Terms appendices II
Appendix B1.2 — InPost Pay Terms and Conditions
These additional terms and conditions apply to the InPost Payservice offered within the application - InPost Mobile.
The terms define the rules for providing the InPost Pay service via the InPost Mobile. The conditions of sale of goods or services remotely, concluded between you and the seller, are governed by the seller's sales terms.
Within these terms, we establish our and your rights and obligations related to using the InPost Payservice.
1. What is InPost Pay?
1.1. InPost Pay enables a quick purchase path in the seller's online store using personal data saved by you, as well as payment and delivery data within the InPost Account.
1.2. The InPost Pay service is available for remote sales agreements where delivery is to be made by InPost.
1.3. Within the InPost Pay service, we create a cart in the InPost Mobile, which is a digital service that allows you to:
1) place an order in the online store of the chosen seller via the InPost Mobile,
2) enter discount codes to reduce the payment amount for the order according to separate terms,
3) display the order summary (including possible delivery costs),
4) display the expected delivery date of the order,
5) make payment for the order through the payment gateway.
1.4. The cart is single-use. providing this service ends when you place an order or opt not to place it. However, the cart remembers information about selected InPost Mobile for the next 30 (thirty) days. Storing the cart's contents for this period does not guarantee the availability of selected goods or services to enable placing an order later.
1.5. We may inform you about the saved cart contents without finalizing the order, using messages under the InPost Mobile terms.
1.6. Using the InPost Pay service, including the cart service, is not associated with paying additional fees.
1.7. The payment gateway is part of the InPost Pay service. The payment gateway allows you to use selected payment methods for the order. The list of available payment methods is available in the InPost Mobile.
1.8. In every case, the sales agreement for goods or services is concluded directly with the seller. Within InPost, we only provide the digital functionality for creating the cart and completing the purchase process within the InPost Mobile.
2. How Can You Use InPost Pay?
A. General Information
2.1. To use InPost Pay, you must have an InPost Account, accept the current InPost Mobile terms, and the InPost Pay terms.
2.2. Before using InPost Pay for the first time, we will ask you to fill out an interactive form in the InPost Mobile and provide:
1) your name,
2) your e-mail address,
3) your residential address.
2.3. You can opt out of using the InPost Pay service at any time. Remember that deleting the InPost Mobile from your device is not equivalent to deleting your InPost Account or InPost Pay service data.
B. How Does the Purchase Process Work in InPost Pay?
2.4. You can start the purchase process with InPost Pay at any chosen seller's online store according to the available options. By clicking the "Add to InPost Cart" button on the selected product or service page on the seller's site, you will issue a command to transfer cart data to the InPost Mobile.
2.5. Then:
1) If you have an outdated InPost Mobile version, we will ask you to download and install the latest InPost Mobile version;
2) If you do not have an active InPost Account, we will ask you to register an InPost Account. We may also ask you to indicate preferred delivery and payment methods with InPost Pay;
3) If you have the current InPost Mobile version, an active InPost Account, and are logged into the InPost Mobile, we will guide you through pairing the shopping cart with the InPost Mobile and creating the cart using instructions displayed sequentially on the seller's online store and in the InPost Mobile.
2.6. After pairing the shopping cart and creating the cart in the app:
1) You will confirm the delivery and payment method in the InPost Mobile and review and accept the seller's sales terms;
2) You will place the order by clicking the "Order and Pay" button (in InPost Mobile versions older than 3.50, this button reads "Buy and Pay");
3) You will accept the sales terms of the chosen seller.
2.7. Acceptance of the seller's sales terms is necessary for us to successfully complete your purchase process.
2.8. When you buy products or services from the seller, the sales agreement is concluded according to the seller's sales terms, accepted by you. Usually, when you place an order, it means the sales agreement is concluded. However, sometimes the seller may specify in their sales terms that your order is only a purchase offer. In such cases, the sales agreement is concluded only when the seller, after verifying the availability of the ordered goods, confirms that they accept your order and can fulfill it. Confirmation of the order by the seller means acceptance of your purchase offer and the conclusion of the sales agreement.
2.9. If you purchase goods or services from the seller's online store and pay for them through InPost Pay, you automatically select delivery via InPost. You can choose the delivery from the options available in the InPost Mobile.
2.10. The seller sends confirmation of the sales agreement along with the sales terms to the email address you provided duringInPost Accountregistration. The seller issues and sends documents confirming the purchase of goods or services through InPost Pay according to their own sales terms.
C. Hot Products in InPost Pay
2.11. Within InPost Pay, we may promote offers and display information encouraging the purchase of selected goods from chosen sellers. We may also use placement mechanisms as defined by the Act on Counteracting Unfair Market Practices, which involves highlighting and specially marking seller offers within the visible "Hot Products" feature in the Shopping section of the Discover tab in theInPost Mobile. These offers are marked as promoted offers in two formats:
a. Carousel:
- Offers displayed with the name, store logo, price, and image visible;
- Users can click on an offer to view its details
b. Dropdown List (by clicking "see all") - presents a larger number of offers.
2.12. We highlight Hot Product offers based on specific criteria, such as the popularity of a given item, user interest, and high demand for certain goods. We do not receive any benefit related to the promoted item.
2.13. By clicking "I want this!" on the carousel or "+" on the dropdown list, you will be redirected to the product page on the seller's online store, where you can finalize the purchase - either directly on the seller's website or as a standard purchase through InPost Pay.
2.14. The exact order of display and the promotion period of products within the Hot Products functionality is determined based on:
a. your history of previous clicks on Hot Product offers;
b. your purchase history;
c. your search queries in the InPost Mobile.
2.15. You initiate the purchase of a product from a promoted offer within the Hot Products functionality in the selected online store. After starting this process, you may - but are not required to - pair your cart with InPost Pay and continue placing the order in the InPost Mobile.
3. What Are the Technical Requirements for Using InPost Pay?
3.1. The InPost Pay service is available on mobile devices with the Android operating system with active Google services or iOS. You can use InPost Pay only after logging into your InPost Account in the InPost Mobile.
