdynia, MZK in Wejherowo and trains of railways Szybka Kolej Miejska (SKM) and Przewozy Regionalne (PR) - on the sections the end so of which are the stations: Babi Dół, Cieplewo, Luzino and Reda Rekowo, on the terms and conditions defined in Resolution no. 20/2007, with later changes, of Zgromadzenie Metropolitalnego Związku Komunikacyjnego Zatoki Gdańskiej, available in the current version on the Internet website www.mzkzg.org;
4. The Organiser may change the offer at any time as a part of individual Packages by expanding them to include additional Establishments, additional rights to discounts or other types of rebates or services. The change of the offer, referred to in the previous sentence, shall apply as of the introduction of the corresponding change on the Internet website www.visitgdansk.com/kartaturysty.
5. The Organiser may change the offer at any time as a part of individual Packages by removing specific Establishments, rights to discounts or other types of rebates or services from the offer. The change of the offer as a part of individual Package entailing removal of specific Establishments, rights to discounts or other types of rebates or services from the offer shall not apply to purchased and Activated Packages. The Organiser shall announce the change via the Internet website www.visitgdansk.com/kartaturysty.
6. After the Package is activate it is impossible to change the Time Option expiration date.
7. It is possible to repeatedly top up the Tourist Card with the Packages.
8. The full list of Partners is available on the Organiser's Internet website: www.visitgdansk.com/kartaturysty.
9. The Tourist Card is not a payment card.
10. The Tourist Card is a registered card. The owner's signature is required for the card to be valid.
11. The current version of the Rules and Regulations is available on the Organiser's Internet website: www.visitgdansk.com/kartaturysty .

III. PRICES
1. The sale prices of the Tourist Card and of individual Packages are determined by the Organiser.
2. Persons entitled to a rebate may purchase individual Packages taking into account the rebate.
3. In the case of Packages the rebates are available to:
a. war veterans - on the basis of war veteran ID;
b. the persons with impaired hearing (speech) - on the basis of the ID issued by the Polish Association of the Deaf;
c. retired persons and pensioners as well as widows/widowers after the retired persons and pensioners enjoying the retirement and pension benefits after the deceased spouse - on the basis of the retired person or pensioner's ID (ID issued by ZUS or a different social insurance company in the Republic of Poland) together with an ID document;
d. children from 4 to 7 years of age;
e. primary school, secondary school, high school post high school students until the 31st of December of the year in which they become 24 years old – on the basis of the school ID;
f. university students – on the basis of the student ID;
g. students of foreign universities until they become 26 years old – on the basis of the European Youth Card EURO<26 "Student" or the ISIC Card issued outside the territory of the Republic of Poland;
h. PhD students – on the basis of PhD student's ID or PhD studies participant's ID.
4. In the case of the "Transportation" Package the right to rebates in the public transportation is regulated by the Resolution No. 20/2007 as amended of the Assembly of the Gdańsk Bay Area Metropolitan Transportation Association. Information can be found on the Internet website: www.mzkzg.org.
5. The right to the rebate benefits persons having a valid document confirming the right with them. The person using the Tourist Card with a rebate Package should show a valid document confirming the right to the rebate on the request of the Partner or an authorised controller in the means of public transportation and at the Establishments.

IV. SALES NETWORK
1. The Tourist Card and the Packages are sold at the Authorised Points of Sale and at the Partner Points of Sale listed on the Internet website www.visitgdansk.com/kartaturysty, and also online – on the Internet website www.sklep.visitgdansk.com .
2. The "Transportation" Package is sold exclusively at the Authorised Points of Sale.
3. The Card User may return the "Sightseeing", "Family" or "Entertainment" Package without a cause within 4 hours after the purchase. In this case the Organiser shall immediately refund the paid amount to the Card User. The intention to return a Package should be reported to the Organiser at the Authorised Point of sale, whereas a Package purchased at a Partner Point of Sale can be returned only at the same Partner Point of Sale.
4. The Package, referred to in par. 3, shall not be returned after the Package is used.
5. The "Transportation" Package shall not be returned.

V. COMPLAINTS
1. In the case of a defective operation of the Tourist Card or a Package the User should immediately contact the Authorised Point of Sale or the Partner Point of Sale where these items were purchased.
2. In the case of a defective operation of the Tourist Card or a Package purchased in the Internet store http://sklep.visitgdansk.com please immediately contact one of the following points of sale:

a. Gdańsk Tourist Information Centre
Długi Targ 28/29 Street
phone: 0048 58 301 43 55
Open: 7 days a week
May – September: 09.00-19.00
October – April: 09.00-17.00

b. Tourist Information in Madison Shopping Gallery
Rajska 10 Street
e-mail: itmadison@visitgdansk.com
7 days a week
Monday - Saturday 09:00-19:00 Sunday 10:00-19:00 (also on trade free Sundays)

c. Tourist and Airport Information on Lech Walesa Airport in Gdansk-Rebiechowo
Słowackiego 210 Street
phone: 0048 58 348 13 68
Open: 7 days a week / 24h a day

3. When reporting complaints the Card User shall:
a. submit the complaint in writing (on the complaint form available at the point of sale);
b. provide the necessary details: Tourist Card number, date and time of Card or Package expiration and details enabling contacting the Cad User;
c. detailed description of the defective operation of the Tourist Card or a Package covered by the complaint;
d. present the Tourist Card;
e. present a purchase receipt;
f. indicate method of providing information about the resolution of the complaint.
4. The complaint may be submitted in Polish, English or German.
5. The complaint shall be resolved within 3 days after it is submitted, unless it proves impossible due to special circumstances. In this case the complaint resolution deadline shall be 7 business days. The Card User shall be informed about the resolution of the complaint (according to the decision of the person filing the complaint) in writing by registered letter or by electronic mail.
6. Complaints caused by reasons beyond the Operator's or Partners' control shall not be accepted.

VI. LOSS OF THE CARD
1. The Card User shall immediately inform the Organiser at the Authorised Point of Sale about the loss of the Card.
2. If the Organiser is informed about the loss of the Tourist Card the Organiser shall immediately block the Tourist Card. After the Tourist Card is blocked it will be impossible to use it again.
3. If the Card User reports the loss of the Tourist Card the Organiser at the Authorised Point of Sale, having charged a manipulation fee of PLN 25 www.visitgdansk.com/kartaturysty may grant a new Tourist Card number to the Card User. In order to assign a new number to the Tourist Card the Card User should provide the Organiser with a purchase receipt for the Tourist Card or a Package and the details provided in the purchase form.

VII. EFFECTIVE DATE OF THE RULES AND REGULATIONS
1. The rules and regulations shall enter in force on 1.05.2016.
2. The Rules and Regulations for the season 2015/2016 shall expire on 30.04.2016.

VIII. CHANGES TO THE RULES AND REGULATIONS
The Rules and Regulations are subject to change. The change may be published on the Internet website visitgdansk.com/kartaturysty with the date the change enters in force. The change to the Rules and Regulations shall not apply to Cards and Packages acquired by the Card User before the change to the Rules and Regulations enters in force.