Terms and Conditions / Privacy policy

Terms and Conditions

Thank you for reading the Terms and Conditions of the Marimbazzi.com online store (hereinafter referred to as the “Store”) before making a purchase. This document:

– provides a detailed description of the Store’s functionality, including the services offered by the Store;
– outlines step-by-step instructions on how to make a successful purchase;
– regulates issues related to the right to withdraw from the contract for the provision of Digital Content (hereinafter referred to as the “Agreement”);
– describes the complaint procedure;
– includes other useful information and tips for the purchasing process.

Some provisions of the Terms and Conditions apply exclusively to Consumers. You are considered a Consumer if you are an individual using the Store:

-making a purchase for purposes not directly related to your business or professional activity, or
-making a purchase for purposes directly related to your business or professional activity, but the purchase is not of a professional nature, as it does not stem from the subject of your business activity.
A. Functionalities and Services Offered by the Store

Placing orders for products available in the Store in electronic formats.
Subscribing to newsletters (hereinafter referred to as the “Newsletter”) – currently inactive.
Digital Content is provided in the latest version available at the time of concluding the Agreement, unless the Agreement specifies otherwise. This is the case when we inform you (e.g., in the content card) of a specific version in which the Digital Content is sold.

B. What You Need to Start Shopping

To fully use the Store, you must have full legal capacity or be a legal entity or an organizational unit without legal personality, but capable of acquiring rights and incurring obligations on its own behalf.

You do not need any special equipment or software to make purchases in our Store. All you need is a device with internet access and an up-to-date web browser such as Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari. Additionally, you should have an active email account.

C. Shopping in the Store

To make a purchase in the Store, you must provide your first name, last name, country of delivery, and email address. For physical goods, you will also need to provide a shipping address. To make a purchase, complete the form by filling in the required fields in the payment section.

After making the payment and receiving the order confirmation, you confirm that you have read, understood, and accepted the Terms and Conditions and agree to abide by them.

After completing and confirming the accuracy of your personal data in the registration form, you will receive a confirmation email to the address you provided.

D. Purchase Procedure

Remember that the purchase of Digital Content may be subject to limited availability and time constraints.

Marimbazzi allows the following models for purchasing Digital Content:

a) Classic purchase of an electronic version of Digital Content;

b) Purchase of an electronic version of Digital Content offered in pre-sale;

c) Purchase of an electronic version of Digital Content for a third party.

The available purchase models for specific Digital Content are provided in the content card information.

The content cards, descriptions of Digital Content, and information regarding the price and availability of Digital Content do not constitute an offer under the Civil Code but an invitation to conclude a contract, as referred to in Article 71 of the Civil Code.

This means that by simply placing an order in the Store, you are not entering into a contract with Marimbazzi, you are only making an offer to purchase the Digital Content at the price and with the characteristics specified in the content card.

The fulfillment of offers resulting from confirmed customer orders will be carried out in the order in which confirmed offers are received until stocks are exhausted. Each Digital Content item in your order is subject to a separate offer.

After selecting the Digital Content, add it to the cart to make an offer to Marimbazzi to purchase it.

Then go to the cart and confirm your purchase offer by clicking the “Buy now” button or an equivalent one, and proceed with the payment (depending on the selected payment method, you may be redirected to the payment operator’s page). Payment details can be found in Section F of the Terms and Conditions.

After placing the offer and making the payment, you will immediately, and no later than within 24 hours, receive an email from Marimbazzi confirming the acceptance of your order. The contract is concluded when Marimbazzi sends this confirmation.

Marimbazzi reserves the right to refuse to sell Digital Content if you violate the Terms and Conditions or applicable laws.

Digital Content will be delivered immediately after Marimbazzi receives confirmation of payment from the payment processor, no later than within 24 hours. In the case of pre-sale, the delivery of Digital Content will take place after the release date, as specified in the content card, but no earlier than after Marimbazzi receives payment confirmation.

After Marimbazzi receives confirmation of payment for Digital Content, you will receive an email containing payment confirmation and instructions on how to download the purchased Digital Content.

E. How to Pay for Digital Content Purchases

Prices for Digital Content displayed on the Store’s website are in euros. Sales are made under the regulations of non-registered business activity in Poland.

You must pay for Digital Content in advance. Detailed information about the available payment methods will always be visible during the purchase process.

