text:
In the Apocrypha and New Testament.
Those on Whom the Shekinah Rested.
To Whom Does the Shekinah Appear?
The majestic presence or manifestation of God which has descended to "dwell" among men. Like Memra (= "word"; "logos") and "Yeḳara" (i.e., "Kabod" = "glory"), the term was used by the Rabbis in place of "God" where the anthropomorphic expressions of the Bible were no longer regarded as proper (see Anthropomorphism). The word itself is taken from such passages as speak of God dwelling either in the Tabernacle or among the people of Israel (see Ex. xxv. 8, xxix. 45-46; Num. v. 3, xxxv. 34; I Kings vi. 13; Ezek. xliii. 9; Zech. ii. 14 [A. V. 10]). Occasionally the name of God is spoken of as descending (Deut. xii. 11; xiv. 23; xvi. 6, 11; xxvi. 2; Neh. i. 9). It is especially said that God dwells in Jerusalem (Zech. viii. 3; Ps. cxxxv. 21; I Chron. xxiii. 25), on Mount Zion (Isa. viii. 18; Joel iv. [A. V. iii.] 17, 21; Ps. xv. 1, lxxiv. 2), and in the Temple itself (Ezek. xliii. 7). Allusion is made also to "him that dwelt in the bush" (Deut. xxxiii. 16, V11p258004.jpg); and it is said that "the glory of the Lord abode upon Mount Sinai" (Ex. xxiv. 16). The term "Shekinah," which is Hebrew, whereas "Memra" and "Yeḳara" are Aramaic, took the place of the latter two in Talmudand Midrash, and thus absorbed the meaning which they have in the Targum, where they almost exclusively occur. Nevertheless the word "Shekinah" occurs most frequently in the Aramaic versions, since they were intended for the people and were actually read to them, and since precautions had therefore to be taken against possible misunderstandings in regard to the conception of God. The word "dwell" in the Hebrew text is accordingly rendered in the Targumim by the phrase "let the Shekinah rest" (e.g., Ex. xxv. 8; xxix. 45, 46; Num. v. 3, xxxv. 34; Deut. xxxii. 10 [R. V. "he compassed him about"]; Ps. lxxiv. 2). Onḳelos translates "Elohim" in Gen. ix. 27 by "Shekinah"; and wherever the person, the dwelling, or the remoteness of God is mentioned, he paraphrases by the same word (Num. xiv. 14, 42; xvi. 3; xxxv. 34; Deut. i. 42, iii. 24, iv. 39, vi. 15, vii. 21, xxiii. 16, xxxi. 17); so too, wherever the Name occurs, he substitutes for it the term "Shekinah" (Deut. xii. 5, 11, 21), and "presence" or "face" is translated the same way (Ex. xxxiii. 14-15; Num. vi. 25; Deut. xxxi. 17-18; see Maybaum, "Anthropomorphien," etc., pp. 52-54). Targ. pseudo-Jonathan and Yerushalmi adopt a like system, as in Ps. xvi. 8, lxxxix. 47, Lam. ii. 19, and Cant. vi. 1 (ib. pp. 64 et seq.). Where the text states that God dwells in the Temple above the cherubim (as in Hab. ii. 20; I Sam. iv. 4; II Sam. vi. 2; I Kings viii. 12, 13; xiv. 21; Ps. lxxiv. 2), or that God has been seen (Isa. vi. 6 et seq.; Ex. iii. 6; Ezek. i. 1; Lev. ix. 4), the Yerushalmi has "Shekinah"; and even where it describes God as abiding in heaven, the same word is used (Isa. xxxiii. 5; Deut. iii. 24, iv. 39). This statement holds true also of allusions to His remoteness or to the hiding of His face (Hos. v. 6; Isa. viii. 17, xlv. 15; Hastings, "Dict. Bible," iv. 488b). The Temple is called the "house of the Shekinah" (Targ. Onḳ. to Deut. xii. 5; Ps. xlix. 15, cviii. 8); and the term likewise occurs in connection with "glory" ("yeḳara"; Ruth ii. 12; Cant. iii. 6, iv. 6, v. 6; Ps. xliv. 25, lxviii. 19, cxv. 16; Jer. xix. 18) and with "holiness" (Cant. i. 10, ii. 2, iii. 2, vi. 1; Ps. lxxiv. 12, lxxxvi. 3).
Since the Shekinah is light, those passages of the Apocrypha and New Testament which mention radiance, and in which the Greek text reads δόξα, refer to the Shekinah, there being no other Greek equivalent for the word. Thus, according to Luke ii. 9, "the glory of the Lord [δόζα Ḳυρίου] shone round about them" (comp. II Peter i. 17; Eph. i. 6; II Cor. iv. 6); and it is supposed that in John i. 14 and Rev. xxi. 3 the words σκηνοῦν and σκηνή were expressly selected as implying the Shekinah. The idea that God dwells in man and that man is His temple (e.g., Col. ii. 9; II Cor. vi. 16; John xiv. 23) is merely a more realistic conception of the resting of the Shekinah on man.
Maimonides ("Moreh," i. 28 [Munk's translation, "Guide des Egarés," i. 58, 73, 88, 286, 288; iii. 43, 93]; Maybaum, l.c. pp. 5, 34) regarded the Shekinah, like the Memra, the Yeḳara, and the Logos, as a distinct entity, and as a light created to be an intermediary between God and the world; while Naḥmanides (Maybaum, l.c.), on the other hand, considered it the essence of God as manifested in a distinct form. So in more modern times Gfrörer saw in "Shekinah," "Memra," and "Yeḳara" independent entities which, in that they were mediators, were the origin of the Logos idea; while Maybaum, who was followed by Hamburger, regarded the Shekinah merely as an expression for the various relations of God to the world, and as intended to represent: (1) the dwelling of God in the midst of Israel; (2) His omnipresence; (3) His personal presence, etc. (Maybaum, l.c. pp. 51-54). That the Shekinah was not an intermediary is shown by the Targum to Ex. xxxiii. 15, xxxiv. 9 (Maybaum, l.c. pp. 5, 34), where the term "Shekinah" is used instead of "God." The word often occurs, however, in connections where it can not be identical with "God," e.g., in passages which declare that "the Shekinah rests," or, more explicitly, that "God allows His Shekinah to rest," on such a one. In short: in the great majority of cases "Shekinah" designates "God"; but the frequent use of the word has caused other ideas to be associated with it, which can best be understood from citations. In this connection the statements of the Talmud and Midrash are more characteristic than those of the Targumim, because they were spontaneous and were not made with reference to the text of the Bible. The Shekinah is frequently mentioned, even in the very oldest portions; and it is wholly unjustifiable to differentiate the Talmudic conception thereof from the Targumic, as has been attempted by Weber, although absolute consistency is observed neither in Targum, nor in Talmud and Midrash, since different persons have expressed their views therein.
