- TheWebsiteis ownedby AgataWojtczak whorunseconomic activityundernameNeverGive Up! AgataWojtczak seated in Poznań, Poland (61-147), Os. Piastowskie 10/20, enteredinto the Business Activity Central Register and Information Record kept by the Ministerof Economy, NIP(tax identification number): 9671222399, Regon (national business registry number): 302576700, hereinafter referred to as BrainInside. Agata Wojtczak is also the Personal Information Administrator.
- BrainInside acts with utmost care in order to ensure privacy of Users who visit the Website.
1 How do we collect data?
- BrainInside collects data onindividualswhoruneconomic or professional activity ontheir own behalf (hereinafter referred to as theEntrepreneurs), anddataon individuals whoperformlegal actions that are not directly related to their activity.
- Users’ personal data are collected for the registration ofthe user in theWebsite by settingupuseraccountsandwhen usermake asingle purchasewithout having tosetup theaccount in the Website.
- In case ofuser account registration inthe Website, user gives only your e-mail address and password to the access to the account in the Website. If the user wants to make a purchase will be asked to complete their data:
a) name and surname;
b) Address (street, housenumber/apartment,postal code and city);
c) phone Number;
- In the case ofEntrepreneurs above the datarange isfurther extended bythe company name and its Business These data can be independently changed by the user after logging in to the account. In the case of asingle order in theWebsite, thescope of data necessary to identify the User is the same. User provide the following information:
b) name and surname;
c) Address (street, housenumber/apartment,postal code and city);
d) phone Number;
e) In the case ofEntrepreneurs above the datarange isfurther extended bythe company name and its Business
- During the WebsitebrowsingBrainInside is collectingadditional information (IPaddressassignedto your computer or externalIP address ofyour ISP’s, domain name,browser type, time ofaccess, the type of operating system).
- Moreover, also Navigational Data may be collected from the Users, including information on links and hyperlinks that they decide to click orother activities performed at our Website.
2 How do we use collected data?
- In case of Account registration at the Website, the data ofthe Users are used for creation ofUser’sindividualaccount and its management. In case of purchase in the store personal data may be transferred to:
- a) The courier company;
- b) ThePolishPost(PocztaPolskaA.) seatedin theWarsaw, Poland.
- If aUser selectsapaymentfor orderedpaidservicesthrough przelewy24.pl system, User’s personal datashall be transferred to DialCom24 Sp.z o.o. company seated in Poznan, Poland in the scope necessary foraccomplishment of an Agreement.
- Navigational Data may be used to provide better services for Users, perform analyses ofstatistical data and adjust the Website to Users’ preferences and to administer with the Website.
3 Cookies mechanism, IP address
- TheWebsite usessmall files called cookies. They arerecordedby BrainInside Websiteon a computer ofavisitor totheWebsite, if aweb browser allows so.Cookie file usually containsanameof domain,whereit comesfrom, itsexpiry timeandanindividual random number thatidentifies such file. Information collectedby meansof suchtypeof files allow toadjustservicesofferedby BrainInside to individual preferences and actual needs ofvisitors at theWebsite. It givesalsoanopportunity towork outgeneral statistics of hits into information presented at the Website.
- BrainInside uses two types of cookie files:
>a) Session cookie: recorded information isdeletedfrom memory ofa device after an end ofa session ofa given web browser or after a computer isturnedSession cookie mechanism does not allowforcollection ofanypersonaldata and other confidential information from User’s computer.
b) Persistent cookie: they are kept on User’s hard disk drive until they arePersistent cookie mechanism allows fordata storage with your consent only (expressed forinstance when you select option “remember me” when you login).Innocase such files are recoded permanently.
- BrainInside uses its own cookies to:
a) authentication in the Website and to ensure the user session in the Website (after logging in),through which the user does not have onevery page to retype your login and password;
b) analyzes and surveys and audits audience, and in particular to create anonymousstatistics that helptounderstand how customers use the Website, which allows improvement oftheir structure and content
- BrainInside uses external cookies to:
a) popularisethewebsitethroughsocial networking service com (administrator of external cookies: Facebook Inc seated in the US orFacebook Ireland seated in Ireland).
b) presenting of Certificate Reliable Regulations through the Service pl (external cookiesadministrator B2B Consulting Sp.z o.o. with its seat in Warsaw).
- The cookie mechanism issafe forcomputers ofthe Website’s Users. Inparticular this way does not give a possibility forviruses orother unwanted ormalicious software to enter your computers. Still,Users have an option in their web browsers to limit orswitch off the access of cookie files to their computers. If you use this option, you may still use the Website except functions that due to their nature require cookies.