3.2. The technical conditions for using the InPost Mobile are defined by its terms.
3.3. We do not guarantee the proper functioning of the InPost Pay service if you use hardware and software that do not meet the app's technical requirements.
4. How Do You Pay for Your Order in InPost Pay?
4.1. When you add goods or services to your cart in the InPost Mobile, you will see their full prices, including all charges such as duties and taxes, including VAT. If there are any payment restrictions for your order, the seller will inform you of them in their online store no later than at the start of placing the order.
4.2. Directly before placing the order, that is, before clicking the "Order and Pay" button (in InPost Mobile versions older than 3.50, this button reads "Buy and Pay"), we will show you the total price of the goods or services and any additional charges in the InPost Mobile.
4.3. Payments in InPost Pay are processed by external payment service providers. Before paying, familiarize yourself with and accept the payment provider's terms, following the instructions displayed on the screen.
4.4. Some payment methods, such as deferred payment, may require you to accept additional terms and undergo additional verification to ensure you meet the conditions set by the provider of that payment method.
4.5. If you place subsequent orders through InPost Pay, the InPost Mobile will remember the payment method you previously selected and display it when placing a new order. You can manually change the payment method to another by selecting from the available options on the dropdown list in the order summary in the InPost Mobile.
4.6. The seller covers the fees for using the payment methods you choose, except for transaction fees charged by your bank. You bear the costs associated with deferred payment according to the conditions set by the provider of this service. We will inform you of these costs no later than at the start of placing the order in the InPost Mobile. The payment service provider always provides information regarding these charges.
4.7. Payment for goods or services you purchase goes directly to the seller. When placing an order in the InPost Mobile, you can indicate that someone else (e.g., your employer) will pay for you by selecting the appropriate option in the order form.
4.8. In the app's cart, you can use vouchers and discount coupons granted to you. You can combine them, but the final amount to be paid by you cannot be less than 1 złoty (PLN). The rules for using vouchers and coupons are defined by separate terms adopted by their issuers. Vouchers and coupons from sellers are applied first, followed by those granted by us at InPost.
5. Delivery Terms with InPost Pay
5.1. When using InPost Pay, you can select only delivery options offered by InPost. The available delivery options are described in the InPost regulations, which you can find at: Regulaminy InPost - these include the regulations for the "Paczkomaty 24/7" service by InPost Sp. z o.o. and the InPost Mobile regulations. If you pay for purchases via InPost Pay, you automatically choose delivery through InPost according to the options displayed in the InPost Mobile.
5.2. Directly before placing an order in the InPost Mobile, you will see the delivery options, schedules, and costs available for your cart. The seller will inform you of any delivery restrictions no later than at the start of placing the order in their online store.
5.3. In your InPost Account, you can add and save delivery addresses to use for future orders in InPost Pay.
5.4. You can track your delivery status in the InPost Mobile under the "Tracking Shipments" section.
6. Payment Card Terms
A. General Information
6.1. The following provisions apply to your activities in InPost Pay if you consent for InPost to save and store a unique code (token) of your payment card used for purchases in online stores of sellers via InPost Pay.
6.2. Within InPost Pay, we provide a service for storing your payment card code (payment token). This service is free of charge.
6.3. If you consent to save the payment token, it will constitute an agreement between you and InPost for providing electronic services. You do not need to provide this consent to use the InPost Mobile and InPost Pay.
6.4. The payment token storage service is available only to InPost Mobile users and is provided according to its regulations.
6.5. The rules for using the payment gateway and available payment methods are described in other sections of the regulations.
B. What Does the Payment Token Storage Service Include?
6.6. InPost allows you to save an encrypted payment card code (payment token) in your InPost Account for easier and secure card payments for goods and services purchased from sellers in InPost Pay.
6.7. You can use the payment token storage service only for your payment card, for which a token has been previously generated. You cannot use a payment card code belonging to someone else.
6.8. You can save more than one payment token in your account.
6.9. As part of the payment token storage service, we use a third-party service for generating network tokens in cooperation with globally recognized card organizations, such as Visa and MasterCard. This means that if your payment card expires, a new card issued by your bank will be visible in your InPost Account via the associated token, allowing you to use it for further payments until you delete the saved token from your InPost Account.
6.10. InPost does not store full details of your payment card, such as the number, expiration date, or CVC/CVV code.
6.11. Payment tokens are stored securely, protected from unauthorized access.
6.12. You can generate and save a payment token after making your first card payment in InPost Pay and completing strong authentication, as well as after consenting to save the generated payment token in the InPost Mobile.
6.13. Strong authentication is conducted via your bank's or payment institution's website or mobile InPost Mobile, according to the terms of your agreement with them or the payment card's regulations.
7. How Can You Use the Payment Token Storage Service?
7.1. To use the payment token storage service, you must have the latest InPost Mobile version, create an InPost Account, use InPost Pay, and agree to save the payment card code (payment token) in the InPost Account settings. You can use the payment token storage service only after logging into your InPost Account.
7.2. Using the payment token storage service requires you to set a PIN number, which allows access to the InPost Account functions for saving the token.
7.3. You can opt out of the payment token storage service at any time by deleting all saved tokens from your InPost Account.
7.4. During a purchase via the InPost Mobile, payment by card is the default payment option displayed. You can change it and select another payment method from those available in the payment gateway.
7.5. By clicking the "Order and Pay" button (in InPost Mobile versions older than 3.50, this button reads "Buy and Pay") after selecting card payment, you agree to initiate the payment process using the payment token.
7.6. The second and each subsequent payment using the payment token does not require strong authentication unless the card issuer deems it necessary.
7.7. Card payments are processed and settled by the payment gateway provider.
7.8. InPost does not provide payment services to you or your selected seller. At no stage of the purchase process do we have access to payment funds; we do not participate in their processing or settlement and are not responsible for their correct execution.
