GENERAL CONDITIONS OF SALE OF THE PREISNER STORE

1. GENERAL PROVISIONS

These General Conditions of Sale of the Preisner Store (“GCS") define the rules for the use of the online store available at www.store.preisner.com (“the Store”): placing electronic Orders, execution of Payments and Offer delivery. These GCS are the regulations referred to in Article 8 of the Polish Act on Electronic Provision of Services.

The Store is owned and operated by Zbigniew Preisner „Preisner Productions”, address: Jamna 52, 32-842 Paleśnica, Poland, VAT No PL6760114184, REGON: 350326348 (hereafter referred to as „Preisner Productions”).

The Store makes a permanent download offer of files being musical recordings in HD or CD-quality (whole albums only) with electronic booklet as well as music scores (“the Offer”). This Offer is available 24 hours a day, 7 days a week to the general adult and non – professional public as well as children having parental consent(“Customer” or “Customers” in plural). Preisner Store’s Services are not intended for professional purposes.

2. CONDITIONS FOR THE USE OF THE OFFER

All files offered as part of the Offer are protected by copyrights. They can therefore only be used strictly in a private and free capacity, in respect of the conditions defined by Preisner Productions herein:

It is strictly forbidden for the Customer to attempt to bypass, remove or impair the technical measures implemented to protect the files with a view to using the for purposes not authorised by these GCS, subject to liabilities and penalties under the Polish Copyright Law.

Playing, transfer and saving of downloaded music files on audio carriers are free and unlimited, and subject to strictly private use.

The use of files purchased from the Store using technology to create and alter sound or artificial intelligence capabilities is prohibited without the prior consent of the copyright owners. The Customer expressly acknowledges that any such use may infringe copyright.

All the files and music scores bought and downloaded from Preisner Store will be secured with watermark indicating the e-mail address of the Customer.

Use of the Store is possible subject to assurance of the following conditions on the Customer’s side: end device compatible with music formats available in the Store, with access to the Internet and a web browser and an active e-mail account.

Customers may not use the Store for purposes that are contrary to the provisions of law, good practices and generally accepted rules of conduct.

Preisner Productions reserves the right to temporarily suspend access or introduce restrictions in the use of the Store:

• for security reasons or for any other reasons beyond the owner’s control, or

• due to the need to carry out necessary actions related to the proper functioning of the Store, improvements, maintenance or protection of IT systems.

Unforeseen service interruptions may occur due to problems on the Internet service provider side, external maintenance, etc.) and Preisner Productions cannot be held liable for this under any circumstances. Preisner Productions nevertheless undertakes to inform Customers of any foreseeable interruption of its services. Preisner Productions reserves the right to make any modification or improvement to its services that it deems necessary and useful, and cannot be held responsible for any damages, of any kind, that may result from this, except for serious misconduct on its part.

1. USE OF THE STORE, ORDERS, PAYMENTS AND DELIVERY

1. Use of the Store

Customers may place their electronic orders (“the Order” or in plural “Orders”) without registration as guests. Use of the Offer is conditional to the agreement to these GCS and provision of Personal Data marked as mandatory for the Order execution.

The Customers are obliged to:

• Use the Store in a manner compliant with binding provisions of law in force on the territory of the Republic of Poland and these GCS;

• use the Store in a manner that does not disrupt its operation, in particular by using certain software or devices;

• use of any of the files available in the Store solely for personal purposes.

1. Placing Orders and Payments

Customers may place Orders with the Store 7 days a week, 24 hours a day, by visiting the Store’s website, selecting the items from the Store’s Offer and adding those to the shopping cart.

The Offer available on the Store’s website constitutes a commercial offer within the meaning of Article 66 of the Civil Code. By placing an order, Customers enter in the purchase agreement with the obligation to pay. Purchase agreement is deemed concluded at the moment the Customer's Order has been placed on the Store’s website. Upon successfully placing the Order, the Customer receives an e-mail message containing Order confirmation.