Jose (c. 150) says: "The Shekinah never came down to earth, nor did Moses and Elijah ever ascend to heaven, since it is said, Ps. cxv. 16: 'The heaven, even the heavens, are the Lord's: but the earth hath he given to the children of men'" (Suk. 5a, above). The Shekinah is here identical with Yhwh. This view was, however, challenged even in the Talmud. Ab. R. N. xxxviii. says: "The Shekinah descended to earth, or will have descended, ten times (as to the tenth see Schechter's note, Recension A, ad loc.): to the garden of Eden (Gen. iii. 8); when the Tower of Babel was built (ib. xi. 5); to Sodom (ib. xxi.); to Egypt (Ex. iii. 8); to the Red Sea (II Sam. xxii. 10); upon Sinai (Ex. xix. 10); in the pillar of cloud (Num. xi. 25); to the Sanctuary (Ezek. xliv. 2); and it will again descend at the time of Gog and Magog (Zech. xiv. 4). The Shekinah appeared also in the burning bush (Ex. R. ii.), and it was everywhere (B. B. 25a). Two arks came up out of Egypt with Israel: one containing the Shekinah, and the other the body of Joseph (Soṭah 13a). Canaan was the only land worthy of the Shekinah, which rested in the territory of Benjamin (Mek., ed. Friedmann, p. 31a; Zeb. 54b); the country beyond the Jordan was not worthy thereof (Num. R. vii.). Although the Shekinah was enthroned in heaven, it observed and scrutinized mankind(Ex. R. ii.). The Tabernacle was erected in order that the Shekinah might dwell on earth (Num. R. xii.); and it actually entered the Holy of Holies (Sanh. 103b). Wheresoever the Israelites went in exile the Shekinah accompanied them; and when they were redeemed it likewise was released (Meg. 29a; see also R. H. 3a; B. Ḳ. 25a; Zeb. 118b; Soṭah 5a; Shab. 67a).
The Shekinah was one of the five things lacking in the Second Temple (Targ. to Hag. i. 8; Yer. Ta'an. 65a, and parallel passages). Shunning the Gentiles, it rested solely among the Israelites (Shab. 22b), and even there only when they numbered at least 2,002 myriads (Ber. 7a; Yeb. 64a; B. B. 15b; comp. Sanh. 105b), confining itself solely to those of this multitude who were of pure and therefore aristocratic lineage (Ḳid. 70b) and who were wise, brave, wealthy, and tall (Shab. 92a; comp. Ned. 38a); but even for such it would not descend into an atmosphere of sadness (Shab. 30b and parallel passages), since there can be no sorrow in the presence of God (Ḥag. 5b); nor should one pray in a sorrowful frame of mind (Ber. 31a).
The polemic attitude which the conception of the Shekinah betrays toward the founder and the ideal of Christianity is unmistakable. The Shekinah rested upon the priests even if they were unclean (Yoma 56b); and if it was lacking, none approached them for an oracle (ib. 75b). Prominent doctors of the Law were considered worthy of the Shekinah, but both their generation. (i.e., their contemporaries) and their place of residence (i.e., in a foreign land) deprived them of its presence (Suk. 28a; B. B. 60a; Soṭah 48b; M. Ḳ. 25a). In all these statements the Shekinah is identical with the Holy Spirit. It was received by thirty-six pious persons (Suk. 45b), a number which recalls the thirty-six nomes of Egypt and their gods. The Shekinah was also believed to be a protection, as is still the case in the night prayer: "on my four sides four angels, and above my head the Shekinah of God" (comp. Ḳid. 31a). The Shekinah is found at the head of the sick (Shab. 12b) and at the right hand of man (Targ. to Ps. xvi. 8). Pharaoh's daughter saw it at the side of Moses (Soṭah 11a; comp. Targ. to Judges vi. 13), and it spoke with the prophet Jonah twice (Zeb. 98a), with Adam, with the serpent (Bek. 8a; Shab. 87a; Pes. 87b et passim), and with others.
Unsullied thoughts and pious deeds render one worthy of the Shekinah, which is present when two are engaged with the Torah (Ab. iii. 3), when ten pray (Ber. 6a; Ab. 3, 9), and when the mysticism of the Merkabah is explained (Ḥag. 14b); and it is likewise attracted by the study of the Law at night (Tamid 32b); the reading of the "Shema'" (Shab. 57a); prayer (B. B. 22a); hospitality (Shab. 127a; Sanh. 103b); benevolence (B. B. 10a); chastity (Derek Ereẓ i.); peace and faithfulness in married life (Soṭah 17a); and similar deeds and qualities (Ket. 111a; Ber. 67a; Men. 43b; Sanh. 42b; Yer. Ḥag. i. et passim). Sins, on the other hand, cause the Shekinah to depart (Targ. to Isa. lvii. 7; Jer. xxxiii. 5 et passim). It inspires correct judgment in upright judges (Sanh. 7a), while unrighteous magistrates cause it to depart (Shab. 139a). It appeared on the day on which the Tabernacle was first erected (Num. R. xiii.). Before the Israelites sinned the Shekinah rested on every one; but when they did evil it disappeared (Soṭah 3b). In like manner it departed from David when he became leprous (Sanh. 107a). Among the transgressions which have this result are the shedding of blood (Yoma 84b) and idolatry, (Meg. 15b; others are cited in Soṭah 42a; Kallah, end; Ber. 5b, 27b; Shab. 33a;, and Sanh. 106a). Whosoever sins in secret or walks with a proud and haughty bearing "crowds out the feet of the Shekinah" (Ḥag. 16a; Ber. 43b; comp. ib. 59a).
