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Kolekcjoner - Rules currently in force

RULES FOR THE COLLECTOR ITEMS SALES CONDUCTED BY THE ONLINE SHOP


§ 1 General Provisions

The Rules lay down the principles for the conduct as well as the rights and obligations of the participants of transactions concluded at the online shop, operating at the address https://kolekcjoner.nbp.pl.

§ 2 Definitons

Terms used in the Rules have the following meaning:
1) personal data controller – NBP;
2) sale price – the price inclusive of due value-added tax at which collector items are offered for sale at the online shop;
3) DES – Cash and Issue Department of NBP (in Polish: Departament Emisyjno-Skarbcowy);
4) days – calendar days;
5) operating days – days from Monday through Friday, save for statutory public holidays and public holidays, as stipulated by separate regulations;
6) ID – a document with a photo, confirming the identity of the bearer – in the case of a citizen of the Republic of Poland showing his/her PESEL number;
7) card — a payment card issued under payment systems: Visa, MasterCard and Dinners Club;
8) catalogue of production features – specification of admissible and inadmissible production features of collector coins. The specification is accessible at NBP regional branches and on NBP’s website (www.nbp.pl);
9) customer ‒ a natural person, legal person or organizational unit without legal personality, having the capacity to perform legal acts, which effected the registration and obtained access to the online shop via the created account;
10) account – a set of resources and rights at the online shop, assigned to a specific customer, with a unique name (login) and password enabling the placement of orders for collector items;
11) NBP – Narodowy Bank Polski with its registered office in Warsaw at ul. Świętokrzyska 11/21;
12) individual recipient – a natural person purchasing collector items outside his/her economic activity, or a natural person not conducting economic activity;
13) institutional recipient – a natural person who is not an individual recipient, a legal person or an organizational unit without legal personality;
14) security package – a tamper-evident security envelope, which allows seeing the purchased collector item without opening the envelope, sealed with a tape provided with mechanical, thermal and humidity indicators;
15) authorised person – a natural person having the capacity to perform legal acts, who has been authorised by the customer to collect collector items purchased at the online shop;
16) card payment via the internet – a method of payment of the amounts due for the orders, by card, in which it is not possible to divide the amount due for a relevant order into smaller amounts, or to make a single payment for more than one order;
17) payment in an NBP regional branch – payment made in cash or with a payment card for the collector items ordered via the online shop and collected in the NBP Regional Branch in Warsaw; 
18) registration – the account opening procedure;
19) online shop – a computer system which serves to enter into sale agreements between NBP and customers regarding the ordered collector items;
20) website of the online shop – the website https://kolekcjoner.nbp.pl, operated by Narodowy Bank Polski;
21) resolution – Resolution No 43/2013 of the Management Board of Narodowy Bank Polski of 5 December 2013 on the terms and conditions of sale by Narodowy Bank Polski of coins, banknotes, and numismatic items for collection and other purposes (M.P. of 2017, items 13 and 647 and of 2018, item 661); 
22) foreign institutional recipient – an institutional recipient with its registered office outside the territory of the Republic of Poland.

§ 3 Registration

1. Purchases via the online shop are subject to registration resulting in account activation.
2. Customers register by filling in a registration form on the website of the online shop.
3. In order to make a purchase at the online shop, the customer must accept the rules for the collector items sales ‒ available on the online shop website ‒ and consent to the processing of his/her personal data entered upon registration in order to service transactions concluded at the online shop.
4. A customer who performs the registration procedure may agree to have information and promotional material sent to his/her e-mail address provided upon registration.

§ 4 Customer account

1. The customer is granted access to his/her account at the online shop after entering his/her login and password.
2. The account contains the data entered by the customer upon registration. In the case of any modifications regarding these data the customer is obliged to update them by using the “My account” and “Address contact details” forms available after logging in. 
3. In the event of a loss of the password to the account the customer may retrieve it by using the "You don't remember password?" option („Nie pamiętasz hasła?”), available on the website of the online shop.

§ 5 Placement and completion of orders

1. NBP guarantees each and every collector item offered for sale at the online shop to be original and free from any unacceptable physical or legal defects.
2. In the event of collector items being delivered to a customer via courier service the cost of shipment, inclusive of insurance, shall be added to the sale price. The effective shipment cost is quoted on the website of the online shop. Delivery via courier service is offered to handle orders of collector items of up to PLN 20,000 gross value. 
3. A customer order placed by completing and accepting the order form represents an offer to purchase the product within the meaning of the provisions of the Polish Civil Code. While placing the order, the customer selects the method of payment (card payment via the internet/money transfer/payment at the NBP Regional Branch in Warsaw) and collection (courier delivery/collection at the NBP Regional Branch in Warsaw) as well as the form of registering the purchase (cash register receipt/VAT invoice). In the event when the customer chooses the option of collecting the purchased items at the NBP Regional Branch in Warsaw, the notification of the collection day shall be communicated within 10 days of the date of submission of the order or of the day of crediting the NBP account with the amount due. 
4. The order is approved for execution upon sending the confirmation of receipt thereof to the e-mail address given by the customer at the time of registration. The confirmation is sent automatically within 24 hours. It contains information on the order number and amount, method of payment and the collection of the ordered items.
5. Upon/when selecting the delivery of collector items by courier service, the customer is obliged to make a card payment via the internet or to pay the full amount due for the order by bank transfer, including shipment costs, within 7 days of receipt of the order confirmation. 
6. A cash register receipt or VAT invoice is issued for each order. NBP attaches this document to the sold collector items.
7. The ordered collector items are handed over:

