Terms of service
| REGULATIONS OF THE ONLINE SHOPPU | ||
| 1. | 1. These Terms and Conditions set out the general conditions, rules and manner of sales conducted by Gilbertson & Page Europe Sp. z o.o. with its registered office in Gdynia, by means of the gilpa.es (hereinafter referred to as the 'Online Shop') and defines the terms and conditions for the provision of free-of-charge electronic services by Gilbertson & Page EuropeSp. z o.o. with its registered office in Gdynia. | |
| § 1 Definitions | ||
| 1. | Working days - shall mean the days of the week from Monday to Friday, excluding public holidays. | |
| 2. | Delivery - means an actual activity consisting in delivery of the Goods specified in the order by the Seller to the Client via the Supplier. | |
| 3. | 3.Supplier - means the courier company with which the Seller cooperates in delivering the Goods. | |
| 4. | Password - means a sequence of letter, digital or other characters chosen by the Client during the Registration process at the Online Store, used in order to secure access to the Client's Account at the Online Store. | |
| 5. | Client - means an entity to whom, in accordance with the Regulations and legal regulations, electronic services may be provided or with whom a Sales Agreement may be concluded. | |
| 6. | Consumer - means a natural person making a legal transaction with the trader not directly related to its business or professional activities. | |
| 7. | Customer Account - means an individual panel for each Customer, launched on its behalf by the Seller, after the Customer has made the Registration and concluded the agreement for the provision of the Customer Account service. | |
| 8. | Entrepreneur - shall mean a natural person, legal person or organizational unit not being a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal action directly related to its business or professional activity. | |
| 9. | Entrepreneur with the rights of a Consumer - means a natural person entering into a Sales Agreement directly related to his/her business activity, where the content of the Sales Agreement shows that it is not of a professional nature for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity. | |
| 10. | Regulations - means these Regulations. | |
| 11. | Registration - means an actual action carried out in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store. | |
| 12. | Seller - means TRICOLOR Sp. z o.o. with its seat in Gdynia (81-575), ul. Kaczeńcowa 14, NIP: 9581013781, REGON: 191338618, entered into the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Department of the National Court Register under number KRS 0000155573, with a share capital of 100,000 PLN; e-mail: info@tricolor.pl, being also the owner of the Internet Shop. | |
| BDO number - 000318061. | ||
| 13. | OnlineStore Website - means the website under which the Seller operates the Online Store, operating in the domain www.tricolor.pl. | |
| 14. | Goods - shall mean the product presented by the Seller via the Store's Website that may be subject to a Sales Agreement. | |
| 15. | 15.Permanent carrier - shall mean material or tool enabling the Client or the Seller to store information addressed personally to him in a manner allowing access to information in the future for a time appropriate to the purposes of such information and which allows the reproduction of stored information in an unchanged form. | |
| 16. | 16.Sales Agreement - means a remote sales agreement, on terms specified in the Terms and Conditions, between the Customer and the Seller. | |
| § 2 General provisions and use of the Online Store | ||
| 1. | 1. All rights to the Online Store, including intellectual property rights to its name, domain name, the Online Store Website, as well as to patterns, forms, logotypes placed on the Online Store Website (with the exception of logotypes and(with the exception of logotypes and images presented on the Store's Website for the purpose of presentation of goods, the copyrights to which are held by third parties) belong to the Seller, and their use can be performed only in the manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing. | |
| 2. | Seller will make every effort to use the Online Store is possible for Internet users with the use of all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements for the use of the Store's Website are a web browser in the version at least Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or later, with Javascript support enabled, accepting cookies and an Internet connection with a bandwidth of at least 256 kbit/s. The Store's website is optimised for a minimum screen resolution of 1024x768 pixels. | |
| 3. | Seller uses a mechanism of "cookies" files, which are stored by the Seller's server on the hard drive of the Client's end device while using the Store's Website. The use of cookies is aimed at proper operation of the Store's Website on customers' end devices. This mechanism does not damage the Customer's terminal equipment and does not cause any configuration changes in the Customer's terminal equipment or in the software installed on such equipment. Each Client can disable the "cookies" mechanism in the web browser of his/her end device. The Seller points out that disabling cookies may, however, cause difficulties or make it impossible to use the Shop's Website. | |