The Hellenists, both Jews and Gentiles, characterized the god of the Jews as unseen, and translated the Tetragrammaton by "invisible" (ἀόρατος). In like manner Ḥag. 5b declares that "God sees, but is not seen," although V11p260001.jpg was rendered by δόζα ("glory"), even in the Septuagint (Deissmann, "Hellenisirung des Semitischen Monotheismus," p. 5). According to this view, the Shekinah appeared as physical light; so that Targ. to Num. vi. 2 says, "Yhwh shall cause His Shekinah to shine for thee." A Gentile asked the patriarch Gamaliel (c. 100): "Thou sayest that wherever ten are gathered together the Shekinah appears; how many are there?" Gamaliel answered: "As the sun, which is but one of the countless servants of God, giveth light to all the world, so in a much greater degree doth the Shekinah" (Sanh. 39a). The emperor (Hadrian) said to Rabbi Joshua b. Hananiah, "I desire greatly to see thy God." Joshua requested him to stand facing the brilliant summer sun, and said, "Gaze upon it." The emperor said, "I can not." "Then," said Joshua, "if thou art not able to look upon a servant of God, how much less mayest thou gaze upon the Shekinah?"(Ḥul. 60a). Rab Sheshet (c. 300) was blind, and could not perceive when the Shekinah appeared in the Shaf we-Yatib synagogue of Nehardea, where it rested when it was not in the synagogue at Huzal. In the former synagogue Samuel and Levi heard the sound of its approach and fled (Meg. 29a). The Shekinah tinkled like a bell (Soṭah 9b), while the Holy Spirit also manifested itself to human senses in light and sound. The Holy Spirit had the form of a dove, and the Shekinah had wings. Thus he who acknowledged God took refuge under the wings of the Shekinah (Shab. 31a; Sanh. 96a); and Moses when dead lay in its pinions (Sifre, Deut. 355; Soṭah 13b; Targumic passages in Maybaum l.c. p. 65). The saints enjoy the light of the Shekinah in heaven (Ber. 17a, 64a; Shab. 30a; B. B. 10a).
Davidson, Old Testament Prophecy, pp. 148, 220, Edinburgh, 1903.

matches: v. V. V. v. V. v. v.


1.1.1. BUSINESS DAY – any day from Monday to Friday, except for public holidays.
1.1.2. REGISTRATION FORM – the form available in the Online Shop that allows an Account to be created.
1.1.3. ORDER FORM – an Electronic Service, interactive form available in the Online Shop that allows for Orders to be submitted, in particular by adding Products to the electronic basket, and determining the conditions of the Contract of Sale, including payment and delivery methods.
1.1.4. CUSTOMER – (1) an individual with full legal capacity, and in the cases provided for by the generally applicable rules also an individual with limited legal capacity; (2) a legal person; or (3) an unincorporated organisational unit with legal capacity granted under a separate law, who has entered or intends to enter into a Contract of Sale with the Seller.
1.1.5. CIVIL CODE – the Civil Code Act dated 23 April 1964 (Dz.U. (Journal of Laws) of 1964 No. 16 item 93, as amended).
1.1.6. ACCOUNT – an Electronic Service, identified by an individual name (login) and password given by the Customer a collection of resources in the IT system of the Service Provider, which collects data provided by the Customer and the information about the orders placed by them in the Online Shop.
1.1.7. NEWSLETTER – an Electronic Service, the electronic distribution service provided by the Service Provider via e-mail which allows all Users to automatically receive from the Service Provider periodic contents of the subsequent issues of the newsletter with Product information, news and special offers available in the Online Shop.
1.1.8. PRODUCT – a movable property available in the Online Shop which is the subject of the Contract of Sale between the Customer and the Seller.
1.1.9. TERMS AND CONDITIONS or T&C – these terms and conditions for the Online Shop.
1.1.12. Contract of Sale – a contract to be concluded by and between the Customer and the Seller via the Online Shop.
1.1.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Shop.
1.1.14. USER; YOU – (1) an individual with full legal capacity, and in the cases provided for by the generally applicable rules also an individual with limited legal capacity; (2) a legal person; or (3) an unincorporated organisational unit with legal capacity granted under a separate law, who uses or intends to use an Electronic Service.
1.1.15. CONSUMER RIGHTS ACT; ACT – the Consumer Rights Act dated 30 May 2014 (Dz.U. (Journal of Laws) of 2014 item 827, as amended).
1.1.16. ORDER – the statement of intent of the Customer made by filling out the Order Form and directly intended to conclude the Contract of Sale for the Product with the Seller.
2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
1.1.17. Account – it is possible to use the Account once You complete two consecutive steps jointly – (1) fill in the Registration Form, (2) click the “Send” button. The User is required to provide in the Registration Form the following details of the User: name and surname, e-mail address and a password.
1.1.18. Order Form – You start using the Order Form when You add the first Product to the electronic basket in the Online Shop. The Order is placed once You complete two consecutive steps jointly – (1) fill in the Order Form and (2) click “Confirm Purchase, with obligation to pay” after filling in the Order Form in the Online Shop. Up until then, it is possible for You to modify the entered details by yourself (in order to do so, follow the prompts and information available in the Online Shop). It is necessary for the Customer to provide the following details of the Customer in the Order Form: name and surname / company name, address (street, house/ flat number, post code, town, country), email address, contact telephone number and information for the Contract of Sale: Product(s), quantity of the Product(s), place and method of delivery, method of payment. In case of Customers who are not consumers it is also necessary to provide the company name and tax identification number.
1.1.18.1. The Order Form Electronic Service is provided free of charge and it is a one-off service. It terminates once the Order is placed with the use of the Order Form or once the Order is abandoned by the Customer before it is placed.
1.1.19. Newsletter – You may also sign up for the newsletter by selecting the appropriate checkbox when You set up the Account. The signing up for the Newsletter is completed once the Account is created.
2.3. The User is bound to use the Internet Shop in line with the law and in a decent manner, with respect for the personal rights and the copyrights and intellectual property rights of the Service Provider and third parties. The User is bound to enter true details. It is prohibited for the User to provide illegal information.