Prices for downloading of the Offer include the price of the file plus any applicable VAT (in force at the date of the download or of the Payment).

The price for downloading musical recordings is indicated in PLN or EUR the currency .

Our prices do not include connection and communication charges relating to the use of an online service, which are to be borne independently by Customers.

Preisner Productions reserves the right to modify the prices for its Offer as may be deemed necessary, specifically due to the changing market or economic conditions, such as increased taxes or inflation rates. Current prices are available to Customers on the Store’s website.

Customers can modify and cancel their Orders at any time until the final confirmation of the Order with the obligation to pay is validated. Thereafter, an order summary with description of the selected files, total price and applicable taxes is made available to Customers.

In order to proceed to Payment, Customers are obliged to declare that they have familiarised themselves with and accepted the content of these GCS and the Privacy Policy, as well as to make declarations and express mandatory consents, without which Customers will not be able to proceed with the Order placement process. Only after providing the required data and submitting the required declarations and consents, the Customer can finalise the Order and proceed to make Payment.

Payments for Services are made through secure online payments system PayU (hereinafter, the “Payment“). Customers execute Payments directly with the payment service provider, who notifies Preisner Productions of its successful authorization and completion. Payments are secured with relevant security protocols which ensures that the transaction is carried out in accordance with banking security standards.

Failure to conclude the Payment for the ordered files results in cancellation of the Order. Customers can resume ordering at any time.

The Store issues VAT invoices automatically for each Order.

2. Customers representations

By placing the Order in the Preisner Store, the Customer declares and acknowledges that:

• They have read and accepted these GCS as well as the Privacy Policy;

• they are of legal age and have full legal capacity to place the Order or otherwise they have parental consent to do so;

• they will not make any commercial or illegal use of the files available in the Store;

• they are solely responsible for the rightful use of the files.

Preisner Productions can in no way be held responsible for any illegal use of its Offer.

1. Order delivery

After successful completion of the Payment Clients receive an e-mail from the Store with link to download the purchased file(s) and electronic booklet(s). An Order is considered executed as soon as the files are made available for download from the Store's website and Client has received said e-mail with download link.

The order processing time is counted from the moment of positive authorisation of the Electronic Payment, and, if the Customer chooses to pay by bank transfer or payment card, from the day on which the Store's bank account is credited.

1. RIGHT OF WITHDRAWAL

In accordance with the provisions of the Polish Consumers Act, by accepting these GCS, the Customers expressly acknowledge and accept that Order execution occurs immediately after Payment authorization and delivery of download link. Customers can download purchased files immediately and consequently, Customers acknowledge that the right of withdrawal within the period of fourteen days related to online or remote selling, as provided for in the Polish Consumers Act, does not apply.

Consequently, no request for withdrawal, cancellation or refund will be admissible after each Order is completed.

3. STORE’S WARRANTIES AND LIABILITIES

The Store and all of its editorial, graphic, photographic, audio and video content are protected under the provisions of the Polish Copyright Law. More generally, copyrights and related rights are reserved and Preisner Productions is the exclusive holder or concessionaire of all elements of the Store, such as logos, trademarks, pictures and templates, text, graphic, audio and video files, input, images, technologies and know-how.

As such, any impairment, as well as representation, reproduction, modification, deletion, commercial use, whether total or partial, of the various elements of the Store is prohibited.

These GCS do not in any way grant authorization to represent, reproduce, modify or commercially use the various elements of the Store. Any total or partial reproduction of the Store and/or elements thereof for purposes other than their intended use is strictly prohibited: any commercial resale, exchange, renting of files or their transfer to third parties is strictly prohibited.

Similarly, the various saving or transferring options offered to the Customer in the context of the Offer do not in any way entail waiver by the rights holders of their rights to their files. Preisner Productions remains the sole holder of the copyrights.