- BrainInside may collect yourIPaddress. IPaddress is anumber assigned to the computer of a website visitor byyour ISP.IP number allows you to access the Internet. Inmost cases, the computer is assigned dynamically, ieitchanges every time you connect to the Internet andthereforeis widely regardedasanon-personally identifying information. TheIP address is used byBrainInside in diagnosing technical problems with the server, creating a statistical analysis(egdeterminingregionsfromwhich we notethemost visits), as information useful inadministering and improving the Website, as wellasforsecuritypurposes and the possible identification ofaggravating server unwanted automatic programs forviewing Website content.
4 Access to data
- Onauthorisedemployees of BrainInside haveaccesstopersonal information collected bythe Website.
- Your information may be also made available to entities authorised to receive itbyapplicable legal provisions, inparticular competent lawenforcement agencies and entities listed inclause“How dowe use collected data?”.
- BrainInside providesthe Userswhohave their accounts with uninterrupted access totheirdata andapossibility oftheir modification any time. Inorder to modify data, a User should logto his/her Account at the Website. AUser has a possibility to delete his/her data from a data set in case of a termination of an agreement on renderedelectronicservices.BrainInside may reject to delete data ofa User who breached binding Regulation ofthe Website and maintenance ofsuch data isnecessary forexplanation ofsuch circumstances and determination of liability, inparticular inorder to assert claims against given User.
- In case ofsubscription ofthe newsletter, you have a possibility to delete your e-mail address from the mailing listthrough selection of a respective function after you login to your Account at the Website.
5 Protection devices
- BrainInside uses protection devices that ensure protection of personal information againstitsloss, unauthorised useand modification. BrainInside undertakesto protectallyour datain compliance with the norms of security protection and confidentiality.
Personal information in BrainInside isprotected incompliancewith the Actonpersonal data protection of 29 August 1997 (consolidated text inJournal of Laws of 2002 no101 item 926, as amended) inthe way preventing from access of third parties.
If a User who has an account at the Website has lost his/her access password, the Website makes it possible to generate a new password to anaccountattheWebsite. But theWebsite doesnotsend a reminder of a password. User’s password is stored inthe database inan encrypted form, so itisnot possible to read it.Inorder to generate a new password, a User has to provide an e-mail address in the form available through “Don’t remember password” link,next to the login form to an Account at the Website. A new password will be sent automatically only to an e-mail address provided at the time of registration orsaved during the last modification of a profile.
BrainInside does not send any mails, including e-mails requesting login information, inparticular anaccesscode to User’s Account. Such information isnot disclosed either through traditional mail, e- mail orbyphone.
Date of the last amendment: 07.04.2015.
Terms & Conditions
- The Regulations define the general terms, conditions, rules and form ofsales byAgata Wojtczak, conducting business activity under the company Never Give Up!Agata Wojtczak, based inPoznań, through theonline shopwww.BrainInside.pl(hereinafter referredto as the “Online Shop”) and define the rules and conditions forprovision of free services byelectronic means byAgata Wojtczak, conducting business activityunderthe company Never Give Up! Agata Wojtczak, based in Poznań.
- Consumer– means a natural person making a legal transaction with an entrepreneurnot directly relatedto hisorher business activity orprofession.
- Contract of Sale– means a contract of sale concluded at a distance under the terms ofthe Regulations, byand between the Customer and the Seller.
- Customer– means a person to whom, according to the Regulations and laws, electronic services may be provided or with whom a contract of sale may be concluded.
- Customer Account– means an individual panel for each Customer, established bythe Seller after Customer registration and conclusion of the contract forprovision of the Customer Account service.
- Delivery– means a physical act of providing the Customer bythe Seller, through the Supplier, with Products specified in the order.
- Durable medium– means material or device enabling the Customer orthe Seller to store information addressed personally to them ina manner allowing foraccess to such information forfuture reference for a period oftime adequate for the purposes of information andallowing the unchanged reproduction of the information stored.
- Entrepreneur– means any natural person, legal person or organisational unit not being a legal person, having legal capacity by virtue ofthelaw, running inhis/her/its own namebusinessor pursuing the profession.
- Login– means individual Customer identification, established by the Customer, consisting ofa sequence ofletters, digits orother characters,requiredtogetherwiththePasswordtoestablish a Customer Account intheOnline Shop. Login isa relevant e-mail address of the Customer.