1.1.23. It is recommended that You provide the following details in the description of the complaint: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of irregularities; (2) Your claims; and (3) the contact details of the claimant. This will facilitate and expedite the processing of the complaint by the Service Provider. The requirements listed in the previous sentence have only the form of recommendations and do not affect the effectiveness of a complaint made without the recommended description of the complaint.
1.1.24. The complaint will be processed by the Service Provider immediately, not later however than within 14 calendar days from the date of it being made.
3.1. The Contract of Sale is entered into by the Customer and the Seller once an Order is placed by the Customer using the Order Form in the Online Shop as prescribed in Section 2.1.2 of the T&C.
3.2. The Product price displayed in the Online Shop is stated in Polish zloty or in euro, depending on the Customer’s choice, and includes taxes. The Customer is informed about the total price, inclusive of any taxes, of the Product, which is the subject of the Order, as well as the delivery costs (including charges for shipping, delivery and postal services) and other costs, and if it is not possible to determine the amount of these costs, the Customer is informed of the obligation to pay them. This information is provided to the Customer in the Online Shop when the Order is placed, and also at the time when the Customer expresses their intent to be bound by the Contract of Sale.
1.1.25. The Contract of Sale is entered into by the Customer and the Seller once an Order is placed by the Customer in the Online Shop as prescribed in Section 2.1.2 of the T&C.
1.1.26. Once the Order is placed, the Seller will forthwith confirm receipt of the Order, and accept the Order for completion. This is done by sending to the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order. The e-mail is to include at least the statement by the Seller that the Order was received and accepted for completion, and the confirmation of the Contract of Sale conclusion. The Contract of Sale between the Customer and the Seller is concluded once the Customer receives the said e-mail.
3.4. The content of the Contract of Sale is fixed, secured and made available to the Customer by (1) providing access to these T&C on the site of the Online Shop, and (2) sending the e-mail referred to in Section 3.3.2 to the Customer. The content of the Contract of Sale is additionally saved and secured in the computer system of the Online Shop.
5.2. The Product will be delivered to the Customer against a charge, unless the Contract of Sale provides otherwise. The costs of Product delivery (including charges for shipping, delivery and postal services) are specified to the Customer in the Online Shop in the tab with the information concerning delivery costs and when the Order is placed, and also when the Customer expresses their intent to be bound by the Contract of Sale.
PRODUCT COMPLAINTS6.1. The grounds and scope of liability of the Seller to the Customer for a physical or legal defect (statutory warranty) in the Product sold are defined in the generally applicable laws, including but not limited to the Civil Code (in particular in art. 556 through 576 of the Civil Code). For Contract of Sales entered into before or on 24 December 2014, the grounds and scope of the liability of the Seller to the Customer, who is an individual and who purchases the Product for a non-business or non-professional purpose, for non-compliance of the Product with the Contract of Sale are defined in the generally applicable laws, including but not limited to the act dated 27 July 2002 on specific conditions of consumer sales and on amendment to the Civil Code (Dz.U. (journal of laws) No. 141 item 1176, as amended).
6.2.The Seller is required to provide a Product free of defects to the Customer. Detailed information concerning the Seller’s liability for defects in a Product and Customer rights are specified in the Online Shop in the tab concerning complaints.
6.4. It is recommended that the Customer provides the following details in the description of the complaint: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date that the defect is identified; (2) claims as to the manner of bringing the Products in line with the Contract of Sale or statement of price discount or withdrawal from the Contract of Sale; and (3) the contact details of the claimant. This will facilitate and expedite the processing of the complaint by the Seller. The requirements listed in the previous sentence are recommended only and do not affect the effectiveness of a complaint made without them.
6.5. The complaint will be processed by the Service Provider immediately, not later however than within 14 calendar days from the date of it being made. No response by the Seller within the term stated above means that the Seller accepted the complaint.
6.6. A Customer, who exercises their rights under statutory warranty, is required to deliver, at their own expense, the defective Product to the following address: ul. Szczęsliwa 6/19 53-446 Wrocław, Poland. If due to the nature of the Product or the method of its installation, it is extremely difficult to have the product delivered by the Customer, the Customer is required to make the Product available to the Seller in the location of the product.
7.1. Detailed information on the Customer’s (consumer’s) options for non-judicial methods of complaint handling and seeking redress as well as rules of access to these procedures are available on the premises and websites of county (municipal) consumer ombudsmen, social organizations with statutory tasks that include consumer protection, the Provincial Trade Inspection Authorities and on the following websites of the Office for Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
1.1.38. The Customer has the right to apply to the permanent consumer arbitration court as referred to in art. 37 of the Trade Inspection Act dated 15 December 2000 (Dz.U. (journal of laws) of 2001 no. 4 item 25, as amended) for resolution of a dispute that arose under the Contract of Sale. The Rules of organization and operation of the permanent consumer arbitration courts are determined in the regulation by the Minister of Justice dated 25 September 2001 on the rules of organization and operation of permanent consumer arbitration courts (Dz.U. (journal of laws) 2001 no. 113 item 1214).
1.1.39. The Customer has the right to apply to the provincial officer of Trade Inspection as prescribed in art. 36 of the Trade Inspection Act dated 15 December 2000 (Dz.U. (journal of laws) of 2001 no. 4 item 25, as amended) for a mediation procedure to be commenced to resolve the dispute between the Customer and the Seller amicably. The information on the rules and manner of mediation procedure conducted by the provincial officer of Trade Inspection is available on the premises and websites of the individual Provincial Authorities of Trade Inspection.
1.1.40. The Customer may receive free aid in the resolution of dispute between the Customer and Seller, using the free assistance of a commune (municipal) consumer ombudsmen or a social organization with statutory tasks that include consumer protection (such as Federacja Konsumentów (Federation of Consumers), Stowarzyszenie Konsumentów Polskich (Polish Consumer Association)), Advice is provided by the Federation of Consumers on porady@dlakonsumentow.pl and by the Association of Polish Consumers through the free consumer helpline 800 889 866.