| 4. | In order to place an order at the Online Store via the Store's Website and in order to use the services provided electronically via the Store's Website, it is necessary for the Customer to have an active e-mail account. | |
| 5. | It is forbidden for the Customer to provide illegal content and use the Online Store, Store's Website or free services provided by the Seller, in a manner contrary to the law, morality or violating personal interests of third parties. | |
| 6. | Seller declares that the public nature of the Internet and use of services provided electronically may be associated with the risk of obtaining and modifying customer data by unauthorized persons, so customers should use appropriate technical measures to minimize the above risks. In particular, they should use anti-virus software and identity protection software for Internet use. The Seller shall never ask the Client to provide him with a Password in any form. | |
| 7. | It is not permissible to use the resources and functions of the Online Store for the purpose of conducting activities by the Client that would infringe the interests of the Seller, i.e. advertising activities of another entrepreneur or product; activities involving the placement of content unrelated to the activities of the Seller; activities involving the placement of false or misleading content. | |
| § 3 Registration | ||
| 1. | In order to create a Customer Account, the Customer is obliged to make a free registration. | |
| 2. | Registration is not necessary to place an order in the Online Store. | |
| 3. | In order to register, the Customer should fill in the registration form made available by the Seller on the Store's website and send the completed registration form electronically to the Seller by selecting the appropriate function on the registration form. During the Registration process the Client sets an individual Password. | |
| 4. | The Customer can also register via their facebook.com user account. The creation of a Customer Account takes place via dedicated redirection from the Online Store to facebook.com website, where the Customer is asked to provide his username and password to his facebook.com user account. After the authorization on facebook.com website, the Customer is redirected back to the Online Store, where a Customer Account is created, with a link to the user account on facebook.com. The user name at facebook.com and his/her password are not registered and stored by the Seller. | |
| 5. | The Customer also has the opportunity to make Registration through their google.com user account. Setting up a Customer Account is done through a dedicated redirection from the Online Store to the google.com website, where the Customer is asked to enter the username and password that he has for the user account on google.com. After authorization on the google.com website, the Customer is redirected back to the Online Store, where a Customer Account is created, with a link to the user account on google.com. The user name to google.com and its password are not registered and stored by the Seller. | |
| 6. | When completing the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form. | |
| 7. | During the Registration process the Client can voluntarily agree to have his/her personal data processed for marketing purposes by ticking the appropriate box on the registration form. In this case, the Seller clearly informs about the purpose of collecting the Client's personal data, as well as about known or anticipated recipients of these data. | |
| 8. | The Client's consent for processing of his/her personal data for marketing purposes does not condition the conclusion of the agreement for electronic provision of the service of maintaining a Client's Account with the Seller. Consent can be withdrawn at any time, by submitting an appropriate statement of the Client to the Seller. The declaration can be for example sent to the address of the Seller via e-mail. | |
| 9. | After submitting the completed registration form the Customer receives immediately, by e-mail to the e-mail address given in the registration form, confirmation of registration by the Seller. With this moment, an agreement for electronic provision of services for running a Customer Account is concluded, and the Customer gets the possibility to access the Customer Account and make changes to the data provided during the Registration. | |
| § 4 Orders | ||
| 1. | Information contained on the Store's Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a contract of sale. | |
| 2. | Customer may place orders at the Online Store via the Store's Website 7 days a week, 24 hours a day. | |
| 3. | The Customer who places an order via the Online Store website, completes the order by selecting the Goods he or she is interested in. The Goods are added to the order by choosing the command "TO CART" under the given Goods presented on the Store's Website. Having completed the entire order and having indicated in the "CART" the way of delivery and method of payment, the Client places the order by sending an order form to the Seller, selecting the "Order and pay" button on the Store's website. Each time before sending the order to the Seller, the Client is informed about the total price for the chosen Goods and Delivery, as well as about all additional costs he is obliged to incur in connection with the Sales Agreement. | |