- Password– means a sequence of letters, digits, or other characters selected bythe Customer during Registration intheOnline Shop, used to secure access to Customer Account in the Online Shop.
- Product– means a product presented by the Seller viathe Shop Website which can be a subject of the Contract of Sale.
- Registration– means a physical act made in the manner prescribed inthe Regulations, as required foruse bythe Customer of all the functionalities of the Online Shop.
- Regulations – mean these regulations.
- Seller– meansAgataWojtczak runningabusiness under the company Never Give Up! Agata Wojtczak, based in Warsaw (61-147),Os.Piastowskie10/20,taxidentificationnumber(NIP): 9671222399, NationalBusiness Registry Number (REGON): 302576700, enteredintheCentral Register andInformation on BusinessActivity keptbytheMinistry ofEconomy; e-mail: firstname.lastname@example.org, who is also an owner of the Online Shop.
- Shop Website– means web pages, under which the Seller runs the Online Shop, operating in the www.BrainInside.pl domain.
- Supplier– means a company with which the Seller cooperates in Delivery of Products:
a) courier company;
b) Polish Post (Poczta Polska A.)based in Warsaw.
- Working days– mean weekdays from Monday to Friday excluding public holidays.
2 General provisions and use of the Online Shop
- AllrightstotheOnline Shop,including copyrights,intellectual property rights to its name, Internet domain, Shop Website, as well as patterns, forms, logos belong to the Seller, and may be used only as specified in and in accordance with the Regulations.
- TheSeller applies amechanism of”cookies”,which-when the Customers use the Shop Website – are stored bythe Seller’s server ona hard disk of Customer’s terminal device. Theuse of “cookies” is aimed to ensure correct operation ofthe Shop Website at Customer ‘s terminal devices. Thismechanism does not destroy the Customer’s terminal device and does not change configuration of the Customer’s terminal devices orsoftware installed thereon. Each Customer can turn offthe “cookies” inthe browser ofhis/her terminal device. The Sellerinforms,however,thatexclusionof”cookies” may cause inconvenience orprevent the use of the Shop Website.
- To place an order inthe Online Shop viathe Shop Website and to takeadvantageofServices available attheShop Website, the Customer must have an active e-mail account.
- TheCustomer isprohibited to input illegal content and to use the Online Shop, the Shop Website orfree services provided bythe Seller ina manner contrary to law, good practices orviolating personal rights of third parties.
- The Seller represents that the public nature ofthe Internet and the use ofelectronicservicesmaybeassociatedwiththerisk of obtaining and modifying Customers databyunauthorised persons, therefore the Customers should use appropriate technical measures to minimise the above mentioned risks. In particular, they should use anti-virus programmesandprogrammesprotectingidentityof Internet users. TheSeller shall never ask the Customer to provide him with access to the password in any form.
- To createaCustomer Account, theCustomer must make afree Registration.
- TheRegistration isnot necessary to place an order intheOnline Shop.
- In order to register, the Customer must complete the registration form providedbythe Seller at the Shop Website and forward the completed form bye-mail to the Seller, byselecting an appropriate function contained inthe registration form. During the Registration the Customer shall establish an individual Password.
- While fillingouttheregistration form theCustomer isgiven the opportunity to read the Regulations, accepting the contents thereof bymarking a relevant field in the form.
- During Registration the Customer may at his/her own discretion give consent to the processing ofhis/her personal dataformarketing purposes bymarking a relevant field inthe registration form. In this case, the Seller shall clearly indicate the purpose ofcollecting Customer’s personal data, as wellas datarecipients, known to or expected bythe Seller.
- TheCustomer’s consent to the processing ofhis/her personal data formarketing purposes shall not condition the conclusion with the Seller of a contract forthe provision of Customer Account service by electronic means. Theconsent may be revoked at any time byfiling a relevant statement bythe Customer. Such statement may be sent to the Seller’s address, forexample, bye-mail.
- After submitting a completed registration form, the Customer shall promptly receive, to the e-mail address provided on the registration form,RegistrationconfirmationbytheSeller. Atthattime the contractisconcludedfortheprovision oftheCustomer Account service byelectronic means, and the Customer shall get access to Customer Account andtheright tomakechangesindatagiven during the registration, with the exception of the Login.
- Information included in the Shop Website shall not constitute the Seller’soffer within themeaningofthe CivilCode, and only an invitation forthe Customers to submit offers forconclusion ofthe Contract of Sale.
- TheCustomer may place orders intheOnline shop viatheShop Website ona 24-hour/7-day-a-week basis.