7.3. Moreover, a EU-operated online platform for resolution of disputes between consumers and business operators is available on http://ec.europa.eu/consumers/odr(ODR platform). The ODR platform is an interactive and multilingual website with comprehensive customer service for consumers and business operators seeking a non-judicial resolution of a dispute concerning contractual obligations arising under an online sale or service contract.
8.2. An exemple template of the withdrawal form is provided in appendix no. 2 to the Consumer Rights Act and in Section 11 of these T&C it is also available in the Online Shop in the tab concerning withdrawal from the contract. The consumer may use this template but it is not mandatory.
1.1.44. for other contracts – from the date of the contract.
8.4. In the case that the distance contract is withdrawn from, the contract will be deemed non-existent.
8.5. The Seller will immediately, not later however than within 14 calendar days from the date of receipt of the consumer’s withdrawal statement, refund to the consumer all payments made by the consumer, including the cost of delivery of the Product (except for any additional costs resulting from the Customer selected method of delivery other than the cheapest standard delivery available in the Online Shop). The Seller will make the refund using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund, which does not involve any costs for the consumer. If the Seller has not suggested that they collect the Product from the consumer by themselves, the Seller may suspend the refund of payments received from the consumer until the Product is received back by the Seller or until the consumer provides evidence of it being sent back, whichever occurs first.
8.7. The consumer is liable for any diminished value of the Product as a result of its use beyond what is necessary to establish the nature, properties and working of the Product.
1.1.45. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery offered in the Online Shop, the Seller is bound to refund such additional cost to the consumer.
1.1.46. The consumer will pay for any direct cost of the Product return.
1.1.47. (1) for the provision of services, if the Seller has fully delivered the service with the express consent of a consumer, who was informed prior to the delivery of the service that once the Online Shop delivers the service, the consumer would forfeit their right to withdraw from the contract; (2) where the price or fee depends on fluctuations in the financial markets, which are not controlled by the Online Shop and which may occur before the time limit for contract withdrawal; (3) where the subject of the contract is not a standard Product but a custom product manufactured according to the consumer’s specifications or used to meet their specific needs; (4) where the subject of the contract is a perishable Product or a Product with a short shelf life; (5) where the subject of the contract is a Product delivered in sealed packaging, which, after the packaging is opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after the delivery; (6) where the subject of the contract is a Product, which after delivery, because of its nature, is inseparably mixed with other items; (7) where the subject of the contract consists of alcoholic beverages with the price agreed upon the conclusion of the Contract of Sale, and which can be delivered only after 30 days and with the value dependent on fluctuations in the market that are not controlled by the Seller; (8) where the consumer has expressly demanded that the Seller comes to the consumer to make an urgent repair or maintenance; if the Seller also provides other services other than the ones demanded to be provided on site or supplies other Products other than the spare parts necessary for the repair or maintenance on site, the consumer will have the right to withdraw in relation to such other services or Products; (9) where the subject of the contract consists of sound or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after the delivery; (10) for the provision of newspapers, periodicals and magazines, except for subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation, other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract includes the date or period of the service provision; (13) for the delivery of digital content that is not recorded on a physical medium, or the delivery commenced, with the express consent of the consumer, prior to the expiry of the contract withdrawal time limit and after the consumer has been informed by the Seller of the forfeiture of the right to withdraw.
9.1. This section in the T&C and any provisions contained herein apply only to non-consumer Customers and Users.
9.2. The Seller has the right to withdraw from the Contract of Sale entered into with a non-consumer Customer within 14 calendar days from the date of such contract. In this case, the withdrawal from the Contract of Sale may be effected without stating a reason and does not give rise for the non-consumer Customer to make any claims against the Seller.
9.3. For a non-consumer Customer, the Seller has the right to limit the available methods of payment, and also may demand prepayment of the whole or part of the amount, irrespective of the payment method chosen by the Customer and the fact that the Contract of Sale has been entered into.
9.4. Once the Seller releases the Product to the carrier, any benefits and burdens related to the Product as well as the risk of accidental loss or damage to the Product are transferred to the non-consumer Customer. In this case, the Seller is not liable for loss, depletion or damage of or to the Product from the taking of the same in transit until it is received by the Customer nor for any delay in the shipment.
9.5. If the Product is shipped to the Customer by a carrier, the non-consumer Customer is bound to examine the shipment within the time and in the manner customary for shipments of this kind. If the Customer finds out that the Product was depleted or damaged during shipment, the non-consumer Customer is bound to undertake any and all actions necessary to determine the liability of the carrier.
9.6. Pursuant to art. 558 § 1 of the Civil Code the liability of the Seller to a non-consumer Customer under statutory warranty for the Product is excluded.
9.7.In the case of non-consumer Users, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating a reason, by sending an appropriate statement to the User.
9.8. The liability of the Service Provider/Seller in relation to the non-consumer User/Customer, regardless of its legal grounds, is limited for, both a single claim and any claims in total, to the amount of the price paid and delivery costs under the Contract of Sale, however not more than the amount of one thousand Polish zlotys. In relation to the non-consumer User/Customer, the Service Provider/Seller is liable only for typical damage that may be foreseen at the time of conclusion of the contract and will not be liable for any lost profit.
9.9. Any disputes that may arise between the Seller/Service Provider and a non-consumer Customer/User will be submitted for resolution to the court competent for the registered office of the Seller/Service Provider.
10.1. The contracts entered into by the Online Shop are in the Polish and English language.
1.1.48. The Service Provider reserves the right to amend these T&C for material reasons, namely amendments to the law; changes in methods of payment and delivery, insofar as they affect the implementation of these T&C.
1.1.49. In the case that a continuing contract (e.g. provision of the Account Electronic Service) is entered into under these T&C, the amended terms and conditions will be binding for the User, if the requirements referred to in art. 384 and 384 of the Civil Code have been abided by, which means that the User was duly notified of the amendments and have not terminated the contract within 14 calendar days from the date of such notification. In the case that the amendment to these T&C gave rise to any new fees or increase in current fees, the User, who is a consumer, will have the right to withdraw from the contract.
1.1.50. In the case that a non-continuing contract (e.g. contract of sale) is entered into under these T&C, the amendments to these T&C will not violate the rights of Users/Customers, who are consumers, that were conferred on them before the entry into force of such amendments, in particular the amendments to the T&C will not affect any Orders that are or have been placed nor the Contract of Sales that have been entered into, implemented or discharged.