8. What Are We Responsible For?
A. Scope of InPost Responsibility
8.1. Within InPost Pay, we help you complete the purchase of goods or services from the seller via the InPost Mobile. However, the sales agreement for these goods or services is concluded directly between you and the seller, and InPost is not a party to it. The seller is responsible for all matters related to the sales agreement, offer, and purchase warranty.
8.2. InPost is responsible for the operation of the InPost Mobile, including InPost Pay, under the regulations, and for delivery according to separate regulations. Payment confirmation for an order from the seller is sent to you by the entity handling payments through the payment gateway.
8.3. By accepting these terms, you agree that:
a. The payment gateway may be temporarily unavailable — any such unavailability will be communicated to you as soon as possible via the app;
b. The functions of the payment gateway may change;
c. If you wish to use the deferred payment service for an order in > InPost Pay, you must undergo additional verification. We are not > responsible for the inability to fulfill your order if you do not > meet the conditions required by the provider of this service or if > the payment fails for any other reason.
8.4. Our responsibility in other areas of our business related to InPost Pay is described in separate regulations concerning postal services, which you can find on our website: Regulaminy InPost.
B. What Is the Seller Responsible For?
8.5. Within InPost Pay, the seller is responsible for:
a. complying with all legal obligations towards you, especially those related to your consumer rights, conformity of goods with the sales agreement, quality guarantee, and the right to withdraw from a remotely concluded agreement;
b. clearly informing on their website, at the beginning of the order placement process, about all terms and restrictions related to delivery and payment, especially about delivery costs;
c. sending you confirmation of the sales agreement and sales terms according to applicable regulations;
d. proper execution of the sales agreement, including delivery of goods to you and ensuring that the goods comply with the sales agreement.
8.6. Other rules of the seller's responsibility are defined by their sales terms, which you must accept each time before completing an order in the InPost Mobile.
C. What Are You Responsible For?
8.7. Remember that you are solely responsible for providing correct and complete information during InPost Account registration or updates. This includes account data used for logging into InPost Pay (Google, Apple ID), payment methods, and the delivery address and method.
8.8. related to using InPost Pay, you are responsible for damages resulting from:
a. using the payment token storage service if the payment card encrypted with the token belongs to someone else;
b. sharing login data with third parties;
c. an unauthorized third party using a mobile device on which you have the InPost Mobile installed or saved login data. Your responsibility is excluded from the moment you report the loss or theft of this device to us and we block the InPost Mobile, or when you change your InPost Account login data.
8.9. Your rights and obligations towards the seller related to the purchase of goods or services in InPost Pay are defined by the seller's sales terms and applicable legal regulations.
8.10. Your rights and obligations towards the payment gateway provider related to agreements concluded with them are defined by the provider's service terms and applicable legal regulations.
9. How to File a Complaint About InPost Pay?
9.1. If you have any problems with the app's operation, InPost Pay service, or payment token storage, you can file a complaint online at: Złóż reklamację w InPost.
9.2. The complaint should include your name, surname, email address used for account registration, and a description of the problem. If it concerns payment token storage, also provide the payment card number.
9.3. We will review your complaint within 30 days of receipt. On the day we receive the complaint, we will send you an email confirming its receipt.
9.4. We will inform you of the complaint resolution via email to the address from which you sent the submission.
9.5. Complaints regarding the sales agreement are handled by the seller according to their established terms.
9.6. If your complaint concerns the payment service, report it directly to the payment provider, following the principles and deadlines specified in their regulations. If you submit such a complaint to us, we will forward it to the payment provider and inform you.
10. What Is the Significance of the Terms and Conditions and How Do We Change Them?
10.1. By accepting the terms, you enter into an agreement with us for providing electronic services.
10.2. If you use InPost Pay in a manner inconsistent with the terms or legal regulations, your InPost Account may be blocked by us at any time and with immediate effect.
10.3. If you delete your InPost Account, our agreement with you for using InPost Pay is immediately terminated. You can delete your InPost Account at any time. We may also delete the InPost Account on our initiative in cases specified in the terms, such as when you submit content to the InPost Mobile that violates the law, as well as if we cease operations related to InPost Pay.
10.4. If you are a consumer, you have 14 days to withdraw from the agreement with us without giving a reason. You can do this by sending us an appropriate statement. InPost will confirm receipt of your statement via email.
10.5. You can stop using InPost Pay at any time. If you do not agree to changes in the terms or privacy policy, you must do so no later than the day before they come into effect.
10.6. After deleting your InPost Account, you can recreate it at any time. When you delete your InPost Account, all data about your transactions and cart will be removed from the InPost Mobile, and restoring them is not possible. InPost may store this data in its systems until the complaint deadlines expire. If you create a new InPost Account, you must enter the data from scratch.
10.7. The agreement for payment token storage ends immediately when you delete your InPost Account. However, you can stop using the payment token storage service at any time.
10.8. We may change the terms if the law or InPost Mobile functions, including InPost Pay, change, and in situations described in the InPost Mobile terms.
11. What Other Information About InPost Pay is Worth Knowing?
11.1. All rights to the InPost Mobile, including InPost Pay, and its texts, graphics, photos, videos, programs, tools, databases, trademarks and logos belong to InPost. You cannot copy or share materials from the InPost Mobile without written permission from InPost unless the law allows it.
11.2 If something is not expressly regulated in these terms, the principles from other InPost terms apply, which you can find on the website: Regulaminy InPost.
11.3. All matters related to these terms and the use of InPost Pay are governed by Polish law. Disputes will be resolved by the appropriate Polish court.
Appendix B1.3 - Consumer rights regarding digital content or services
Article 43j of Polish Consumer Rights Act
Full Text on Consumer Rights:
1. The entrepreneur shall provide the consumer with digital content or a digital service promptly after the conclusion of the contract, unless the parties have agreed otherwise.
2. Digital content is considered delivered when the content itself or the means to access or download the digital content has been made available to the consumer or a physical or virtual device chosen by the consumer for this purpose, or when the consumer or such device has gained access to it.
3. A digital service is considered delivered when the consumer or a physical or virtual device chosen by the consumer for this purpose has gained access to it.