1) via courier service, in security package, to the address indicated by the customer in the order form, within 7 operating days of the day of payment receipt. The delivery is effected only within the territory of the Republic of Poland;
2) at cash desks at the NBP Regional Branch in Warsaw, on the day as indicated, upon showing the identity document and providing the order reference number;
3) at DES – in the case of sales to foreign institutional customers.

8. In the case referred to in para. 7 point 2 the customer may provide details of the person authorised to collect the order at the NBP Regional Branch in Warsaw. This authorisation is effective once this person’s name, surname and his or her identity document number are entered in the "Authorised Person" („Osoba upoważniona”) form available after logging into the account.
9. The collection of order by an authorised person is conditional upon the signing of a declaration, at the time of collection of the collector items, the template of which constitutes Annex to these Rules. 
10. If ‒ after accepting the order ‒ it cannot be executed in full or in part for any reason beyond the control of NBP, NBP reserves the right to refuse to carry out the order, while forthwith notifying the customer of this fact. If the payment of the amount due was effected beforehand NBP shall refund the customer the amount due.
11. If no payment for the ordered collector items is received within 7 days of the confirmation of order, the order will be cancelled. If the collector items are not collected at the NBP Regional Branch in Warsaw within 7 operating days from the day on which it has been confirmed that such items are available, the order will be cancelled and the amount paid will be remitted to the account from which the payment originated or to the card used for making the payment; the payment will be refunded within 14 days of the scheduled collection day.
12. NBP reserves the right to decline carrying out the order if the data entered by the customer prove incomplete, inaccurate or false.
13. Any comments, requests and queries about the operation of the online shop, processing of personal data or carrying out placed orders should be submitted by e-mail, fax or telephone to the address or telephone number published on the website of the online shop.

§ 6 Processing of personal data of individual recipients

1. The personal data controller is Narodowy Bank Polski with its registered office in Warsaw at ul. Świętokrzyska 11/21, 00-919 Warsaw.
2. NBP ensures contact with the data protection officer at NBP by e-mail at the address iod@nbp.pl or by post at the address of the personal data controller. Detailed information concerning the data protection officer is available on the website: www. nbp.pl/RODO and in a publicly accessible location at the seat of NBP.
3. Personal data are processed by NBP for the purpose of:

1) maintaining the register of the sale of gold coins referred to in § 1 para. 3 of the resolution; 
2) purchasing collector items documented with a VAT invoice;
3) enabling carrying out orders placed by an individual recipient;
4) resolving complaints.

4. The provision of personal data is voluntary. The data are necessary in order to obtain an individual account at the online shop which enables submitting an order and purchasing collector items offered by the online shop.
5. NBP does not use personal data provided by customers for automated individual decision-making, including profiling 
6. The customer is responsible for the accuracy of the provided personal data, including the personal data of an authorised person.
7. The individual recipient has:

1) the right to request access to his or her personal data; 
2) the right to modify personal data, including their rectification; 
3) the right of erasure or to request restriction of processing of his or her personal data by NBP;
4) the right to object to his or her personal data processing by NBP; 
5) the right to request that NBP provides him or her with personal data made available to NBP in order to be transferred to another service provider;
6) the right of withdrawal of consent for the processing of personal data by NBP.

8. The individual recipient has the right to lodge a complaint with the supervisory authority: President of the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw.
9. Withdrawal of consent to the processing of personal data and the right to erasure of personal data shall not affect the legality of the processing carried out on the basis of the consent granted before its withdrawal. 
10. The right to require from the controller to erase personal data should be exercised without undue delay, provided that there are circumstances set out in the GDPR.
11. The data referred to in para. 3 points 1, 2 and 4 are stored by NBP for a period of 5 years, from the year following the year in which they were collected.
12. The data referred to in para. 3 point 3 are processed for the period during which the customer holds an active account at the online shop and in the case where the account has been removed, no more than 5 years, from the year following the year in which the account was removed.
13. The right referred to in para. 7 shall be exercised by an individual recipient with the data protection officer referred to in para. 2.
14. The provisions of paras. 1-12 do not affect the rights of customers regarding NBP’s liability in respect of the protection of personal data of individual recipients, arising from the general provisions of law.