10.3. Any matters not regulated herein are subject to the relevant provisions of the applicable Polish laws, including but not limited to: the Civil Code; the electronic services act dated 18 July 2002 (Dz.U. (journal of laws) of 2002 No. 144 item 1204, as amended); for contract of sales entered into with consumers before or on 24 December 2014 – the provisions of the act dated 2 March 2000 on the protection of certain consumer rights and liability for damage caused by hazardous products dated 2 March 2000 (Dz.U. (journal of laws) of No. 22 item 271, as amended) and the act dated 27 July 2002 on specific conditions of consumer sales and on amendments to the Civil Code (Dz.U. (journal of laws) of No. 141 item. 1176 as amended); for contract of sales concluded with consumers after 25 December 2014 – the provisions of the act dated 30 May 2014 (Dz.U. (journal of laws) 2014.827, as amended); and other relevant provisions of the generally applicable law.


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Abstract In recent years, taking advantage of LARG supply chain (SC) paradigm, a combination of four paradigms (clean, agile, resilience and green) has been increasingly employed. For capturing the advantages of LARG in SC, companies needed to recognize proper practices and implement them with appropriate planning and infrastructure. However, one of its deficiencies is lack of proper method in the prioritization of the LARG paradigms and practices as well as explanation of their relationship. Hence, the main contribution of this paper is to present a comprehensive approach to deal with inherent vagueness and uncertainty of the human decision process using fuzzy set theory, it aims to provide a quantitative basis via a hybrid fuzzy multi-criteria decision making (FMCDM) model that will make easy data collection and shall decrease the calculation. This model combines fuzzy decision making trial and evaluation laboratory (DEMATEL) with fuzzy analytical network process (ANP), i.e. FDANP, to determine the global weights of paradigms and practices and develop their impact relation map. Finally, the implementation of practice was prioritized by using interpretative structural model (ISM). It should be noted that, to measure the efficiency of this method, Iranian dairy industries as a case study was considered. With the help of obtained results, it can be determined the most and the least important practices and paradigms and prioritization of their implementation.
طی سال¬های اخیر، بکارگیری پارادایم زنجیره تأمین لارج (ترکیبی از چهار پارادایم ناب، چابک، تاب¬آور و سبز) به¬طور فزاینده¬ی در حال افزایش است. جهت بهره¬برداری از مزایای پارادایم لارج در زنجیره تأمین، ابتدا باید اقدامات مناسب شناسایی شوند و با برنامه¬ریزی صحیح بستر لازم برای جاری ساختن آنها فراهم گردد. با این حال، یکی از نقاط ضعف این حوزه فقدان روشی مناسب برای اولویت¬بندی اقدامات و پاردایم¬های لارج و تبیین روابط بین آنها است. در همین راستا، پژوهش حاضر درصدد است یک رویکرد جامع بر مبنای مدل تصمیم¬گیری چند معیاره فازی ارائه دهد بطوریکه ضمن مقابله با ابهام و عدم اطمینان موجود در فرآیند تصمیم¬گیری، جمع¬آوری داده را تسهیل کرده و حجم محاسبات را کاهش دهد. با استفاده از این مدل کمی، که ترکیبی از تکیک‌های دیمتل فازی و فرآیند تحلیل شبکه فازی یا به اختصار FDANP است درجه اهمیت اقدامات و پارادایم¬های زنجیره تأمین لارج تعیین و روابط علی بین آنها را ترسیم می¬شود.در نهایت با استفاده از روش مدل ساختاری تفسیری اولویت اجرای هر یک از اقدامات تعیین خواهد شد. همچنین به‌منظور سنجش بهتر کارایی رویکرد پیشنهادی، صنایع لبنی ایران به¬عنوان مطالعه موردی بررسی گردید. با توجه به نتایج مدل، بااهمیت ترین و کم‌اهمیت ¬ترین پارادایم و اقدامات و نیز اولویت اجرای آنها تعیین شد.
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By now, we all (hopefully) have our Family and Medical Leave Act (FMLA) procedures down to a science. After 12 years of practice, most employers are very familiar with the basic eligibility standards, paperwork requirements, and timekeeping rules involved with this legislation. Recent case law, however, serves to define, limit, enhance, and sometimes confuse what you thought was standard procedure. From the moment an employee gives notice (or not!) of their need to take leave, to the time an organization asks them to leave with a severance package, the FMLA controls an employer’s options, as the cases discussed in this article instruct.
The regulations governing the FMLA make it very clear that an employee does not need to expressly request FMLA leave or even mention the FMLA in order to be entitled to the leave. 29 C.F.R. 825.302 (b). However, employees are required to provide “at least verbal notice sufficient to make the employer aware that the employee needs FMLA-qualifying leave,” Id at (c).
One of the most troubling cases for employers came out of the Seventh Circuit in 2003, where the court ruled that an employee had given sufficient notice for his need for FMLA leave when he started sleeping on the job. In that case, Byrne v. Avon Products, Inc., 328 F. 3d 279 (7th Cir. 2003), Mr. Byrne had been a highly regarded and productive employee for more than four years. But one day a co-worker reported that he found Byrne sleeping in the break room. After some surveillance and an investigation, the company found that Byrne was spending a good part of his night shift reading and sleeping. The day that management planned to discuss the issue with Byrne, he left early, indicating he was not feeling well and would be out for the rest of the week. When the company tried to reach him at home, his sister told them that Byrne was “very sick.” When management finally talked to Byrne, he was somewhat incoherent, but agreed to attend a meeting to discuss his situation. He did not make it to the meeting and Avon subsequently fired him for not coming to the meeting and for sleeping on the job. For the next two months, Byrne received treatment for depression. When the company refused to put him back to work, he sued for violations of the Americans with Disabilities Act and the FMLA. The court ultimately said that “a sudden change in a person’s behavior may supply notice . . .” of the need for leave under the FMLA.
