TERMS AND CONDITIONS OF PURCHASE ON THE WEBSITE
The website cares about consumer rights. A consumer may not waive the rights granted to him by the Consumer Rights Act. Provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are null and void and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any rights of consumers to which they are entitled under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, these provisions shall prevail and shall be applied.
- GENERAL PROVISIONS
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the website (with the exception of point 11 of the Terms and Conditions, which is addressed only to entrepreneurs).
Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
1.4 Unless otherwise expressly stated, all copyrights, both moral and economic, are vested in the Seller. This software is protected by copyright laws, international copyright treaties and other international legislation and agreements for the protection of intangible property rights. Violation of these rights is subject to civil and criminal liability.
1.5 The use or reproduction of the software in an incomplete form or supplementation of the software with additional components is prohibited. Modifications or other changes are a violation of copyright law and this agreement.
1.6 The Software may not be rented or leased by the Licensee.
1.7 You may not disassemble, decompile or otherwise reproduce the software code or translate its form to the extent that it is permitted under applicable law.
1.8 You must retain the copyright notice on all copies of the software.
1.9 The Software is provided on an "as is" basis. You assume the risk arising from the use of the software. The Licensor and the distributors of the software do not provide any warranty or guarantee that the software will work properly, is of adequate quality, or that it will meet the Licensee's expectations. The Seller is not responsible for the content played by the user.
1.10 The Licensor and the distributors of the software shall not be liable for any loss resulting from the use of the software, including loss of anticipated profits, data, business information or the cost of substitute equipment or programs. The Licensor's total liability for damages resulting from the use of the software and damages for the Licensee is limited to the amount of fees paid by the Licensee to the Licensor.
1.11 Vendor provides you with the ability to automatically update the software, but does not guarantee the availability of this service or any frequency of updates. The entire liability, costs, and risks associated with the use of these features shall be borne by you. Vendor reserves the right to discontinue automatic updates or additional charges.
1.12 The Software may or may not connect to Vendor's server to automatically check for software updates or to download advertisements displayed in the Software, but no data about you is collected or stored by Vendor other than any statistical data such as the number of times the program was launched or the number of times the ad was displayed while the Software was running. No data such as IP address, username, serial numbers, or any other personally identifiable information is collected or stored.
1.13 By contacting Vendor in any form, you authorize Vendor and companies acting on its behalf to process your personal data to the extent necessary for the performance of this agreement and any other agreements under this agreement. The Licensee agrees to receive information from the author about news and updates, unless the Licensee objects in writing.
1.14 The provisions of this license do not preclude you or the author from having additional rights or obligations unless they are effectively excluded by the provisions of this agreement.
1.15.1. ORDER FORM – Electronic Service, an interactive form available on the website that allows you to place an Order and specify the terms of the Sales Agreement, including the method of delivery and payment.
1.15.2. CLIENT – (1) a natural person with full legal capacity, and in cases
provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal entity; or (3) an unincorporated entity that is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.15.3. SALES AGREEMENT – a contract for the sale of the Product concluded or concluded between the Customer and the Seller via the website.
1.15.4. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the website.
1.15.5. ORDER - a declaration of intent of the Customer made by means of the Order Form and aimed directly at concluding the Product Sale Agreement with the Seller.
- TERMS AND CONDITIONS OF CONCLUDING A SALES CONTRACT
2.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form on the website.
2.2. The price of the Product displayed on the website is given in USD and includes taxes.
The Customer shall be informed of the total price including taxes of the Product which is the subject of the Order, as well as of the delivery costs (including transport, delivery and postal service charges) and other costs, and if the amount of these fees cannot be determined – of the obligation to pay them, on the website during the placing of the Order, including at the time of the Customer's expression of willingness to be bound by the Contract of Sale.
2.3. Procedure for concluding the Sales Contract on the website using the Order Form
2.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order on the website.
2.3.2. After placing an Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided during the order placement, which contains at least the Seller's statements about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, the Sales Agreement is concluded between the Customer and the Seller.
2.4. The content of the Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website and (2) sending the Customer an e-mail message referred to in clause 2.3.2. Rules. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's website.
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
3.1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:
3.1.1. Przelewy24 - possible current payment methods are specified on the merchant's website and on the website of the http://www.przelewy24.pl/
3.1.2 PayPal - the possible current payment methods are specified on the Merchant's website and on the website of the https://www.paypal.com/pl
3.2. Settlements of electronic payments and payment cards are carried out at the Customer's choice via Przelewy24 or PayPal
- COST, METHODS AND TIMING OF DELIVERY OF THE PRODUCT
4.1. The Seller provides the Customer with the following methods of delivery of the Product:
4.1.1. Electronic Shipment.
4.2. Electronic shipment consists in sending the Product to the Customer via e-mail or providing a unique Internet link (URL) enabling the download or sharing of the Product.
4.2.1. In the case of providing a unique Internet link (URL) enabling the download or sharing of the Product, the Seller ensures its proper operation for a period of at least 6 months from the date of making it available. During this period, the Seller recommends downloading the Product and recording it digitally in the computer's memory.
After this period, if the Customer is unable to download the Product via a unique web link (URL), the Customer may request the Seller to make the Product available again.
4.3. Electronic shipment is free of charge.
4.4. The deadline for delivery of the Product by electronic mail to the Customer is up to 10 hours from the moment the payment is recorded on the Seller's settlement account.
- PRODUCT COMPLAINT
5.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are determined by generally applicable law, in particular in the Civil Code.
5.2. The Seller is obliged to provide the Customer with the Product without defects.
5.4. It is recommended that the Client provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect; (2) request a method of bringing the Product into conformity with the Contract of Sale or a statement of price reduction or withdrawal from the Contract of Sale; and (3) the complainant's contact details – this will facilitate and expedite the Seller's handling of the complaint.