| 4. | Placing an order constitutes a submission of an offer to conclude a Contract of Sale for the Goods being the subject of the order by the Client to the Seller. | |
| 5. | After placing an order, the Seller shall send to the e-mail address provided by the Client a confirmation of its placement. | |
| 6. | Then, after confirming the order, the Seller sends to the e-mail address provided by the Customer information about accepting the order for processing. Information on the acceptance of the order for processing is a statement of the Seller of the acceptance of the offer, referred to in§4.4 above and at the moment of its receipt by the Customer the Sales Agreement is concluded. | |
| 7. | After concluding a Sales Agreement, the Seller confirms its terms and conditions to the Customer by sending them on a durable medium, to the e-mail address of the Customer or in writing to the address provided by the Customer during the Registration or order placement. | |
| § 5 Payments | ||
| 1. | 1. The prices on the Store's website placed next to given Products are gross prices and do not include information about delivery costs and any other costs that the Client shall be obliged to pay in connection with the Sales Agreement, of which the Client shall be informed while choosing the manner of delivery and placing an order. | |
| 2. | The Client can choose the following forms of payment for the ordered Goods: | |
| a) | bank transfer to the bank account of the Seller (in this case, the processing of the order shall be commenced after the Seller has sent to the Client confirmation of acceptance of the order and after the funds have been credited to the bank account of the Seller); | |
| b) | bank transfer via PayU external payment system, operated by PayU S.A. with its registered seat in Poznań (in this case, the order will be processed after the Seller has sent the Client a confirmation of order acceptance and after the Seller has received information from PayU system that the payment has been made by the Client); | |
| c) | cash on delivery, payment to the Supplier on delivery (in this case, order processing will begin after the Seller has sent the Client a confirmation of order acceptance). | |
| 3. | The Client should make payment for the order in the amount resulting from the concluded Sales Agreement within 7 working days, if he chose the prepayment method. | |
| 4. | If the Customer fails to make the payment within the period referred to in§5 passage 3 of the Terms and Conditions, the Seller sets an additional time limit for the payment and informs the Customer about it on a durable carrier. The information about the additional time period for payment shall also include information that upon ineffective lapse of this period, the Seller shall withdraw from the Sales Agreement. In case of ineffective expiry of the second deadline for payment, the Seller shall send to the Customer, on a durable carrier, a statement of withdrawal from the contract on the basis of Article 491 of the Civil Code. | |
| § 6 Delivery | ||
| 1. | The Seller performs the Delivery on the territory of the Republic of Poland. | |
| 2. | The Seller shall be obliged to deliver the Goods being the subject of the Sales Agreement without any defects. | |
| 3. | The Seller shall post on the Store's website information about the number of working days needed for delivery and order processing. | |
| 4. | Delivery and order processing time indicated on the Store's Website is counted in Business Days according to§5 (2) of the Terms and Conditions. | |
| 5. | The ordered Goods are delivered to the Client by the Supplier to the address indicated in the order form. | |
| 6. | On the day of dispatch of the Goods to the Client, information confirming dispatch by the Seller is sent to the Client's e-mail address. | |
| 7. | The Client is obliged to examine the delivered parcel at the time and in the manner adopted for parcels of a given type. In case of detecting any loss or damage to the parcel, the Client has the right to demand from the employee of the Supplier to write an appropriate protocol. | |
| 8. | The Seller, according to the Client's will, attaches to the parcel being delivered a receipt or a VAT invoice covering the delivered Goods. | |
| In order to receive a VAT invoice, the Client should declare, at the moment of purchase, that he purchases the Goods as an Entrepreneur (taxpayer). Declaration of the above declaration is made by marking the appropriate field in the order form, before sending the order to the Seller. | ||
| 9. | In case of absence of the Client at the address indicated by him when placing the order as the address of delivery, an employee of the Supplier will leave an advice note or will try to contact by phone to determine the time when the Client will be present. If the ordered Goods are sent back to the Online Shop by the Supplier, the Seller shall contact the Client via e-mail or telephone, setting again with the Client the date and cost of the Delivery. | |