Fortunately for employers, not all courts have been so lenient toward notice requirements nor have they followed the Byrne rationale. In the Sixth Circuit, the court in Walton v. Ford Motor Co, 424 F.3d 481 (6th Cir. 2005), sided with the employer’s decision to terminate Mr. Walton after he failed to provide proper notice under the FMLA and company policy. In this case, Walton informed his supervisor that he was going to the plant’s medical department, and subsequently to a doctor’s appointment for a knee injury he incurred at home. Walton then missed several days of work and failed to call in to his supervisor, as required in company policy. However, it was later learned that Walton was calling in to the “security office” to say he would not be in. The court noted that the security office was managed by a third-party security company, and was not the proper avenue for an employee to give notice for leave, neither under company policies nor the FMLA. After the company attempted to reach Walton in writing, seeking information about his absences and the need for leave, Walton ignored the letter and was later terminated. He then sued for violations of the FMLA. The court upheld the termination, stating that Walton did not meet his obligation under the Act because merely reporting that he was going to the doctor for an injured knee and then calling the security office was not proper notice under the FMLA.
Most recently, the Fifth Circuit upheld summary judgment in favor of an employer in Willis v. Coca Cola Enterprises, Inc., No. 05-30047 (5th Cir. March 31, 2006), when the plaintiff employee could not introduce evidence that she had requested medical leave under the FMLA. In this case, Willis called in on a Monday to say she was sick and not able to come to work. She also mentioned that she was pregnant, but did not say she was sick because of her pregnancy. On Tuesday, the next day, she called in to find out where she should report to work, but her supervisor told her she could not come back until she received a medical release from her doctor. She told him she had a doctor’s appointment on “Wednesday.” The supervisor thought that meant the next day, but it was actually not until the following week. Willis made no contact with the company until the following week on Thursday, at which time she learned she was deemed to have voluntarily resigned under the no call/no show policy. She sued under the FMLA and Title VII, but lost on summary judgment. The court agreed with the company’s argument that one phone call saying she was “sick” (but with no claimed link between the sickness and her pregnancy) was not sufficient notice of the need for FMLA coverage. Unlike the court in Byrne, this holding requires specific information from the employee about his/her condition and intent before acknowledging that an FMLA notice is deemed to be triggered.
If you see sudden changes in a person’s behavior, remember that they could be signs of a mental or medical condition that qualifies the employee for leave under the FMLA. Those sudden changes may be all the notice you need to inquire about the need for leave, especially if you operate in a state covered by the Seventh Circuit.
3. Provide a physician certification form to the employee.
If a condition ends up not qualifying under the FMLA, you can always go back and change it retroactively, which is safer and more cost effective than not capturing the event from the beginning.
At 29 C.F.R. 825.305, the DOL grants employers the authority to require FMLA-eligible employees to provide medical certification of their own or their family member’s health condition. This regulation states that employers must provide notice to the employees to provide the certification, and must allow at least 15 calendar days after they make the request for the employee to provide it. Once a certification is received, if an employer believes the certification is incomplete they must allow the employee a reasonable opportunity to “cure” the deficiency. Although the language appears straightforward, the following cases have highlighted a few nuances inherent in those regulations.
In Kauffman v. Federal Express Corporation, 426 F.3d 880 (7th Cir. 2005), Mr. Kauffman called in sick the first few days of 2002, and then brought in a doctor’s note when he returned to work on January 7. His immediate supervisor told him to apply for FMLA leave and gave him the paperwork, including a notice/request for medical certification. Instead of checking off the listed categories on the certification form, Kauffman’s physician wrote in “bronchitis,” and made notes about time needed off, a follow-up appointment, and the commencement date. The company subsequently terminated Kauffman, stating that, among other things, he had not provided adequate information for his leave on the medical certification form. The court determined that although the doctor did not follow the form exactly, the information he provided was enough to satisfy the statute. If FedEx believed the form was incomplete, it had a duty to “provide the employee with a reasonable opportunity to cure any such deficiency.” 29 C.F.R. 825.305.
The court faced a different scenario in Urban v. Dolgencorp of Texas, Inc., 393 F.3d 572 (5th Cir. 2005). There, the plaintiff requested time off for bilateral carpel tunnel surgery, requesting leave for all 12 weeks off as provided in the FMLA. The company notified Urban that it was designating her leave as FMLA-qualifying, and that it would be necessary for her to produce medical certification from her physician. The company gave her a deadline to return the certification and she requested and received an extension to provide it. However, she did not provide a certification by the extended deadline, and she was ultimately terminated. Urban claims that she left the medical certification with her doctor and assumed his office faxed it to the company, asserting she should have the opportunity to “cure” a deficiency in the form as provided in the regulations. This court ultimately held that the ability to cure a deficiency only applies to the situation where the certification was actually provided in the first place. It is the employee’s responsibility to make sure the employer receives the certification, and then he/she may have the opportunity to correct an incomplete or unclear form if requested to do so by the employer.
Frazier v. Honda of America Mfg., Inc., 431 F.3d. 563 (6th Cir. 2005) looks at yet another twist on the certification issue. It is undisputed in this case that on July 26, 2001, after receiving Frazier’s notice that he needed FMLA leave for wrist pain, the company provided him with oral notice to obtain medical certification for his condition. Subsequently, the employer sent Frazier a package with a written request for certification and other information, with an explanation that the certification be turned in within 15 days of the letter, which would have been August 14, 2001. On August 14, Frazier went to the doctor and had the doctor complete the form, which Frazier turned in the next day, on August 15. The company then suspended Frazier to conduct an investigation into the issues surrounding his leave, and ultimately terminated him for violating its leave policies. During trial, there was some argument over the fact that Honda’s written notice said “within 15 days of” rather than the regulatory language of “at least 15 calendar days after the employer’s request.” The court ultimately supported Honda’s decision to terminate Frazier, stating that the original oral notice was sufficient to start the 15 day period. The subsequent written notice did not supersede the oral, but served to extend the wait period, which is above and beyond what is required under the FMLA, as well as Honda’s own policies. The company, therefore, was correct in terminating the employee in the court’s determination.
CONSISTENTLY enforce your FMLA policy.