4. If the entrepreneur has not delivered the digital content or digital service, the consumer may request its delivery. If the entrepreneur does not deliver the digital content or digital service promptly or within an additional, explicitly agreed timeframe by the parties, the consumer may withdraw from the contract.
5. The consumer may withdraw from the contract without requesting the delivery of digital content or a digital service if:
1) It is clearly evident from the entrepreneur's statement or circumstances that they will not deliver the digital content or service, or
2) The consumer and entrepreneur agreed, or it is clearly evident from the circumstances of the contract conclusion, that a specified delivery date of the digital content or service was significant for the consumer, and the entrepreneur did not deliver them within that date.
6. The burden of proof for the delivery of digital content or a digital service lies with the entrepreneur.
7. In the event of the consumer withdrawing from the contract, the provisions of Article 43o apply accordingly.
8. The provisions of paragraphs 1-7 do not apply if the contract stipulates the delivery of digital content via a tangible medium.
Summary of Key Information:
Services that qualify as "digital content" or "digital services" are provided to you promptly unless we have informed you of a different delivery time before you select them. If, despite selecting the digital content/service, you do not have access to it, you may request its delivery from us. You also have the right to withdraw from the contract under the terms described in the summarized provision.
Article 43h of Polish Consumer Rights Act
Full Text on Consumer Rights:
1. Digital content or digital services are considered compliant with the contract if, in particular, their:
1) Description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and availability of technical support and updates are consistent with the contract;
2) Suitability for a particular purpose that the consumer needs, which the consumer informed the entrepreneur of no later than at the time of contract conclusion and which the entrepreneur accepted.
2. Additionally, for digital content or digital services to be deemed compliant with the contract, they must:
1) Be suitable for purposes for which digital content or services of the same type are normally used, considering applicable legal provisions, technical standards, or good practices;
2) Be provided in such quantity and possess such features, including functionality, compatibility, availability, continuity and security, as are typical for digital content or services of the same type, which the consumer can reasonably expect, taking into account the nature of the digital content or service and public assurances made by the entrepreneur, their legal predecessors, or persons acting on their behalf, particularly in advertising or labeling, unless the entrepreneur demonstrates that:
a) They did not know about the public assurance and, reasonably assessing, could not have known about it;
b) The public assurance was corrected before the contract was concluded, maintaining the conditions and form in which the public assurance was made, or in a comparable manner;
c) The public assurance did not influence the consumer's decision to conclude the contract;
3) Be provided with accessories and instructions that the consumer can reasonably expect to be delivered;
4) Be consistent with the trial version or announcement made available to the consumer by the entrepreneur before contract conclusion.
3. The entrepreneur informs the consumer about updates, including security updates, necessary to maintain compliance of the digital content or service with the contract and provides them to the consumer for the duration:
1) specified in the contract for the continuous delivery of digital content or services, or
2) reasonably expected by the consumer, considering the type of digital content or service and the purpose for which they are used, and the circumstances and nature of the contract if the contract provides for the delivery of digital content or services as a single event or in parts.
4. If the consumer does not install updates provided by the entrepreneur within a reasonable time according to paragraph 3, the entrepreneur is not liable for non-compliance of the digital content or service with the contract resulting solely from the lack of updates, provided that:
1) the consumer was informed about the update and the consequences of not installing it;
2) non-installation or incorrect installation of the update was not due to errors in the installation instructions provided by the entrepreneur.
5. The entrepreneur is not liable for non-compliance of the digital content or service with the contract concerning paragraphs 2 or 3 if the consumer, no later than at the time of contract conclusion, was explicitly informed that a specific feature of the digital content or service deviated from the compliance requirements specified in paragraphs 2 or 3, and explicitly and separately accepted the lack of a specific feature of the digital content or service.
6. If the contract provides for the continuous delivery of digital content or services, the digital content or service must remain compliant with the contract for the duration specified in the contract.
7. Digital content or services are delivered in the latest version available at the time of contract conclusion unless the parties agree otherwise.
8. For the integration of digital content or services, the provisions of Article 43b paragraph 5 apply accordingly.
Summary of Key Information:
Examples of whether the digital product offered to you is compliant with the terms are provided in the summarized provision. This also applies to updates of digital content or services (which are necessary to maintain compliance with the terms). We are not responsible for any non-compliance of the digital content/service with the contract (or terms) if, before your selection (e.g., before creating an InPost Account), we clearly informed you that a feature of the product deviates from those described in paragraph 2 of the summarized provision, and you accepted this in a clear and separate manner. Additionally, if we informed you about the necessity of performing updates and the consequences of skipping them (and did not provide incorrect instructions on how to carry out the update), and you still did not perform the update within a reasonable time, we are also not responsible for any non-compliance of the digital content/service with the contract (or terms) resulting solely from the lack of updates.
Article 43l of Polish Consumer Rights Act
Full Text on Consumer Rights:
1. The entrepreneur is responsible for non-compliance with the contract of digital content or digital services delivered as a single event or in parts, which existed at the time of delivery and manifested within two years from that moment. It is presumed that any non-compliance with the contract that becomes apparent within one year of delivery existed at the time of delivery.
2. The entrepreneur cannot rely on the expiration of the time period to identify non-compliance of digital content or services with the contract as specified in paragraph 1 if they have fraudulently concealed the non-compliance.
3. The entrepreneur is responsible for non-compliance with the contract of digital content or digital services delivered continuously, which occurred or manifested during the period they were supposed to be delivered according to the contract. It is presumed that any non-compliance that becomes apparent during this period occurred at that time.
4. The entrepreneur is responsible for non-compliance with the contract of digital content or services in the scope regulated by Article 43k paragraph 3, which occurred during the period specified in that provision.
5. The presumptions specified in paragraphs 1 and 3 do not apply if:
1) the consumer's digital environment is not compatible with the technical requirements that the entrepreneur clearly and understandably communicated before the contract was concluded;
2) the consumer, clearly and understandably informed before the contract was concluded of the obligation to cooperate with the entrepreneur to determine whether the non-compliance of digital content or services with the contract is due to the characteristics of the consumer's digital environment, fails to fulfill this obligation.