| § 7 Warranty | ||
| 1. | The Seller shall ensure Delivery of Goods free from physical and legal defects. The Seller shall be liable to the Client if the Goods have a physical or legal defect (warranty). | |
| 2. | If the Goods have a defect, the Client can: | |
| a) | a) make a declaration to reduce the price or withdraw from the Sales Agreement, unless the Seller shall immediately and without undue inconvenience for the Client replace the defective Goods with Goods free from defects or remove the defect. | |
| This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to satisfy the obligation to replace the Goods with goods free from defects or remove defects. The Client may, instead of the removal of defects proposed by the Seller, request replacement of the Goods for goods free from defects or, instead of replacement of the Goods, request removal of defects, unless bringing the Goods into conformity with the agreement in the way selected by the Client is impossible or requires excessive costs in comparison with the method proposed by the Seller. In the assessment of the excessive costs, the value of the Goods free from defects, type and significance of the defect shall be taken into account, as well as inconvenience to which the Client would be exposed in another way of satisfaction. | ||
| b) | request replacement of the defective Goods with Goods free from defects or removal of defects. The Seller shall be obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without undue inconvenience for the Client. | |
| The Seller may refuse to satisfy the Client's request if bringing the defective Goods into conformity with the Sales Agreement in a manner selected by the Client is impossible or in comparison with other possible ways of bringing them into conformity with the Sales Agreement would require excessive costs. The costs of repair or replacement shall be borne by the Seller. | ||
| 3. | The Customer who exercises rights under the warranty is obliged to deliver defective goods to the address of the Seller. In the case of a Customer who is a Consumer and Entrepreneur with rights of a Consumer, the cost of delivery is covered by the Seller. | |
| 4. | 4. The Seller shall be liable under the warranty if a physical defect is found before the lapse of two years from the release of Goods to the Client. Claim for removal of defects or replacement of the Goods for goods free from defects shall expire after one year, but this period cannot end before the lapse of the period referred to in the first sentence. Within this period the Client can withdraw from the Sales Agreement or make a declaration of price reduction due to defects in the Goods. If the Client demanded replacement of the Goods for defect-free ones or removal of defects, the deadline for withdrawal from the Sales Agreement or making a declaration of price reduction shall commence upon ineffective expiry of the deadline for replacement of the Goods or removal of defects. | |
| 5. | 5. Any complaints related to the Goods or execution of the Sales Agreement, the Client can address in writing to the address of the Seller. | |
| 6. | The Seller shall, within 14 days from the date of request containing the complaint, respond to the complaint of the Goods or complaint related to the performance of the Sales Agreement, reported by the Client. | |
| 7. | The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to the address info@tricolor.pl. In the complaint, the Customer should include a description of the problem. The Seller immediately, but no later than within 14 days, considers the complaint and provides the Customer with an answer. | |
| 8. | The Seller shall not use the out-of-court dispute resolution referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes. | |
| § 8 Withdrawal from the Sales Agreement | ||
| 1. | A Customer who is a Consumer and an Entrepreneur with the rights of a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason. | |
| 2. | The period for withdrawal from the Sales Agreement starts from the moment the Goods are taken possession of by the Consumer, Entrepreneur with rights of the Consumer or a third party indicated by them, other than the carrier. | |
| 3. | A Consumer and an Entrepreneur with Consumer's rights may withdraw from a Sales Agreement by submitting to the Seller a statement of withdrawal. This statement may be submitted, for example, in writing to the address of the Seller, ie: TRICOLOR Sp. z o.o., ul. Kaczeńcowa 14 (81-575), Gdynia, or by e-mail to the Seller's address, i.e.: info@tricolor.pl. The declaration may be made on a form, a specimen of which has been placed by the Seller on the website of the Store at the following address: Withdrawal Form. Sending the declaration before its expiry is sufficient to meet the deadline. | |
| 4. | A Consumer and an Entrepreneur with the rights of a Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal via the form available on the website at Electronic withdrawal form. To keep the deadline it is sufficient to send the statement before its expiry. The Seller shall immediately confirm to the Consumer and Entrepreneur with rights of the Consumer the receipt of the form submitted via the website. | |