- TheCustomer placing an order viathe Shop Website compiles the order byselecting the desired Products. TheProducts are added to theorder byselecting theADDTOCARTbuttonunderagiven Product presentedonthe Shop Website. After compiling the whole order and identifying in the “CART” the manner of Delivery and form ofpayment, the Customer shall place the order bysending an order form to theSeller, byselecting onthe Shop Website the “ORDER AND PAY” button. Each time before sending the order to the Seller the Customer isinformed about the total price forselected Products and Delivery, as wellas about any additional costs the Customer is obliged to incur under the Contract of Sale.
- The Customer may place an individual order, inwhich the Products willbe made according to the Customer’s specification orwillserve to satisfy the Customer’s individualised needs. Forthis purpose the Customer, when compiling an initial order, may select the model of Productsinwhich theCustomerisinterestedfrom theProducts presentedby theSelleron theShopWebsite,specifying their propertiesor providing characteristics strictly relatedtothe Customer, in particular: color, size, length of Product. After compiling theinitial order theCustomer shall sendane-mail totheSeller asking forthe price to the e-mail address provided bythe Seller. By sending the e-mail to the Seller the Customer submits an enquiry about free design covering the initial order.
- After receipt of the initial order the Seller shall send to the Customer the design of the Products in the form of a graphic file in accordance with the initial order viae-mail, specifying possible forms of payment and Delivery. TheCustomer may accept orreject the sent design by sending an e-mail to the Seller, specifying the selectedmethod of Delivery and form ofpayment. Inthis way the Customer places an order. Each time before sending the order to the Seller, the total price of selected Products and the total cost of the chosen method of Delivery shall be specified.
- Placing an order means an offer ofthe Customer to the Seller to enter into a Contract of Sale of Products covered bythe order.
- After the order is placed, the Seller shall send order confirmation to the e-mail address provided bythe Customer.
- After confirmation of the order, the Seller shall send information on acceptance of the order forexecution to the e-mail address provided bytheCustomer. Information aboutacceptanceoftheorderfor execution constitutes a statement ofthe Seller about acceptanceof the offer referred to in§4ust. 7 above and upon receipt thereof by the Customer the Contract of Sale is concluded.
- After conclusion of the Contract ofSale, the Seller confirms to the Customer thetermsandconditions thereofbysendingthemon a durable medium to the Customer’s e-mail address orinwriting to the address provided bytheCustomer upon Registration orwhile placing the order.
- Prices on the Shop Website presented next to a given Product are gross prices and donot include information regarding the costs of Delivery and any other costs which the Customer willbe obliged to pay under the Contract ofSale, about which the Customer willbe informed when selecting the method of Delivery and upon placing an order.
- TheCustomermaychoosethefollowing formsofpaymentfor ordered Products:
- a) bank transfertothe Seller’sbankaccount(in suchcase execution ofthe order willbe initiated after the Seller sends to the Customer confirmation ofacceptance ofthe order and once the money is credited to the Seller’s bank account);
- b) bank transfer viaanexternalpaymentsystempl, operated byDialCom24 Sp.zo.o. based inPoznań (inthis case order fulfilment shall start after the Customer ends the ordering process in the Online Shop and after an information onsuccessful completion ofthe payment isreceived from theprzelewy24.pl system);
- c) payment card viaanexternal paymentsystempl, operated byDialCom24 Sp.zo.o. based inPoznań (inthis case order fulfilment shall start after the Customer ends the ordering process in the Online Shop and after an information onsuccessful completion ofthe payment isreceived from theprzelewy24.pl system);
- d) cash on delivery, payment to the Supplier upon Delivery (inthis case execution of the order will be initiated after the Seller sends to the Customer a confirmation of acceptance of the order).
- TheCustomer shall be informed bythe Seller onthe Shop Website about the deadline within which the Customer is obliged to make the payment forthe order inthe amount resulting from the concluded Contract of Sale.
- If theCustomer fails tomakethepaymentwithin thedeadline referred to in Article 5.3, the Seller shall indicate forthe Customer an additional deadlineformaking the payment and shall inform the Customer aboutsuchdeadlineonaDurableMedium.The information aboutanadditional deadline formaking the payment shall also include information thatafterineffective expiry ofsuch deadline the Seller shall rescind the Contract of Sale. In the event of ineffective expiry of the second deadline formaking the payment the Seller shall send to the Customer ona Durable Medium a statement onrescission of the contract pursuant to Article 491 of the Civil Code.