The requirements set out in the previous sentence are only in the form of a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.
5.5. The Seller shall respond to the Customer's complaint immediately, no later than within 14 days
calendar years from the date of its submission. Failure of the Seller to respond within the above deadline means that the Seller considers the complaint to be justified.
- OUT-OF-COURT COMPLAINT HANDLING AND INVESTIGATION
AND THE RULES FOR ACCESS TO THOSE PROCEDURES
6.1. Detailed information on the possibility for the Customer who is a consumer to benefit from the
out-of-court methods of handling complaints and pursuing redress, as well as the rules of access to these procedures, are available at the headquarters and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade.
6.2. A Client who is a consumer has the following exemplary possibilities of using out-of-court complaint and redress methods:
6.2.1. The Client is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended) with a request to settle the dispute arising from the concluded Sales Agreement. The Rules of Organisation and Operation of Permanent Consumer Arbitration Courts are laid down in the Regulation of the Minister of Justice of 25 September 2001 on the Rules of Organisation and Operation of Permanent Consumer Arbitration Courts. (Journal of Laws of 2001, No. 113, item 1214).
6.2.2. The Client is entitled to apply to the Provincial Inspector of the Trade Inspection, in accordance with Article 36 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Client and the Seller. Information on the rules and procedures of mediation conducted by the Provincial Inspector of the Trade Inspection is available at the headquarters and on the websites of individual Provincial Inspectorates of the Trade Inspection.
6.2.3. The Client may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- RIGHT OF WITHDRAWAL
The consumer does not have the right to withdraw from a distance contract with respect to contracts for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began with the consumer's explicit consent before the expiry of the deadline for withdrawal from the contract and after the Seller informed him of the loss of the right to withdraw from the contract.
- RIGHT TO USE THE SELLER'S WORKS (LICENSE)
8.1. This section of the Terms and Conditions applies to Products constituting a work within the meaning of the Copyright Law and thus being the subject of copyright protection and in respect of which the Seller is entitled to economic copyrights.
8.2. The following provisions of the Terms and Conditions are intended to define the rules for granting licenses to the Customer by the Seller for Products protected by Copyright, to the extent necessary for the Customer to use the Product.
8.3. The use by the Client of a Product constituting a work within the meaning of the Copyright Law and thus being the subject of copyright protection is possible only for non-commercial purposes, for the Client's own use, to the extent specified in these Terms and Conditions and the provisions of the Copyright Law.
8.4. To the extent permitted by generally applicable laws, including in particular the Copyright Law and fair use regulations, the Customer is not entitled to make the Product available to third parties or to use it for commercial purposes.
8.5. Upon payment, the Seller grants the Customer a non-exclusive, non-transferable, non-transferable and non-sublicensable (including without the right to authorize other persons to use the content within the scope of the license granted) license to use the Product, including the right to use copyrights, without restrictions as to the territory and time, in the following fields of exploitation: (1) multiple downloads of the Product and its digital recording in the computer memory; (2) permanent or temporary reproduction of the Product, in whole or in part, by digital technology, to the extent that it is necessary to reproduce the Product in order to display, reproduce or store it; (3) permanently or temporarily display, reproduce, or store the Product by digital means.
8.6 The Client declares that the content played with the use of the Service Provider's software comes from legal sources.
8.7 The Service Provider has no influence on the content played, it only enables additional functions in its software, such as conversion of files to other formats, streaming in the Wi-Fi network to other devices, or the service of reading subtitles and others.
- PROVISIONS CONCERNING ENTREPRENEURS
9.1. This section of the Terms and Conditions and the provisions contained therein apply only to Clients and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Seller who is not a Salesperson
within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including the requirement to make a prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement
provision of the Electronic Service with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.
9.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the price paid. The Service Provider/Seller shall be liable to the Service Recipient/Client who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits in relation to the Service Recipient/Customer who is not a consumer
9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not
consumer shall be submitted to the court competent for the registered office of the Seller/Service Provider.
- FINAL PROVISIONS
10.1. Agreements concluded through the Website are concluded in the Polish language.
10.2. Amendment of the Regulations:
10.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2. In the case of concluding continuous agreements on the basis of these Terms and Conditions (e.g. provision of an Electronic Service – Account), the amended Terms and Conditions shall be binding on the Service Recipient if the requirements set out in Articles 384 and 384 of the Civil Code have been complied with, i.e. the Service Recipient has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment of the Terms and Conditions results in the introduction of any new fees or an increase in the existing ones, the Service Recipient who is a consumer has the right to withdraw from the agreement.
10.2.3. In the event of concluding agreements of a nature other than continuous contracts (e.g. Sales Agreement) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall not in any way infringe the rights acquired by the Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions will not affect the Orders already placed or placed and the Sales Contracts concluded, executed or performed.
10.3. In matters not regulated herein, the generally applicable provisions of Polish law shall apply, in particular: of the Civil Code; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers – provisions of the Act on the Protection of Certain Consumer Rights and on Liability for Damage Caused by the Product of 2 March 2000 (Journal of Laws of 2000 No. 22, item 271, as amended) and the Act on Specific Conditions of Consumer Sales and Amendments to the Civil Code of 27 July 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers – provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
10.4 This agreement shall be governed by the laws of the Republic of Poland. Any disputes between the parties shall be resolved by arbitration or, if not resolved, by the court having jurisdiction over the registered office of the Licensor. To the extent not regulated by the provisions of this agreement, the relevant provisions of the Civil Code and the Act on Copyright and Related Rights shall apply.