| 5. | In the case of withdrawal from the Sales Agreement, it shall be considered as not concluded. | |
| 6. | If the Consumer or Entrepreneur with rights of the Consumer made a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding. | |
| 7. | The Seller is obliged to immediately, no later than within 14 days from the date of receipt of statement of withdrawal from the Sales Agreement by the Consumer or Entrepreneur with rights of the Consumer, to return to him all payments made by him, including the cost of delivery of Goods to the Consumer or Entrepreneur with rights of the Consumer. The Seller may withhold reimbursement of payments received from the Consumer or Entrepreneur with rights of the Consumer until receipt of the Goods back or delivery by the Consumer or Entrepreneur with rights of the Consumer of proof of return of the Goods, whichever event occurs first. | |
| 8. | If the Consumer or Entrepreneur with Consumer's rights exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary way of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with Consumer's rights the additional costs incurred by him. | |
| 9. | 9. The Consumer or Entrepreneur with Consumer's rights is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date of withdrawal from the Sales Agreement. To meet the deadline it is sufficient to send back the Goods to the address of the Seller before the expiry of this period. | |
| 10. | In the case of withdrawal the Customer who is a Consumer or Entrepreneur with rights of a Consumer shall bear only direct costs of return. | |
| 11. | If due to its nature the Goods can not be returned in the normal way by post, the Seller shall inform the Consumer and Entrepreneur with rights of the Consumer about the cost of returning the item on the Shop's Website. | |
| 12. | 12. The Consumer and Entrepreneur with the rights of the Consumer shall be liable for diminished value of the Goods resulting from using them in a way beyond that necessary to ascertain the nature, characteristics and functioning of the Goods. | |
| 13. | 13. The Seller shall refund the payment using the same method of payment as the Consumer or Entrepreneur with the rights of the Consumer unless the Consumer or Entrepreneur with the rights of the Consumer expressly agreed to another way of return, which does not involve any costs for him. | |
| 14. | 14. The right of withdrawal from the sales contract does not apply to the Consumer and Entrepreneur with rights of the Consumer with respect to contracts in which the Goods is a thing that deteriorates quickly or has a short shelf life. | |
| 15. | 15. Right of withdrawal from the sales contract does not apply to the Consumer and Entrepreneur with rights of the Consumer in relation to the contracts, in which the Goods is the thing supplied in a sealed package that can not be returned after opening the package for health care or hygiene reasons, if the package has been opened after delivery. | |
| § 9 Free services | ||
| 1. | Seller provides to customers, by electronic means, free services: | |
| a) | Contact form; | |
| b) | Newsletter; | |
| c) | Recommend to a friend; | |
| d) | Maintaining the Customer Account; | |
| e) | Product inquiry; | |
| f) | Posting reviews. | |
| 2. | The services indicated in§9 section 1 above are provided 7 days a week, 24 hours a day. | |
| 3. | 3. The Seller reserves the right to choose and change the type, form, time and manner of access to selected listed services, of which he will inform the Customers in a manner appropriate for amending the Terms and Conditions. | |
| 4. | Contact Form service consists of sending a message to the Seller using a form on the Store's website. | |
| 5. | Resignation from the service free of charge Contact Form, is possible at any time and consists in ceasing to send inquiries to the Seller. | |
| 6. | The Newsletter service can be used by any Customer who will enter their e-mail address, using the registration form provided by the Seller on the Store's website. After submitting a completed registration form, the Customer shall immediately receive an activation link via email to the email address indicated in the registration form in order to confirm subscription to the Newsletter. Upon activation of the link by the Customer, an agreement on Newsletter service provision by electronic means shall be entered into. | |
| The Customer may additionally, during the Registration process, tick an appropriate box in the Registration form in order to subscribe for the Newsletter service. | ||
| 7. | The Newsletter service consists in sending by the Seller, to an email address, an email message containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Clients who subscribed to it. | |
| 8. | Each Newsletter addressed to given Customers shall include in particular: information about the sender, filled in "subject" field, defining the content of the message and information about the possibility and manner of resignation from the free Newsletter service. | |
| 9. | The Customer may, at any time, resign from the Newsletter subscription service by unsubscribing via a link in each email sent under the Newsletter service or by deactivating the relevant field in the Customer Account. | |