- The Seller shall execute the Delivery on the territory of the Rzeczypospolitej Polskiej.
- TheSeller shall deliver the Products constituting the subject ofthe Contract without defects.
- TheSeller shall publish attheShop Website information onthe number ofWorking Days neededto executetheDelivery and fulfil the order.
- The deadline forDelivery and execution of the order specified ontheshop Website shall be calculated in Working Days in accordance with 5 ust. 2.
- The deadline forDelivery and execution of the order specified onthe Shop Website shall be calculated in Working Days as from the day of conclusion ofthe Contract ofSale inthe event the Customer selects the payment option “cash ondelivery”.
- Ordered Products shall be delivered to the Customer through the Supplier, to the address indicated in the order form.
- Onthe day ofProducts dispatch to theCustomer theSeller shall confirm the shipment bye-mail to the Customer.
- TheCustomer mustexamine thedelivered Product incustomary time and manner forshipments ofthat type inthe presence ofthe Supplier’s employee.Intheeventofdiscoveryofshortageor damage relating to the shipment the Customer shall be entitled to demand from the Supplier’s employee to draw up a relevant report.
- TheSellerisrequired to attach to the shipped Products, atthe discretion ofthe Customer, a billofsale orVAT invoice covering the delivered Products.
- In the event of absence of the Customer at the address specified by the Customer upon placing the order as the address ofDelivery, the Supplier’s employee shall leave an advice note orshall attempt to contact theCustomer by phonetoagreethetimewhen the Customer willbe present. If the ordered Product isreturned to the Online Shop bythe Supplier, the Seller shall contact the Customer by e-mail orphone to set again the time and cost of the Delivery.
7 Implied Warranty
- TheSeller ensuresDelivery ofProducts free ofphysical and legal defects.The SellershallbeliabletowardstheCustomerifthe Products have physical orlegal defects (implied warranty).
- If the Product is defective, the Customer may:
a) submit a statement on reduction ofthe price orrescission ofthe Contract ofSale, unless the Seller immediately and without excessive inconvenience forthe Customer replaces the defective Product with a non-defective one orremoves the Thislimitation shall not apply ifthe Product has already been replaced orrepaired bythe Seller orif theSeller failed to fulfil the obligation to replace the Product with a non-defective one or to remove the defect. TheCustomer may demand replacement of the Product with a non-defective one instead of removal of the defect proposed bythe Seller ordemand removal ofthe defect instead of replacement of the Product, unless making the Product compliant with the contract in a manner chosen bythe Customer isimpossible orwould require excessive costs as compared to the manner proposed bythe Seller. When assessing if the costs areexcessiveoneshall takeintoaccountthevalueofthe Product free from defects, the type and importance ofthe discovered defect, as wellas inconvenience to be experienced by the Customer inthe event ofother manner ofsatisfaction ofthe claim.
b) demand replacementofthedefectiveProductwithanon- defective one orremoval of TheSeller shall replace the defective Product with a non-defective one orremove the defect within reasonabletime without excessive inconvenience forthe Customer.
- TheSeller may refuse to fulfilthe Customer’s demand if making the defective Product compliant with the Contract ofSale inthe manner selected bythe Customer isimpossible orwould require excessive costs ascompared to theother possible manner of making the Product compliant with the Contract of Sale. Thecost of repair orreplacement shall be incurred bythe Seller.
- The Customer exercising the rights under the implied warranty shall deliver the defective product to the Seller’s address. If the Customer is a Consumer the delivery cost shall be incurred bythe Seller.
- TheSeller shall be liable under theimplied warranty ifa physical defectisdiscovered before two yearspasssincereleaseofthe Product totheCustomer.The claimfor removalofdefector replacement ofthe Product with a non-defective one shall be barred bythe statute oflimitations after one year, however such time-limit may not end before thetime-limit specified inthe first sentence. Within this time-limit the Customer may rescind the Contract of Sale orsubmit a statement onreduction ofthe price due to defect ofthe Product. If the Customer demanded replacement ofthe Product with anon-defective one orremovalofthedefect,thetime-limit for rescission ofthe Contract ofSale orsubmission ofthe statement on reduction ofthe price shall startrunning upon ineffective expiry of thetime-limit forreplacementoftheProduct orremovalofthe defect.
- AnycomplaintsrelatedtotheProducts orperformanceofthe Contract of Sale may be submitted bythe Customer in writing to the Seller’s address.
- The Seller shall within 14 days from the date ofdemand containing thecomplaintexpressopinion on thecomplaint regarding the Product orperformance ofthe Contract ofSale submittedbythe Customer.