Customers hereby undertake not to violate any technical measures for the protection of files, not to block, modify, or remove any information relating to the files’ copyrights, nor to encourage or help third parties to carry out such acts. Customers undertake not to attempt to bypass or modify the software necessary for the use of the Offer.

Preisner Productions can in no way be held liable for technical problems inherent in the operation of the Internet network, except for willful misconduct or gross negligence on its part. A non-exhaustive list of such problems includes problems relating to speed when accessing the Store, download speed, suspension or inaccessibility of the Offer, or fraudulent use by third parties of any information contained on the Store’s website, track listening speed, or temporary or permanent inaccessibility of music tracks.

Due to the variety of file encodings, not all sound playback equipment may support all file formats and sound qualities available for download in the Store. In case of technical incompatibility of these files with the Customer’s hardware, Preisner Productions can in no way be held responsible, and no refund can be made. In addition, the protection of the Customer’s computer hardware, particularly against viruses, is in no way the responsibility of Preisner Productions.

The Store may contain hypertext links to third party websites. Preisner Productions can in no way be held responsible in case where these third-party sites include unlawful elements. Therefore, the Customer is responsible for protecting their equipment against any form of intrusion and/or contamination by viruses, for which Preisner Store shall under no circumstances be held liable. Preisner Store shall also not be liable for any malfunction or damage to the Customer's equipment.

More generally, Preisner Productions shall not be liable for any failure to perform any of its obligations due to natural causes, forces or causes beyond its reasonable control, including but not limited to failures of the Internet, computers, telecommunications equipment, other equipment or power supply, strikes, labour disputes, riots, insurrections, civil unrest, shortages of labour or materials, fire, flood, storm, explosion, acts of God, war, governmental action, orders of domestic or foreign courts, inaction of third parties or fluctuations in heating, lighting or air conditioning, and generally any unavoidable and unforeseeable event that may prevent its proper performance.

Each Customer who has purchased files via Preisner Store is deemed to have downloaded and saved said files on their personal computer. Preisner Productions can in no way be held liable for any loss of file downloaded via its Store, except such loss is attributable to Preisner Productions’s willful misconduct or gross negligence.

In any event, Preisner Productions can only be held responsible up to the extent of its obligation to provide a service in accordance with the law. In this respect, this responsibility shall be limited to the price of the Order placed by the Customer.

Finally, Preisner Productions cannot be held responsible in case of non-compliance with the legislation of a foreign country where downloads are performed.

4. COMPLAINTS REGARDING PROVISION OF SERVICES BY ELECTRONIC MEANS

Preisner Store undertakes to ensure fully correct operation of the Store to the extent resulting from the current technical knowledge and undertakes to remove all irregularities reported by the Customers within a reasonable period of time.

Customers may notify us of any irregularities or interruptions in the functioning of the Store by e-mail to: store@preisner.com.

We undertake to respond to any notification or complaint without undue delay, not later than within 14 days from the date of its submission.

We would like to inform that there are out-of-court ways of dealing with complaints and pursuing claims. Making use of them is voluntary and may take place only if both parties to the dispute agree to it.

In addition, the European Commission has set up a dispute resolution platform intended to collect any consumer complaints following an online purchase and forward them to the relevant national ombudsmen. The platform can be reached at following link: ec.europa.eu/consumers/odr/.

5. PROTECTION OF PERSONAL DATA

Preisner Productions protects Personal Data of its Customers in accordance with the adjacent Privacy Policy, constituting integral part of the GCS.

6. FINAL PROVISIONS

In matters not covered by these GCS, the provisions of the Polish law, in particular the provisions of the Polish Civil Code, shall apply.

In the event of any contradictions between these GCS and the rights of Customers and provisions arising from generally binding provisions of law, these generally binding provisions of Polish law shall apply.

Preisner Productions reserves the right to modify these GCS at any time and at its discretion. The newest revision of GCS is available on the Store’s website.