| 10. | The free Refer a Friend service consists in enabling the Seller to enable the Clients to send an electronic message to a friend, concerning selected Goods. Before sending the message, the Client defines the Goods to be recommended, and then, through the "Recommend to a Friend" function, fills in the form, providing his/her e-mail address and the e-mail address of the friend to whom he/she wants to recommend the chosen Goods. The Client can not use this service for any other purpose than to recommend the selected Goods. The Customer does not receive any remuneration or any other type of benefit for using the service. | |
| 11. | Resignation from the gratuitous service Refer a friend, is possible at any time and consists in ceasing to send recommendations of selected Goods to the Client's friends. | |
| 12. | Ask for product service, consists in sending a message to the Seller using a form placed on the Store's website. | |
| 13. | Resignation from the free of charge Ask for product service is possible at any time and consists in ceasing to send questions to the Seller. | |
| 14. | 14. Customer Account service is available after registration on the terms described in the Terms and Conditions and consists of a dedicated panel on the Store's website, allowing the Customer to modify the data provided during registration, as well as to track the status of orders and history of orders already completed. | |
| 15. | A Customer who has made a Registration can report to the Seller a request to remove a Customer Account, and in the case of a request to remove a Customer Account by the Seller, it can be removed within 14 days of the request. | |
| 16. | Opinion posting service is to enable the Seller, the Clients who have a Customer Account to publish on the Store's website individual and subjective statements of the Client concerning in particular the Goods. | |
| 17. | Resignation from the service posting opinions is possible at any time and consists in the cessation of posting content by the Client on the Store's Website. | |
| 18. | Seller is entitled to block access to a Customer Account and free services, if the Customer acts to the detriment of the Seller, ie. 18. The Seller has the right to block access to the Client's Account and free services, if the Client acts to the detriment of other Clients, i.e. advertising another business or product; activity consisting in posting content that is not related to the activities of the Seller; activity consisting in posting false or misleading content, as well as in the case of acting by the Client to the detriment of other Clients, violation by the Client of the law or provisions of the Terms and Conditions, and also when blocking access to the Client's Account and free services is justified by security reasons - in particular: breaking the security of the Store's Website by the Customer or other hacking activities. Blocking access to a Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue which constitutes the basis for blocking access to a Customer Account and free services. The Seller shall notify the Client about blocking access to the Client Account and free services by e-mail to the address provided by the Client in the registration form. | |
| § 10 Liability of the Client with regard to the content posted by the Client | ||
| 1. | By posting content and making it available, the Customer voluntarily distributes the content. The posted content does not express the views of the Seller and should not be identified with his business. The Seller is not a content provider, but only an entity that provides the relevant data communications resources for this purpose. | |
| 2. | The Customer declares that: | |
| a) | is entitled to use the author's economic rights, industrial property rights and/or related rights to - respectively - works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights, which comprise the content; | |
| b) | personal data, images and information concerning third parties have been included and made available as part of the services referred to in§9 of the Regulations in a legal and voluntary manner and with the consent of the persons concerned; | |
| c) | agrees to review the published content by other Clients and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations; | |
| d) | consents to the development of works within the meaning of the Act on Copyright and Related Rights. | |
| 3. | The Client is not entitled to: | |
| a) | upload personal data of third parties and disseminate images of third parties without the required legal permission or consent of the third party, when using the services referred to in§9 of the Regulations; | |
| b) | posting, as part of the use of the services referred to in§9 of the Regulations, any content of an advertising and/or promotional nature. | |
| 4. | The Seller shall be liable for the content posted by Clients on condition that he receives notification in accordance with§11 of the Terms and Conditions. | |
| 5. | It is forbidden for the Customers, while using the services referred to in§9 of the Regulations, to place content that could, in particular: | |