- The Customer may filea complaint to the Seller inconnection with free electronic services provided bythe Seller. Thecomplaint may be sent inelectronic form to email@example.com. Inthe complaint the Customer shall include description of the problem. The Seller shall immediately, however notlaterthanwithin 14days consider the complaint and answer the Customer.
- Products sold by the Seller may be covered bya guarantee granted bythe producer ordistributor of the Products.
- InthecaseofProductscoveredbytheguaranteeinformation regarding the existence and content of the guarantee shall be always presented onthe Shop Website.
10 Rescission of the Contract of Sale
- The Customer being a Consumer who concluded the Contract of Sale may within 14 days rescind the Contract ofSale without giving any reasons.
- Thetime-limitforrescissionoftheContract ofSale shall start running as from the moment the Customer takes the possession of the Product. Thestatementmay be submitted ontheform whose templateis providedbytheSeller ontheShop Website under theaddress: Rescission form. Inorder to comply with this time-limit, itisenough to send a statement before the lapse thereof. The CustomermayrescindtheContractofSalebysubmitting astatement onrescissionviatheform madeavailableonthe website under theaddress:Electronic Rescissionform. Inorder to comply with this time-limit, itisenough to send a statement before the lapse thereof.The Seller shall immediately confirm to the Customer the receipt of the form submitted viathe website. In case ofrescission ofthe Contract ofSale the contract shall be treated as if it had never been concluded.
- If the Customer submits the statement on rescission ofthe Contract ofSale before theSeller acceptstheCustomer’s offer, theoffer ceases to be binding.
- The Seller shall immediately, not later than within 14 days from the date ofreceipt ofthe Customer’s statementonrescission ofthe Contract ofSale, return to the Customer allpayments made bythe Customer, including thecostsofdeliveryoftheProduct to the Customer. TheSeller may withhold reimbursementofthe amounts paid bythe Customer until receipt of the returned Product ordelivery bythe Customer of a proof of sending the Product, whichever occurs earlier.
- If the Customer exercising the right of rescission selects the method ofdelivery ofthe Product other than the cheapest ordinary Delivery methodoffered bytheSeller, theSeller shall not beobliged to reimburse to the Customer the additional costs incurred bythe Customer.
- TheCustomer shall returntheProduct to theSeller immediately, however not later than within 14 days from the date ofrescission of the Contract ofSale. Toabide bythe deadline itisenough to send the Product to the Seller’s address before expiry of such deadline.
- In the event ofrescission the Customer shall only incur the direct costs of returning the Product.
- If due to its nature the Product cannot be sent back by traditional mail, theSellershallinform theCustomeraboutthecostsof returning such Product onthe Shop Website.
- The Customer shall bearliability fordecrease ofthe value ofthe Product as a result ofuse thereof ina manner outside the manner necessary to determine the nature, features and functioning ofthe Product.
- The Seller shall reimburse the payment using the same method of payment as the one used bythe Customer, unless the Customer expressly agrees to other method ofreimbursement which does not entail any costs forthe Customer.
- The righttorescindtheContract ofSaleisnotvestedinthe Customer being aConsumer asregards contracts inthecaseof which theProductis anon-prefabricated goodmadetothe Consumer’s specificationsorservingtosatisfytheConsumer’s individualised needs.
11 Free Services
- The Seller renders the following free electronic services to Customers:
a) Contact Form;
b) Customer Account service;
- Services specified in §11ust. 1 above shall be provided 24 hours a day, 7 days a week.
- TheSeller reserves the right to choose and change the type, form, time and method ofproviding access to some ofthese services, and shall inform the Customer thereof in a manner appropriate to amend the Regulations.
- Theservice: Contract Form consistsinsending a message viathe form available at the Shop Website to the Seller.
- It ispossible to unsubscribe from the free service Contact Form at any time bydiscontinuing sending enquiries to the Seller.
- TheNewsletter service shall beavailable to everyCustomer who entershis/her e-mail addressbymeansoftheregistrationform made available viathe Shop Website bythe Seller. After sending the completed registration form, the Customer shall promptly receive the Seller’s confirmation bye-mail, to the address provided inthe registrationform. Atthat moment the contract fortheprovision of electronic Newsletter services is concluded. TheCustomer may additionally during Registration mark a relevant field inthe registration form inorder to subscribe forthe Newsletter service.
- The Newsletter service consists in sending bythe Seller byelectronic mail ofinformation about new products orservices offered bythe Seller. TheNewsletter shall be sent bythe Seller to allCustomers who have subscribed.