To ensure your convenience, we provide multiple advance payment methods: bank transfer, credit card, PayPal, or through one of the payment operators accepted by Marimbazzi.

You have the right to use the Digital Content for personal use.

You can read/play the downloaded Digital Content on electronic devices, store it on your computer or other devices to view the content, but you cannot alter the electronic structure or modify the file for any purpose other than private use.

Remember, you are not authorized to:

a) Distribute or introduce the Digital Content to the market, in whole or in part;

b) Interfere with the content of the Digital Content;

c) Publish, distribute, reproduce, or copy the Digital Content for anything other than personal use;

d) Remove owner markings and technical protections from the Digital Content;

e) Use the Digital Content for commercial purposes.

All sold compositions are registered with the Polish collective copyright management organization ZAiKS. If you publicly perform the work, you are obliged to report the performance to the appropriate copyright management entity, except for educational purposes.

F. Promotions

The Digital Content sold by Marimbazzi may be subject to promotional campaigns.

G. Right to Withdraw from the Agreement

The conclusion of the Agreement is conditional upon: 

a) Your consent, before placing the order, to deliver Digital Content before the expiration of the statutory fourteen-day withdrawal period, and 

b) Your statement, before placing the order, that you acknowledge that you will lose the right to withdraw from the Agreement once the Digital Content is delivered.

Regardless of the above, if you are a Consumer, you have the right to withdraw from the Agreement as long as we have not delivered the Digital Content to you. To do so, contact us at info@marimbazzi.com and provide the reason for withdrawing from the agreement.

If you are a Consumer, and despite your complaint about non-delivery of the Digital Content, we fail to deliver the Digital Content to you promptly or by the date agreed upon during the complaint process, you have the right to withdraw from the Agreement.

If you are a Consumer, even if you did not file a complaint related to the non-delivery of the Digital Content, you have the right to withdraw from the Agreement if we have stated or if it is clear from the circumstances that we will not deliver the Digital Content to you.

If you are a Consumer, even if you did not file a complaint related to the non-delivery of the Digital Content, you have the right to withdraw from the Agreement if the agreed-upon delivery date of the Digital Content was of significant importance to you, and we failed to deliver the Digital Content on that date.

In case of withdrawal from the Agreement, Marimbazzi will promptly refund all received payments, and in any case, no later than 14 days from the day Marimbazzi was informed of the decision to exercise the right of withdrawal. The refund will be made using the same payment methods that were used in the original transaction unless you have explicitly agreed to another solution. In any case, you will not incur any fees related to this refund.

H. How to File a Complaint About the Purchase

Marimbazzi is obliged to deliver Digital Content that is in accordance with the Agreement.

In case of non-conformity of the Digital Content with the Agreement, you have the right to file a complaint regarding the Digital Content based on warranty in accordance with applicable laws by sending a message to info@marimbazzi.com (with the recommended subject: “Complaint”);

Digital Content is in accordance with the Agreement if: 

a) The description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and availability of technical support and updates for the Digital Content are consistent with the Agreement; 

b) The suitability of the Digital Content for a specific purpose for which the Digital Content is needed by you as a Consumer, which you notified us of at the latest when concluding the Agreement, and which purpose we accepted, is in accordance with the Agreement; 

c) The Digital Content is fit for the purposes for which digital content of this kind is usually used, considering applicable laws, technical standards, or best practices; 

d) The Digital Content is provided in the quantity and has the characteristics, including functionality, compatibility, availability, continuity, and security, that are typical for this type of Digital Content and which you, as a Consumer, can reasonably expect, considering the nature of the Digital Content and public assurances made by us, our legal predecessors, or persons acting on our behalf; 

e) The Digital Content was delivered with accessories and instructions that, as a Consumer, you could reasonably expect; 

f) The Digital Content is consistent with the trial version or preview provided to you as a Consumer before concluding the Agreement.

The complaint should contain at least your first and last name or full name, email address of the order, identification of the Digital Content to which the complaint refers, and a description of the objections along with the request related to the filed complaint.

Remember that possible claims are governed by the provisions of the Act of May 30, 2014, on consumer rights related to consumer warranty by the Polish law.