Summary of Key Information:
We are responsible for any non-compliance of digital content/services with the contract (terms) if it manifests within two years from the time of delivery. Regulations protect your rights, but in certain situations, this protection is limited (as described in paragraph 5 of the summarized provision).
Article 43m of Polish Consumer Rights Act
Full Text on Consumer Rights:
1. If digital content or services are not compliant with the contract, the consumer may request that they be brought into compliance with the contract.
2. The entrepreneur may refuse to bring the digital content or services into compliance with the contract if doing so is impossible or would incur excessive costs for the entrepreneur.
3. When assessing the excessiveness of costs for the entrepreneur, all circumstances of the case are considered, including the significance of the non-compliance and the value of compliant digital content or services.
4. The entrepreneur shall bring the digital content or services into compliance with the contract within a reasonable time after being informed by the consumer of the non-compliance, without undue inconvenience to the consumer, considering their nature and purpose. The costs of bringing the digital content or services into compliance with the contract are borne by the entrepreneur.
Summary of Key Information:
If the digital content/service is not compliant with the contract (or terms), you can request that we correct the non-compliance. We may address the non-compliance within a reasonable time and without undue inconvenience to you, unless bringing the digital content/service into compliance with the contract (or terms) is impossible or would incur excessive costs on our part.
Article 43n of Polish Consumer Rights Act
Full Text on Consumer Rights:
1. If digital content or a digital service is not compliant with the contract, the consumer may issue a statement for a price reduction or withdrawal from the contract when:
1) bringing the digital content or service into compliance with the contract is impossible or would incur excessive costs, as per Article 43m paragraphs 2 and 3;
2) the entrepreneur has not brought the digital content or service into compliance with the contract according to Article 43m paragraph 4;
3) the non-compliance of the digital content or service with the contract persists despite the entrepreneur's attempts to bring it into compliance;
4) the non-compliance of the digital content or service with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the remedy specified in Article 43m;
5) it is clearly evident from the entrepreneur's statement or circumstances that they will not bring the digital content or service into compliance with the contract within a reasonable time or without undue inconvenience to the consumer.
2. The reduced price must be proportional to the price in the contract, reflecting the value of the non-compliant digital content or service compared to the value of compliant digital content or service. If the contract states that the digital content or service is delivered in parts or continuously, the price reduction should consider the period during which the digital content or service was non-compliant with the contract.
3. The consumer cannot withdraw from the contract if the digital content or service is provided in exchange for payment of the price, and the non-compliance with the contract is insignificant. It is presumed that the non-compliance of digital content or service with the contract is significant.
Summary of Key Information:
In the situations described by the provision, you can request a price reduction or withdraw from the contract. You cannot withdraw from the contract if the digital content/service is paid for and the non-compliance with the contract (or terms) is insignificant - but it is our responsibility to prove that the non-compliance is indeed insignificant.
Article 43o of Polish Consumer Rights Act
Full Text on Consumer Rights:
1. After withdrawing from the contract, the entrepreneur cannot use content other than personal data provided or created by the consumer during the use of digital content or services provided by the entrepreneur, except for content that:
1) is useful only in connection with the digital content or service that was the subject of the contract;
2) relates solely to the consumer's activity during the use of the digital content or service that was the subject of the contract;
3) has been combined by the entrepreneur with other data and cannot be separated without undue difficulty;
4) was created by the consumer jointly with other consumers who can still use it.
2. The entrepreneur must provide the consumer, upon request and at the entrepreneur's expense, within a reasonable time and in a commonly used machine-readable format, content created or provided by the consumer during the use of digital content or services, other than personal data, except for content referred to in paragraph 1 points 1-3.
3. The entrepreneur may request the return of the physical medium on which the digital content was delivered within 14 days from the day of receiving the consumer's statement of withdrawal from the contract. The consumer must return the medium immediately and at the entrepreneur's expense.
4. The entrepreneur is not entitled to request payment for the time during which the digital content or service was non-compliant with the contract, even if the consumer actually used them before withdrawing from the contract.
5. The entrepreneur is obligated to refund the price only in the part corresponding to the non-compliant digital content or service and the digital content or service that no longer needs to be delivered due to withdrawal from the contract.
6. The entrepreneur must refund the price due to the consumer as a result of exercising the right of withdrawal from the contract or price reduction promptly, no later than within 14 days from the day of receiving the consumer's statement of withdrawal from the contract or price reduction.
7. The entrepreneur shall refund the price using the same payment method used by the consumer unless the consumer explicitly agrees to another refund method, which does not involve any costs for them.
Summary of Key Information:
The provision describes how and to what extent we can process the data you provided if you withdraw from the contract in accordance with your rights, as outlined in this appendix. It also specifies how you can access these data. Furthermore, the provision establishes rules for refunding the price for non-compliant digital content/services if you exercise the right of withdrawal described in the appendix.
Article 43p of Polish Consumer Rights Act
Full Text on Consumer Rights:
1. The entrepreneur may change digital content or services that are not necessary to maintain their compliance with the contract only if the contract provides for such changes and only for justified reasons indicated in the contract. However, the entrepreneur cannot change digital content or services delivered as a one-time event.
2. Implementing a change mentioned in paragraph 1 cannot involve any costs for the consumer.
3. The entrepreneur must inform the consumer clearly and understandably about the change mentioned in paragraph 1.
Summary of Key Information:
If we provide you with digital content/services continuously or in parts, we may make changes if the contract (terms) allows for such changes and justifies them. The change will not involve any costs on your part. We will inform you about this change.
Article 43q of Polish Consumer Rights Act
Full Text on Consumer Rights:
1. If the change mentioned in Article 43p paragraph 1 significantly and negatively affects the consumer's access to or use of digital content or services, the entrepreneur must inform the consumer with appropriate advance notice on a durable medium about the characteristics and timing of the change and the rights mentioned in paragraphs 2 or 3.