- Every Newsletter addressedtogivenCustomersshallincludein particular: information about thesender,completed field “subject” specifying thecontentandinformation about thepossibility and manner of unsubscribing from the free service Newsletter.
- The Customer may at any time resign of receiving the Newsletter by opting out ofthe subscription using a linkcontained ineach e-mail sent under the Newsletter service, orbyactivating a relevant box in the Customer Account.
- The CustomerAccount serviceisavailableafterRegistrationon terms described inthe Regulations and consists inmaking available to the Customer a dedicated panel within the Shop Website enabling the Customer to modify data provided upon Registration as wellas to track the status of orders and history of already fulfilled orders.
- The Customerwho madeRegistrationmaysubmittotheSeller a request fordeletion oftheCustomer Account , whereasinthe event ofsubmission to theSeller ofa request fordeletion ofthe Customer Account such account may be deleted not later than within 14 days from submission of the demand.
- The service Opinions consists inthe Seller enabling the Customers with the Customer Account to publish onthe Shop Website individual and subjective opinions ofthe Customer inparticular regarding the Products.
- It is possible to unsubscribe from the free service Opinions at any time bydiscontinuing publishing contentsbythe Customer onthe Shop Website.
- The Seller shall be entitled to block access to the Customer Account and to free services in the event the Customer acts to the detriment of theSelleror otherCustomers,breachesthelaw or the Regulations, as wellas if blocking accessto Customer Account and free servicesisjustifiedon groundsofsafety–inparticular: overcoming bythe Customer securities of the Shop Website orother hacking activities. Blocking accessto the Customer Account and free services forthe mentioned reasons shall last fora period necessary to resolve issues giving rise to blocking the access. TheSeller shall notify theCustomer aboutblocking theaccesstotheCustomer Account and free electronic services bye-mail sent to the address provided bythe Customer in the registration form.
12 Customer’s responsibility within the scope of posted contents
- Posting contentandmakingitavailable,theCustomer makes a voluntary dissemination ofcontent.Postedcontentdoesnot express the views ofthe Seller and should not be equatedwith its activities. Seller isnot a content provider, and the only entity that provides forthis purpose appropriate ICT resources.
- A Customer declares that:
a) He/she is entitled to usecopyrights, industrial property rights and/or relatedrightsto–respectively–works,subjectsof industrial property rights (e.g. trademarks) and/or related rights that constitute contents published byhim/her;
b) that personaldata,imagesandinformation relatingtothird partieswerepostedandmadeavailable within thescopeof services referred to in11ust. 1 legally, voluntarily and with the consent of persons to whom they refer;
c) agrees to access to the published content by other Customers and the Seller, as wellas authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
d) He/she agreed on adaptation ofwork within the meaning ofthe Act oncopyrights and related rights.
- The customer is not authorized to:
a) post, in connection with the use of services referred to in 11 ust. 1, personal data of third parties and to distribute images of third parties without a legally required permission orconsent ofthird parties;
b) post, in connection with the use of services referred to in 11 ust. 1, advertising and/or promotional contents.
- The Seller shall be responsible forcontents posted byCustomers on condition that itreceives notification inaccordancewith §13ofthe Regulations.
- In connection with theuseofservices referred to in§11ust. 1, Customers must not post contents that might in particular:
a) Bepublishedinbadfaith, g.with anintention tobreach personal rights of third parties;
b) Violate any rightsofthird parties, including rights relatedto protection of copyrightsandrelatedrights,protectionof industrial propertyrights,tradesecretor relatedtoany confidentiality obligations;
c) be offensive or constitute a threat addressed to other persons, or contain the vocabulary that violates good customs (e.g. byusing vulgar termsorexpressions thatarecommonly regarded as offensive);
d) Be contradictory to the Seller interests;
e) Violate otherprovisionsof theRegulation, goodpractices, applicable legal provisions and social ormoral
- In the case ofreceiving notification inaccordancewith §13ofthe Regulations, theSellerreservestherighttomodify or delete contentspostedbyCustomerswithin thescopeoftheiruseof services referred to in §11ust. 1, particularly with regard to contents which were found to constituteapotentialinfringement ofthese Regulations orapplicable provisions oflawonthe basis ofreports from third parties orrelevant authorities. TheSeller does not control posted contents ona running basis.
- TheCustomer authorisestheSeller tousefreeofcharge the contents posted bythe Customer within the Shop Website.