Marimbazzi will respond to your complaint within 14 calendar days in the same manner in which you submitted the complaint, i.e., by post to the address provided in the complaint or via email, and will notify you of the further course of action.

Remember that as a Consumer, you should cooperate with us (to a reasonable extent and using the least burdensome technical means) to determine whether the lack of conformity of the Digital Content with the Agreement results from the characteristics of your digital environment.

J. How to File a Complaint About the Shop’s Operation

If you wish to file a complaint about the operation of the Shop, please submit your complaint in email form to info@marimbazzi.com (with the recommended subject: “Complaint”);

The complaint should include your personal details (name and surname and email address), as well as the reason for the complaint and the content of the request.

We will respond to your complaint within 30 days of receiving it via email.

For further information, please contact us at info@marimbazzi.com.

K. Personal Data – Referral

All personal data provided by you in the Shop is processed by Marimbazzi, which is the data controller. For more information on the processing of personal data and your rights, please refer to the Privacy Policy available on this page (https://marimbazzi.com/terms-and-conditions/).

L. Change of Terms

Marimbazzi may make changes to the Terms only for the following important reasons: 

a) The need to adapt the Terms to legal regulations that directly affect the Terms and require modification to comply with the law; 

b) The need to adapt the Terms to recommendations, instructions, judgments, decisions, interpretations, or guidelines from public authorities; 

c) Expansion or change of the Shop’s functionality, including the introduction of new services provided electronically or changes to existing Shop functionalities; 

d) Changes in the technical conditions for the provision of electronic services; e) The need to remove ambiguities, errors, or typographical mistakes that may appear in the Terms; 

f) Changes to contact information, names, identification numbers, email addresses, or links included in the Terms; 

g) Improvement of customer service; 

h) Changes in the process of concluding agreements via the Shop.

We will inform you about any changes to the Terms through a message posted on the Shop’s website.

Changes to the Terms will take effect no earlier than 7 days after we inform you about such changes.

Changes to the Terms will not affect your order if it is placed before such changes – we will fulfill it under the previous terms.

M. Who We Are

The Shop is operated by Marimbazzi (Paweł Dyyak and Jakub Kołodziejczyk). The music scores sold are the property of the composers, and the revenue from their sale is directly transferred to their bank accounts and reported by them using the PIT-36 form under the rules of non-registered activity in Poland.

N. Dispute Resolution

If you are a Consumer, you can obtain free help regarding your rights and any dispute with Marimbazzi, including by contacting the local (municipal) consumer ombudsman or a consumer protection organization. Information for Consumers, including details on how to obtain help, is also available on the website of the President of the Office of Competition and Consumer Protection (uokik.gov.pl) in the “Consumer Dispute Resolution” section.

https://ec.europa.eu/consumers/odr – you have access to resolving consumer disputes electronically via the EU’s online platform (ODR platform).

Privacy Policy

General Information
This policy applies to the website www, located at the URL: marimbazzi.com

The operator of the website and the Data Controller is: Marimbazzi

Contact email address of the operator: info@marimbazzi.com
The operator is the Data Controller of your personal data in relation to data provided voluntarily on the website.

The website uses personal data for the following purposes:

Conducting a newsletter
Preparing, packing, and shipping products
Presenting offers or information
The website collects information about users and their behavior in the following ways:

Through data voluntarily entered in forms, which are entered into the operator’s systems.
Through the storage of cookies (so-called “cookies”) in end-user devices.
Selected Data Protection Methods Used by the Operator
Login and personal data entry areas are protected in the transmission layer (SSL certificate). This ensures that personal and login data entered on the website is encrypted in the user’s computer and can only be read on the destination server.
The operator periodically changes its administrative passwords.
To protect data, the operator regularly performs backups.
An important part of data protection is regularly updating all software used by the operator to process personal data, which specifically means regular updates of programming components.