2. In the case mentioned in paragraph 1, the consumer may terminate the contract without notice within 30 days from the day the change mentioned in Article 43p paragraph 1 was made or informed about, if the notification occurred later than the change. Article 43o applies accordingly.
3. Paragraph 2 does not apply if the entrepreneur has provided the consumer with the right to retain, at no additional cost, the digital content or services compliant with the contract in an unchanged state.
Summary of Key Information:
If we intend to make a change to the digital content/service that is significant and negatively impacts your access to or use of the digital content/service, we must notify you in advance in an appropriate manner. If you cannot maintain the digital content/service in its unchanged state without incurring additional costs, you have the right to terminate the contract.
Article 32a of Polish Consumer Rights Act
Full Text on Consumer Rights:
1. In the event of withdrawal from the contract for the delivery of digital content or services, the entrepreneur, from the day of receiving the consumer's statement of withdrawal from the contract, cannot use content other than personal data provided or created by the consumer during the use of digital content or services provided by the entrepreneur, except for content that:
1) is useful only in connection with the digital content or service that was the subject of the contract;
2) relates solely to the consumer's activity during the use of digital content or services provided by the entrepreneur;
3) has been combined by the entrepreneur with other data and cannot be separated or can only be separated with disproportionate efforts;
4) was created by the consumer jointly with other consumers who can still use it.
2. Except for the cases referred to in paragraph 1 points 1-3, the entrepreneur must provide the consumer, upon request, with content other than personal data that was provided or created by the consumer during the use of digital content or services provided by the entrepreneur.
3. The consumer has the right to retrieve digital content from the entrepreneur free of charge, without obstacles by the entrepreneur, within a reasonable time and in a commonly used machine-readable format.
4. Upon withdrawal from the contract, the entrepreneur may prevent the consumer from further using digital content or services, especially by blocking access to digital content or services or blocking the user account. This provision does not affect the consumer's rights mentioned in paragraph 2.
Summary of Key Information:
The provision outlines the rules for our use of information (other than personal data) in the event that you withdraw from the contract for the delivery of digital content/services, as well as our rights to block access to digital content/services. It also specifies your rights to retrieve the content you provided.
Appendix B1.4: Template withdrawal form
Us:
InPost sp. z o.o.
ul. Pana Tadeusza 4
30-727 Kraków
Template Statement of Withdrawal
(please fill out and return this form only if you wish to withdraw from the contract)
Location, Date:
How to Withdraw?
You have 14 (fourteen) days to withdraw (days counted from the date of receipt of goods).
The completed withdrawal form should be sent to the email address: <[email protected]> or to our address indicated above.
Please send the paid shipment to our address indicated above.
Name and Surname:
Email Address:
Phone Number:
Statement of Withdrawal from Contract
I hereby declare, based on the Consumer Rights Act of May 30, 2014, that I withdraw from the digital services contract with InPost sp. z o.o., concluded on ..................... (date, year).
Signature
(Name and Surname)
Appendix B2: Services provided in Italy
Version: 1.0
Table of Contents
1) Introduction — What is this Appendix about?
2) Who is the contracting entity?
2*bis*) Description of the Services in Application
3) Which law applies?
3*bis*) Language versions.
4) How do we change the Agreement?
5) How can you get support?
6) How is personal data handled?
7) How can you file a complaint as the sender or the recipient of a parcel?
7-bis) How can you file a complaint as a simple user of the App?
7-ter) Reporting inefficiencies
8) How is compensation paid?
9) Which clauses require your specific approval?
10) What do these terms mean?
Appendix B2.1 — Withdrawal form
1) Introduction — What is this Appendix about?
The Agreement governs exclusively the terms and conditions of use of your InPost Account and the Application through which InPost digital services are made available. The Terms and Conditions set forth in this Regional Appendix (the "Addendum") apply to users either (*A*) because the contracting entity providing the out-of-Application postal services, whereto the digital services provided through the Application are instrumental or ancillary, is Locker InPost Italia S.r.l., or (*B*) for the other InPost digital services, including account management, if at the time of the creation of the latter the users in question have been assigned to the Italy region, (with reference to the cases "*A*" and "*B*", the "Assignment Rule").
Terms in bold have the meanings explained in the General T&C Glossary and, where not covered there, in the supplementary Glossary at the end of this document.
2) Who is the contracting entity?
2.1. For the services covered by this Appendix, your contracting entity is Locker Inpost Italia S.r.l. with single stockholder (in these Terms after also InPost Italy, Operator or Contracting Entity) — a company registered and operating under Italian law, with registered office at Viale Cassala no. 30 — 20143 — Milan, Italy, registered with the Chamber of Commerce of Milan Monza Brianza Lodi, REA Number MI — 2037066, VAT code and fiscal code and Enterprises' Register registration no. 08568700960, capital stock € 110,000.00 entirely paid up, subject to the direction and coordination activity of InPost S.A.
2.2. This Appendix supplements the Agreement and, where incompatible, takes priority over it.
2.3. The in-App services (referred to as "In-App Services") provided by InPost Italy on the Application are indicated and described in the table in Part I — B (referred to as the *List of Services Provided by InPost*) of the Agreement.
2.4. Locker Inpost Italia s.r.l. may modify the services available on the Application, introduce new ones from those listed in the General T&Cs matrix, or discontinue currently available services.
2.5. By accepting this Appendix, you also accept any services that may be introduced for Italy in the future from those listed in the General T&Cs matrix.
2.6. Some services may require you to accept additional terms and conditions for out-of-Application services (referred to as "Out-of-App Services") to which they relate, including the terms and conditions on the InPost Italy website, as in force from time to time, which you can find at: https://inpost.it/termini-e-condizioni.
2bis) Description of In-App Services
Below is a list and brief description of the In-App Services that InPost Italy may make available on the App. For an up-to-date list of the Time-by-Time In-App Services provided by InPost Italy, please check the Functionality Matrix in the current General Terms and Conditions, under the Italian region column.