13 Reporting threats and law contraventions
- If a Customer oranother person orentity believes thatcontents published onthe Webpage violates their rights, personal rights, good practices,feelings,morality, beliefs, faircompetitionrules,know- how, a secret protected bylaworliability, theyshould notify the Seller onsuch alleged violation.
- While having been notified onan alleged violation, the Seller shall undertake activities aimed at deletion ofviolating contentsfrom the
14 Personal data protection
- The Seller shall be a controller of Customer personal data voluntarily provided to the Seller under the Registration, when placing a single order, and within the provision of electronic services bythe Seller or in other circumstances specified in the Regulations.
- The Seller processes the Customers’ personal data forthe purposes of fulfilmentoforders,provisionby theSellerofservicesby electronic meansand other purposes specified inthe Regulations. Data areprocessedonly pursuant to theprovisions oflaworthe consent expressed bytheCustomer inaccordancewith thelegal provisions in force.
- The set ofpersonal data provided to the Seller shall be reported by the Seller to the Inspector General forPersonal Data Protection.
- Personal data delivered to the Seller are submitted freely, provided, however, that non-submission of data set out inthe Regulations in the processofRegistrationshallpreventRegistrationand establishment of the Customer Account and shall prevent submission and fulfilment ofthe Customer order, inthe case ofmaking orders without Registration of the Customer Account.
- Anyone who transfers hisorher personal datato the Seller shall have the right ofaccess to their contents and the right to correct them.
- The Seller shall allow to remove personal data from the data set, in particular if the Customer Account isdeleted. TheSeller may refuse to remove personal dataiftheCustomer fails to pay allamounts owedtotheSeller orviolates applicable law, and keeping the personal datais necessarytoexplainthecircumstancesand determine the liability of the Customer.
- The Seller shall protect the transferred personal data and shall make every effort to secure them against unauthorised access oruse.
- The Seller shall transfer the Customer’s personal data to the Supplier in the scope necessary forexecution of Delivery.
- If theCustomer selectspaymentviatheprzelewy24.pl system, his/her personal data are transferred inthe scope necessary for execution ofpaymentto DialCom24 Sp.zo.o. with its registered office inPoznań (60-327 Poznań, ul.Kanclerska 15) enteredinto the RegisterofEntrepreneurskeptbyDistrictCourtPoznań-Nowe Miasto and Wilda inPoznań, 8th Commercial Division ofthe National Court Register under the no. KRS: 0000306513.
15 Termination of the contract (not applicable to Contracts of Sale)
- Both the Customer and the Seller may terminate the contract for the provisionofelectronicservicesatanytimeandwithout giving reasons, subject to the preservation ofrights acquired bythe other Party before termination of the above mentioned agreement and the provisions below.
- TheCustomer who has registered,may terminatethe contract for theprovision ofelectronicservicesbydemanding theSeller to removetheCustomerAccount,usinganymeansof distance communication, allowingtheSeller togetacquainted with the Customer’s declaration of intent.
- The Seller may terminate the contract forthe provision ofelectronic services bysending to the Customer an appropriate declaration of intent tothee-mail addressprovided bytheCustomerduring Registration.
16 Final provisions
- TheSellershallbeliablefor non-performanceor improper performanceofthecontract,butinthecaseofcontractswith Customers being Entrepreneurs the Seller shall be liable only for deliberatedamageand within limits oflossesactually incurred by the Customer being the Entrepreneur.
- The contents of these Regulations may be recorded bybeing printed, copied to a storage device ordownloaded at any time from the Shop Website.
- In the event ofa dispute related to the concluded Contract ofSale, the parties shall seek to resolve the matter amicably. ThePolish law shall be applicable to settlement of any disputes arising under these Regulations.
- Every Customermayusenon-judicial complaintandredress mechanisms. TheCustomer may use mediation in this scope.
- The Seller reserves the right to amend these Regulations. All orders accepted by theSellerpriortoentryintoforceofthenew Regulations shall be delivered based onthe Regulations inforce at the date ofplacing the order bythe Customer. Theamended Regulations shall enterinto force within 7 daysfrom thedateof publication thereof onthe Shop Website. TheSeller shall inform the Customer 7daysbeforeentryinto force ofthenew Regulations about the amendment to the Regulations byemail including a linkto the contents ofthe amended Regulations. If the Customer does not acceptthenew contentsoftheRegulations, theCustomer shall notify the Seller about this fact, which shall result interminationof the contract in accordance with the provisions of article §15.
The Regulations shall enter into forceon 07.04.2015.