| a) | a) be posted in bad faith, e.g. with the intention to infringe personal rights of third parties; | |
| b) | violate any rights of third parties, including those related to copyright protection and related rights, industrial property rights protection, business secrets or confidentiality obligations; | |
| c) | be offensive or constitute a threat directed to other persons, contain vocabulary violating good morals (e.g. through the use of vulgarisms or expressions commonly regarded as offensive); | |
| d) | conflict with the interests of the Seller, i.e. content that constitutes advertising materials of another entrepreneur or product; content not related to the activities of the Seller; false or misleading content; | |
| e) | violate in any other way the provisions of these Terms and Conditions, good manners, provisions of applicable law, social norms or customs. | |
| 6. | In the event of receipt of a notification pursuant to§11 of the Terms and Conditions, the Seller reserves the right to modify or remove any content posted by Clients within the framework of their use of the services referred to in§9 of the Terms and Conditions, in particular with respect to content which, based on reports from third parties or relevant authorities, has been found to violate these Terms and Conditions or applicable provisions of law. The Seller does not conduct ongoing monitoring of the posted content. | |
| 7. | The Customer agrees to free use by the Seller of the content placed by him on the Store website. | |
| § 11 Notification of threat or violation of rights | ||
| 1. | If a Customer or another person or entity finds that the content published on the Store's Website violates their rights, personal interests, decency, feelings, morality, beliefs, principles of fair competition, know-how, secrets protected by law or under an obligation, may notify the Seller of the potential violation. | |
| 2. | 2. Seller notified of a potential violation, takes immediate action to remove from the Store website, the content causing the violation. | |
| § 12 Personal data protection | ||
| 1. | Rules for the protection of Personal Data are contained in the Privacy Policy. | |
| § 13 Contract termination (not applicable to Sales Agreements) | ||
| 1. | Both the Customer and the Seller can terminate the contract for the provision of services by electronic means at any time and without giving reasons, subject to maintaining the rights acquired by the other party before termination of the above contract and the provisions below. | |
| 2. | A Customer who has made the Registration terminates the contract for the provision of services by electronic means, by sending to the Seller an appropriate statement of intent, using any means of remote communication, allowing the Seller to read the declaration of intent of the Customer. | |
| 3. | 3. The Seller terminates the agreement for the provision of services electronically by sending to the Client an appropriate statement of intent to the e-mail address provided by the Client during Registration. | |
| § 14 Final provisions | ||
| 1. | The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients who are Entrepreneurs, the Seller is liable only in the case of intentional damage and within the limits of losses actually incurred by the Customer who is an Entrepreneur. | |
| 2. | The content of these Terms and Conditions can be recorded by printing, saving on a carrier or downloading at any time from the website of the Store. | |
| 3. | In case of a dispute arising under the Sales Agreement, the parties will seek to resolve the matter amicably. The governing law for any dispute arising under these Terms and Conditions is Polish law. | |
| 4. | The Seller shall inform the Customer who is the Consumer about the possibility of using out-of-court procedures for handling complaints and asserting claims. The rules of access to these procedures are available at the offices or websites of entities authorized to out-of-court dispute resolution. They may be in particular consumer ombudsmen or Provincial Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that at the address http://ec.europa.eu/consumers/odr/ there is a platform of online dispute resolution between consumers and businesses at EU level (ODR platform). |
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| 5. | The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for execution before the date of entry into force of the new Terms and Conditions are implemented on the basis of the Terms and Conditions, which were in force on the date of order placement by the Customer. The change of the Terms and Conditions comes into force within 7 days from the date of publication on the Store's website. The Seller shall inform the Customer, 7 days before the new Regulations come into force, about the change of the Regulations by an e-mail message containing a link to the text of the changed Regulations. If the Customer does not accept the new content of the Terms and Conditions they are obliged to inform the Seller about it, which results in termination of the contract in accordance with the provisions of §13 of the Terms and Conditions. | |
| 6. | The Terms and Conditions come into force on 01.01.2021. |