- User Login and Registration: Create and Manage a Personal InPost Account
- Package status tracking:Tracking the status of the package. In this regard, this service is not applicable to parcels whose transport service has been purchased on the Inpost Italy website with Inpost Direct.
- Modification of user data(and especially change of email address): Updating and management of the user's personal information and contact details
- Package status notifications: receive timely updates and alerts regarding the delivery status of your package
- APM & PUDO Maps: Access to interactive maps to locate the nearest locker or pick-up point
- APM Remote Open: Opening the designated locker/AMP locker directly from the smartphone application.
- Marketing communication: receiving promotional offers, news and updates
- Car Play and Android Auto app: Opening the designated locker/AMP locker directly from the smartphone app integrated with the car.
- Easy access zone: possibility of choosing a locker box that is accessible.
- Redirection: In — App Service that allows you to change the delivery destination of the package in the Out — of — App Services.
- Inpost Direct: In - App service for the online purchase of the Out - of - App Service, which is named "Inpost Direct" as well. Once this purchase has been completed, the Terms and Conditions available at : inpost.it/termini-e-condizioni shall apply.
3) Which law applies?
This Appendix is governed by Italian law and complies with the requirements of Italian postal law. If you are a consumer, the mandatory provisions of the law of your place of residence that offer you more favourable protection will also apply.
If the general conditions of the Out-of-App Service conflict with this Appendix, the Out-of-App Service conditions prevail. If this Appendix conflicts with the General T&Cs, this Appendix prevails.
The InPost Italy Postal Services Charter is available at the link: inpost.it/carta-dei-servizi. The Agreement should always be read in a way that is consistent with the Services Charter.
InPost Italy does not commit itself to participating in alternative dispute resolution proceedings, unless required by law — such as in the dispute settlement procedure before AGCOM described in the Services Charter and in clause 7 of this Appendix.
You can still submit complaints directly to us, following the procedure in Article 7 of this Appendix.
3bis) Language versions.
This Appendix is available in Italian and English.
4) How do we change the Agreement?. Right of withdrawal.
4.1. In addition to Article 13, Part I, of the Agreement (called "How do we change the Agreement?"), when you are notified of a change to the Agreement, you have the right to accept the change or reject it. If you reject it, you have to close your Account within the period specified in the notice of change or, if no period is given, in the General Terms and Conditions. This is without prejudice to the terms and conditions of the Out-of-App Services.
4.2. If you do not close your Account within the specified period, your continued use of the Account and/or Application will be considered acceptance of the updated Agreement. In some cases, InPost Italy may ask for your express acceptance of the updated Agreement before you can continue using the Application.
4.3. In any case, you may exercise your right to withdraw from the Agreement by closing your Account or by sending InPost Italy the withdrawal form attached below (Appendix B1.4) and duly completed. Please note that withdrawal does not affect contracts already concluded for out-of-App services, and that after withdrawal you will no longer be able to use the Application or your Account.
5) How can you get support?
You can get quick answers and assistance by contacting us at:
Telephone assistance numbers: +39 0238582894 (both from landlines and mobiles, costs depend on the toll-free number of the telephone operator).
E-mail address: [email protected] .
Customer service availability: Monday - Saturday, 8:00 - 20:00 CEST.
6) How is personal data handled?
6.1. Your personal data is processed in accordance with applicable data protection legislation, including Regulation (EU) 2016/679 ("GDPR").
6.2. Our Privacy Policy and Cookie Policy explain how and why we process your personal data and how you can exercise your rights. You can find them at: terms.inpost-group.com/en/privacy-policy We encourage you to read them carefully.
6.3. To be fully transparent about how personal data is managed under the Agreement, here is an overview of the roles of the InPost group companies.
InPost sp. z o.o. ("InPost Poland") is the Data Controller of the personal data relating to the InPost Account, with specific reference to the processing operations related to the management of the security of the account, as well as the analysis and improvement of the quality of the service.
InPost Italy is the Data Controller of the personal data relating to the Mobile Application and providing the services offered through it.
6.4. Each Data Controller may appoint third parties as Data Processors under Article 28 of the GDPR. In particular, for certain processing related to services provided through the Mobile Application, InPost Poland acts as a Data Processor appointed by InPost Italy, acting on its instructions and on its behalf.
6.5. InPost Italia has appointed a Data Protection Officer under Article 37 of the GDPR (the "DPO" or "Data Protection Officer"). You can reach the DPO at: [email protected].
6.6. You can find the contact details of InPost Poland's DPO in the Privacy Policy.
7) How can you file a complaint as the sender or the recipient of a parcel?
7.1. If you are the sender or the recipient of the parcel, for the shipment of which an Out-of-App Service has already been purchased, and there has been an inefficiency with an In-App Service thereto related, you can file a written complaint with the Contracting Entity in the form, way and manner set out in the Services Charter and this article 7. to do so, if you are the recipient, you need however to provide the Contracting Entity with the prior written waiver of the sender's right to file such a complaint, together with your written complaint.
Complaints submitted in any other way will not be accepted, and we will let the complainant know.
7.2. Whenever you cannot file a complaint under paragraph 1 above, you can still file a complaint with the Contracting Entity under article 7-bis) below.
7.3. You cannot file a complaint through a Locker, a PUDO or PUDO staff.
7.4. You may submit a complaint no later than 6 months from the day the Package was delivered to us by the Sender.
7.5. Complaints submitted after this deadline will not be accepted.
7.6. Without prejudice to your possible right to sue the Operator for damages under Applicable Law, as the rightful complainant under paragraph 1 above, provided that you also fulfill the other requirements under paragraphs 2 through 5 above, you are entitled to compensation for inefficiencies as specified in the table attached to the Services Charter, which you can find at: https://inpost.it/carta-dei-servizi.
7.7. The compensation referred to in paragraph 6 will not be paid where the Contracting Entity's liability is excluded.
7.8. if a complaint submitted in electronic form, we will verify your identity by comparing the information you provide with the data in our system, to confirm whether you are the sender or recipient. This includes: name, surname, label number, e-mail address, telephone number.