§ 7 Processing of personal data of a person authorised by the customer

1. The personal data controller of persons authorised by the customer is NBP with its registered office at ul. Świętokrzyska 11/21, 00-919 Warsaw.
2. NBP ensures contact with the data protection officer at NBP by e-mail at the address iod@nbp.pl or by post at the address of the personal data controller. Detailed information concerning the data protection officer is available on the website: www. nbp.pl/RODO and in a publicly accessible location at the seat of NBP.
3. Personal data of the person authorised by the customer, i.e. given name, surname, identity document number are processed by NBP in order to enable the collection of order made by the customer. The provision of personal data is not obligatory, but if the customer fails to provide them, he or she will be obliged to collect the order. 
4. NBP does not use personal data concerning authorised persons provided by customers for automated individual decision-making, including profiling. 
5. The authorised person has:

1) the right to request access to his or her personal data; 
2) the right to modify his or her personal data, including their rectification; 
3) the right of erasure or to request restriction of processing of his or her personal data by NBP;
4) the right to object to his or her personal data processing by NBP; 
5) the right to request that NBP provides him or her with his or her own personal data made available to NBP;
6) the right to withdraw consent to his or her personal data processing by NBP.

6. The authorised person has the right to lodge a complaint with the supervisory authority: the President of the Office for the Protection of Personal Data: ul. Stawki 2, 00-193 Warsaw.
7. Withdrawal of consent to the processing of personal data and the right to erasure of personal data shall not affect the legality of the processing carried out on the basis of the consent granted before its withdrawal.
8. Personal data referred to in para. 3 are stored by NBP for a period of 5 years from the year following the year in which they were collected.
9. The right referred to in para. 5 shall be exercised by the individual recipient at the data protection officer referred to in para. 2.
10. NBP shall provide the information referred to in paras. 1-9 to the authorised person at the time of collection of the order from the internet shop by the authorised person at the NBP Regional Branch in Warsaw or at the time of ordering by the customer the delivery of collector items to the authorised person by courier service.
11. The provisions of paras. 1-10 shall not affect the rights of customers relating to NBP’s liability in respect of the protection of personal data of authorised persons, arising from the general provisions of law.

§ 8 Return of the purchased collector items

1. An individual recipient may return the collector items purchased at the online shop within 14 days from the date of their delivery by courier service or their collection at the NPB Regional Branch in Warsaw.
2. Returns of collector items shall be made at the customer’s expense to the following address: Narodowy Bank Polski, ul. Świętokrzyska 11/21, 00-919 Warszawa, with a note „Sklep internetowy” (”Online shop”), by post or courier service; NBP refunds the shipping cost in accordance with paras. 3 and 4.
3. The return of collector items by courier shall be made in intact, original security packages and must be accompanied by the cash register receipt. NBP shall, within 14 operating days from the date of the delivery of the collector items to the address specified in para. 2,

1) refund the equivalent of the amount due together with the shipping costs:

a) via bank transfer to the bank account from which the payment originated or
b) to the card used for making payment.

2) send a correcting invoice – where a document confirming the sale is a VAT invoice – to the correspondence address or e-mail address indicated by the customer.

4. The return of collector items collected at the NBP Regional Branch in Warsaw shall be made together with the fiscal receipt. NBP shall, within 14 operating days from the date of collection of the collector items:

1) refund the equivalent of the amount due:

a) via bank transfer to the bank account from which the payment originated or
b) to the account of the card used for payment, or
c) in cash at the NBP Regional Branch in Warsaw.

2) send a correcting invoice – where a document confirming the sale is a VAT invoice – to the correspondence address or e-mail address indicated by the customer.

§ 9 Complaints

1. For the purposes of considering a customer complaint in relation to collector items purchased by mail order at the online shop, the items concerned shall be delivered to the following address: Narodowy Bank Polski, Departament Emisyjno-Skarbcowy, ul. Świętokrzyska 11/21, 00-919 Warszawa, with a note „Sklep internetowy/reklamacja” (Online shop/Customer complaint), as well as a protocol whose template constitutes Annex 2 to this resolution and a fiscal receipt or a copy of the VAT invoice, as the proof of making the purchase.
2. DES shall consider the customer’s complaint no later than within 14 days from the complaint delivery to NBP.
3. In the case where the complaint is deemed legitimate:

1) NBP shall exchange the collector items being the object of the complaint for the same number of collector items of the same type free from defects; when they were purchased by mail order, their new delivery will be carried out at the cost of NBP, or
2) the customer will receive an amount equalling to the paid price with the possible costs of shipment; the amount due will be transferred to the bank account indicated by the customer, within 14 operating days from the date on which the complaint was considered justified; where the VAT invoice was issued, a correcting invoice will be sent to the address for correspondence provided in the complaint protocol within the above-mentioned time-limit.

4. Complaints concerning collector items exhibiting any physical damage due to their improper handling by customers will not be considered.

§ 10 Final provisions

1. Any amendments to the Rules governing the online shop may be made unilaterally by NBP at any time. The customer shall be advised of the amendments at the first logging into the system following their introduction. In the case of failure to accept the amended Rules, it will be impossible to place orders at the online shop.
2. Amendments to the Rules shall become effective on the date specified by NBP. Orders placed before the effective date of the amendments shall be effected in accordance with the procedure binding theretofore.
3. NBP holds proprietary copyrights to the online shop and all the works contained therein, among other things, the online shop logo and the NBP trademarks.
4. All matters not regulated by these Rules shall be governed by the generally applicable provisions of law.

Annex - Statement of Authorised Person