The court in Solovey v. Wyoming Valley Health Care System Hospital, 396 F. Supp 2d 534 (M.D. Pa. Oct. 13, 2005), confirmed what most organizations have been doing routinely in accordance with 29 C.F.R. 825.301(b). That is, employers must allow FMLA-eligible employees to use accrued vacation or other paid leave time during their 12 week FMLA period. In this case, however, a company’s vacation policy required an employee to provide a two-week notice before taking paid vacation. The plaintiff’s father grew terminally ill very quickly and the plaintiff took a few days off to spend with him. Her first day of leave was on June 23, 2003 and her father died on June 28, 2003. She did not have time to provide the two-week notice for vacation, but requested that she be paid her vacation pay during that FMLA leave. The company denied her request, stating that she was not due vacation pay because she did not provide the requisite notice. The court disagreed, holding that such an onerous requirement was contrary to the terms of the FMLA. Therefore, if your FMLA policy does not require an employee to use all their accrued paid time off before the unpaid portion of FMLA leave begins, you may not prohibit an employee from using such accrued time if they request it. The paid time off will run simultaneously with the statutory 12 weeks allowed off and will not serve to extend it.
If your FMLA policy does not require an employee to use accrued time off prior to accessing their unpaid time, consider changing it to require employees to use all their accrued paid time off during the 12 week FMLA period. This practice is acceptable under the regulations and has provided many companies with significant cost savings.
Be reasonable with the requirement of advance notice. If an eligible employee is unable to give advance notice for FMLA leave, you may not prohibit the employee from using their paid time off simply because they did not provide the notice specified in an internal policy, collective bargaining agreement or handbook.
Many consider the entitlement to return to work after taking time off to care for an employees’ own or a family member’s serious health condition or to care for a new baby to be the biggest benefit the FMLA has to offer. Nonetheless, exactly how and when one re-enters the work place after their time away has raised many questions for employers and employees alike.
In Hoge v. Honda of America Mfg., Inc., 384 F.3d 238 (6th Cir. 2004), the court held that an employee may not be required to take more time off than medically necessary, even if business conditions warrant an extension. In that case, Ms. Hoge worked on a production line at Honda’s assembly plant. Hoge had a documented back injury, and her position accommodated her limitations. Hoge requested and received FMLA leave for an unrelated condition. During her time away, Honda was conducting a “new model changeover” on its production line and temporarily eliminated the position Hoge previously held but intended to create a similar position once the changeover was complete. However, Hoge returned to work one morning unexpectedly, and Honda could not find a position that accommodated her physical limitations until a few weeks later. The defendant argued there should be a “reasonableness” factor involved in returning an employee to work if the employee is ready to come back sooner than originally expected. The court said even though her return was early and unexpected, the statute clearly states at 29 C.F.R. 825.309(c) that “an employer may require that the employee provide the employer reasonable notice (i.e. within two business days) of the changed circumstances where foreseeable.” Therefore, when she appeared ready for work that unexpected morning, Honda had at most two days to delay the restoration to an equivalent position.
While Hoge considered timing issues, Bloom v. Metro Heart Group of St. Louis Inc., 8th Cir. No. 05-2682 (March 16, 2006) considered performance issues involved with returning to work. Metro hired Bloom as an ultrasound sonographer, which required her to grip an ultrasound machine for the majority of the workday. A previously diagnosed case of carpel tunnel syndrome reoccurred after she was hired, which resulted in a doctor giving Bloom work restrictions, including limited gripping. Because she was not able to operate the machine for which she was hired, Metro placed Bloom on FMLA leave and notified her that she could not return to work without medical clearance. Bloom never submitted her fitness for duty certificate, and Metro terminated her at the end of her 12 week period, stating that she could not perform the essential functions of her job. The court agreed with the discharge, holding that an employer is not required to reinstate an employee under such circumstances.
The best FMLA practices include consistent and continuous communication between the employee and employer about medical certifications, conditions of the leave, and return to work expectations. Use standardized forms and letters, and use them often and consistently.
The regulations anticipate that return to work dates may change, so prepare to be flexible. If an employee lets you know they are able and willing to return earlier than expected, you may only have two days to reinstate them to an equivalent position – even if business conditions warrant otherwise.
If an employee cannot perform the essential functions of her position after her FMLA leave is over, she is not entitled to reinstatement. Before terminating her in these circumstances, however, you should seek the advice of your employment counsel to be sure all notices have been given and that there are no other legal issues to consider, such as the Americans with Disabilities Act, Worker’s Compensation statutes, etc.
If you are in the Forth Circuit (Maryland, North Carolina, South Carolina, Virginia or West Virginia), you need to take a hard look at your standard severance package language. The US Court of Appeals in Taylor v. Progress Energy, 415 F.3d 364, (4th Cir. 2005), held that release and/or waiver agreements which purport to waive employees’ FMLA claims, either prospectively or retroactively, are invalid without prior approval from either the Department of Labor or a court. While waivers of other statutory claims, such as Title VII, ADEA, and the ADA remain effective, FMLA claims are treated similarly to claims under the Fair Labor Standards Act (FLSA), and may not be waived without a court or DOL blessing. The court specifically disagreed with the 5th Circuit’s rationale in Faris v. Williams WPC-I, Inc., 332 F. 3d 316 (5th Cir. 2003), that the FMLA only impacts prospective claims. Therefore, this issue may ultimately need to be resolved by the U.S. Supreme Court before employers can be sure of what is safe to settle in the FMLA arena.
Review or have your counsel review your organizations’s release and waiver agreements in light of these developments. Avoid catch-all phrases, such as “any other federal, state or local law” when trying to capture every possible claim, especially if you are in the Fourth Circuit.
Consider limiting your standard releases by including an acknowledgment that the agreement does not affect claims that cannot be waived by a private agreement.
If it is crucial to get a release from FMLA claims, seek legal guidance before requesting DOL or court approval. You could very well be opening a bigger can of worms than you are bargaining for!
The cases above are a sample of the various FMLA issues being tried every day in the various jurisdictions throughout the country. Although some of them amount to nothing, others can and do affect your policies and practices. The most important management tip is therefore this: The best policy manuals are in loose leaf three-ring binders – always ready for change!
DC - DC, Tax Court, fed admin agencies.
Federal Patent, Int'l Trade, Claims Court and Veterans' Appeals.

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