7.9. The complaint must contain at least:
1) the name and surname or company name of the complainant;
2) if a complaint submitted by the recipient, the sender's Right to Claim Waiver form duly completed and signed, which can be found at the link: https://inpost.it/carta-dei-servizi;
3) the subject matter of the complaint;
4) the number of the shipping confirmation document or the number of the Package;
5) the reason for the complaint;
6) the signature of the complainant, in the case of a complaint submitted by registered mail, or the identification data of the complainant, in the case of a complaint submitted in electronic written form;
7) date of submission of the complaint;
8) list of any attached documents (e.g. photographs of the damaged package); e
9) the telephone number or e-mail address of the Complainant.
7.10. We will respond to complaints within 45 (forty-five) days of receiving a properly submitted complaint with all required attachments.
7.11. If your complaint does not meet the applicable requirements, we may contact you within 45 days to ask you to correct it. If you do not, the complaint will not be further investigated. We will provide you with a list of what needs to be corrected, along with a reasonable deadline and the consequences of not making corrections in time. This correction period will not count towards the 45-day response deadline mentioned in paragraph 10.
7.12. Messages about service issues that do not include an express request for compensation are not considered complaints under this Article 7.
7.13. The complaint procedure is considered exhausted when we communicate our decision — whether we accept, partially accept, or reject your complaint.
7.14. If we rule in your favour, or we otherwise reach an agreement, payment of the full agreed compensation will conclude the matter and you will not be able to initiate the conciliation procedure described in paragraph 15.
7.15. If you are not satisfied with the outcome of the complaint procedure, or if we do not respond, you may request a conciliation procedure with us, following the rules in the Services Charter. You may seek assistance from a national consumer and/or user association. The conciliation procedure will be concluded within 60 (sixty) days, with a report drawn up on the outcome.
7.16. If the conciliation procedure results in an agreement, payment of the full agreed compensation will prevent further recourse to AGCOM as described in paragraph 17.
7.17. If you are not satisfied with the outcome of the conciliation procedure, you may submit a request for dispute settlement to the Communications Authority ("AGCOM"), as indicated in the Services Charter. You may seek assistance from a national consumer and/or user association.
7.18. Regardless of the above remedies, you may also, at any time under Applicable Law, take legal action against us and/or initiate any of the alternative dispute resolution procedures provided for by Applicable Law.
7.19. If you are a consumer, the court of your place of residence or domicile in Italy will have jurisdiction. In other cases, the courts generally provided for by law will apply.
7-bis) How can you file a complaint as a simple user of the App?
7.20. In case you experience an inefficiency with an In-App Services but you or the service in question fail to meet the requirements under paragraph 1 of Article 7 above, you may still address a written complaint to the Contracting Entity.
7.21. In such a case, only paragraphs 3 through 13, 18 and 19 of Article 7 above shall apply, insofar as applicable to your case.
7-ter) Reporting inefficiencies
Even if you do not request compensation for an inefficiency, so that your demands do not qualify as a complaint under either articles 7) or 7-bis) above, you can still reach out to us to report any issue with the In-App Services, under article 5) above.
8) How is compensation paid?
If, at the end of the out-of-court proceedings described above, we uphold your complaint or AGCOM accepts your request, we will pay the compensation due within 30 days from our acceptance of the complaint or from AGCOM's decision.
9) Which clauses require your specific approval?
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, you confirm that, having read and understood the content, you specifically approve the following clauses: Article 12.2, Part I — A of the General T&Cs — Unilateral amendments to the General T&Cs; Article 14.3, Part I — A of the General T&Cs — Unilateral withdrawal from the Agreement or unilateral termination of the service by Inpost; Art. 4) Unilateral amendments to the Agreement by of InPost Italy, with the obligation to withdraw by the user in the event of non-acceptance of the modification - art. 7) Complaints (Termination of services in the event of non-acceptance of the changes to the Agreement and/or this Appendix) of this Appendix; art. 2.5 (Acceptance for services that may be introduced in the future for Italy) and 2.6 (Acceptance of specific Terms and Conditions of Out-of-App Services available on the Inpost Italy website) of this Addendum.
10) What do these terms mean?
- Out-of-App postal services:postal and/or logistics services to which In-App Services are instrumental or ancillary;
- In-App Services:digital services provided through the Application
Appendix B2.1: Model Withdrawal Form
- pursuant to Article 49, paragraph 1, letter h) of the Italian Consumer Code -
(please complete and return this form only if you wish to withdraw from the Agreement)
Recipient:Locker InPost Italia s.r.l, Viale Cassala, 30, 20143 - Milan
I/we (*) hereby give notice of withdrawal from my/our (*) contract of sale of the following goods/services (*)
Ordered on (*)/received on (*)
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s): (only if this form is served on paper)
Date
(*) Delete the unnecessary wording.
PART III — OTHER GLOBAL APPENDICES
Appendix C — List of Contracting Entities
1) For InPost Account and Appendix B1 to these Terms the contracting entity is: InPost sp. z o.o., a company registered and operating under Polish law, with its registered office in Krakow, at ul. Pana Tadeusza 4, 30-727 Krakow, Poland, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000543759, NIP number: 6793108059. You can contact us at www.inpost.pl/kontakt, or by calling 746 600 000 or 722 444 000, by starting a chat provided by us within our services or sending a letter to: InPost sp. z o.o., ul. Pana Tadeusza 4, 30-727 Kraków.
2) For Appendix B2 to these Terms the contracting entity is: Locker Inpost Italia S.r.l. with single stockholder (in these Terms after also InPost Italy, Operator or Contracting Entity) — a company registered and operating under Italian law, with registered office at Viale Cassala no. 30 — 20143 — Milan, Italy, registered with the Chamber of Commerce of Milan Monza Brianza Lodi, REA Number MI — 2037066, VAT code and fiscal code and Enterprises' Register registration no. 08568700960, capital stock € 110,000.00 entirely paid up, subject to the direction and coordination activity of InPost S.A.