Hosting
The website is hosted (technically maintained) on external operator servers.
The hosting company keeps logs at the server level to ensure technical reliability. Logs may include:

Resources defined by the URL identifier (requested resources – pages, files)
Request time
Response time
Client station name – identification performed via the HTTP protocol
Error information related to the HTTP transaction
URL of the page previously visited by the user (referer link) – if access to the website was via a link
Information about the user’s browser
IP address
Diagnostic information related to the self-ordering process via the website registrars
Information related to handling emails sent to and from the operator.
Your Rights and Additional Information on Data Use
In certain situations, the Administrator has the right to transfer your personal data to other recipients if necessary to execute a contract with you or fulfill the Administrator’s obligations. This includes the following groups of recipients:

Hosting company (under the entrustment agreement)
Couriers
Postal operators
Insurers
Banks
Payment operators
Your personal data processed by the Administrator will not be retained longer than necessary to perform the related actions required by separate regulations (e.g., accounting). For marketing data, the data will not be processed for more than 3 years.
You have the right to request from the Administrator:

Access to your personal data
Correction of your data
Deletion of your data
Restriction of processing
Transfer of your data.
You also have the right to object to the processing of your personal data, in particular in cases of data processing for the legitimate interests of the Administrator, including profiling. However, this right cannot be exercised if there are legally justified reasons for processing that override your interests, rights, and freedoms, particularly regarding the establishment, pursuit, or defense of claims.
You can file a complaint against the Administrator’s actions with the President of the Personal Data Protection Office at Stawki 2, 00-193 Warsaw.
Providing personal data is voluntary, but necessary to use the website.
Automated decision-making, including profiling, may occur in relation to you to provide services under the concluded contract and for direct marketing purposes by the Administrator.
Personal data is not transferred from third countries as defined in personal data protection regulations. This means that we do not transfer data outside of the European Union.

Information in Forms
The website collects information voluntarily provided by users, including personal data if provided.
The website may record information about connection parameters (timestamp, IP address).
In some cases, the website may store information that facilitates linking the data in the form to the user’s email address. In such cases, the user’s email address appears within the URL of the page containing the form.
Data entered in the form is processed for the purposes specified in the specific form, such as servicing a service request or business contact, registration of services, etc. Each time, the context and description of the form clearly indicate its purpose.

Administrator’s Logs
User behavior on the website may be logged. This data is used for website administration.

Key Marketing Techniques
The operator uses statistical analysis of website traffic through Google Analytics (Google Inc. based in the USA). The operator does not transmit personal data to this service provider, only anonymized information. The service relies on the use of cookies on the user’s device. In terms of user preferences collected by the Google advertising network, the user can view and edit information from cookies using the tool: https://www.google.com/ads/preferences/.
The operator uses remarketing techniques to tailor advertising messages to the user’s behavior on the website, which may give the illusion that the user’s personal data is being used to track them. However, in practice, no personal data is transferred from the operator to the advertising providers. The technical condition for these activities is that cookies are enabled.
The operator also uses automated solutions that send emails to users after visiting specific pages if they consented to receive commercial correspondence from the operator.

Cookies Information
The website uses cookies.
Cookies are data, particularly text files, stored on the user’s device and used to access the website. Cookies usually contain the name of the website they come from, the duration of their storage on the device, and a unique identifier.
The entity placing cookies on the user’s device and accessing them is the website operator.
Cookies are used for the following purposes:

Maintaining the user’s session (after logging in), so that the user does not have to re-enter their login and password on each subpage of the website.
For the purposes specified above in the “Key Marketing Techniques” section.
The website uses two basic types of cookies: “session” cookies and “persistent” cookies. “Session” cookies are temporary and are stored on the user’s device until they log out, leave the website, or close the software (browser). “Persistent” cookies are stored on the user’s device for the time specified in the cookie parameters or until the user deletes them.
Internet browser software usually allows cookies to be stored on the user’s device by default. Users can change their settings in this regard. Browsers allow users to delete cookies, and they can also block cookies automatically. For more information, consult the help or documentation of the browser.
Restricting the use of cookies may affect some functionalities available on the website.
Cookies placed on the user’s device may also be used by third parties cooperating with the operator, particularly companies like Google (Google Inc. based in the USA), Facebook (Facebook Inc. based in the USA), and Twitter (Twitter Inc. based in the USA).

Managing Cookies – How to Express and Withdraw Consent?
If a user does not wish to receive cookies, they can change their browser settings. Please note that disabling cookies necessary for authentication, security, or maintaining user preferences may hinder or, in extreme cases, prevent the use of the website.
To manage cookie settings, choose the browser you use from the list below and follow the instructions:

Edge
Internet Explorer
Chrome
Safari
Firefox
Opera
Mobile devices:

Android
Safari (iOS)
Windows Phone

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