TERMS AND CONDITIONS OF THE ONLINE STORE
1. These Terms and Conditions set out the general conditions, rules and method of sale conducted by JGD ATTACK Łukasz Malikowski company based in Kościan, via the online store www.jgdattack.eu, jgdattack.pl, jgdattack.com (hereinafter: the "Online Store") and defines the terms and conditions for the provision of free electronic services by JGD ATTACK Łukasz Malikowski based in Kościan.
§ 1 Definitions
1. Working days - means days of the week from Monday to Friday, excluding public holidays.
2. Delivery - means the actual act of delivering the Goods specified in the order to the Customer by the Seller, via the Supplier.
3. Supplier - means a courier company that the Seller cooperates with in the scope of Goods Delivery.
4. Password - means a string of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Customer - means an entity for which services may be provided electronically or with which a Sales Agreement may be concluded in accordance with the Terms and Conditions and legal regulations.
6. Consumer - means a physical person making a legal transaction with the entrepreneur not directly related to his/her business or professional activity.
7. Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account service.
8. Warehouse - means a place intended for customer service at the address: Kiełczewo, ul. Polna 12a, PL64000 Kościan, Poland.
9. Entrepreneur - means a physical person, a legal person or an organizational unit which is not a legal person, to whom the law confers legal capacity, conducting business or professional activity on its own behalf and carrying out a legal act directly related to its business or professional activity.
10. Terms and Conditions - means these terms and conditions.
11. Registration - means an actual act carried out in the manner specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online Store.
12. Seller - means JGD ATTACK Łukasz Malikowski company based in Kościan (PL64000), Kiełczewo, ul. Polna 12a, VAT: 6981768381, e-mail: office@jgdattack.eu, which is also the owner of the Online Store.
13. Store Website - means the websites at which the Seller runs the Online Store, operating in the following domains: www.jgdattack.eu, www.jgdattack.pl, www.jgdattack.com
14. Goods - means a product presented by the Seller via the Shop Website, which may be the subject of a Sales Agreement.
15. Durable medium - means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a time appropriate for the purposes for which this information is used, and which allows the stored information to be restored unchanged.
16. Sales contract - means a sales contract concluded remotely, on the terms set out in the Terms and Conditions, between the Customer and the Seller.
17. Distributor - is a person who has the right to buy, sell and distribute goods produced by other entities in a given area. These goods are usually purchased directly from the manufacturer and then resold to various customers in various ways.
§ 2 General provisions and use of the Online Store
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, Store Website, as well as to patterns, forms, logos posted on the Store Website (except for logos and photos presented on the Website The Store for the purposes of presenting goods to which the copyright belongs to third parties) belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
2. The Seller will endeavor to make the use of the Online Store possible for Internet users using all popular web browsers, operating systems, device types and types of Internet connections. The minimum technical requirements enabling the use of the Online Store Website are an Internet browser at least Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or newer, with Javascript enabled, accepting "cookies" and an internet link with throughput of at least 256 kbit / s. The Store's Website is optimized for a minimum screen resolution of 1024x768 pixels.
3. The Seller uses the mechanism of "cookies", which when Customers use the Online Store Website, are saved by the Seller's server on the hard drive of the Customer's terminal device. The use of "cookies" is aimed at the correct operation of the Online Store Website on the clients' terminal devices. This mechanism does not damage the Customer's end device and does not cause configuration changes in the Customer's end devices or in the software installed on these devices. Each customer can disable the "cookies" mechanism in the web browser of their terminal device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Online Store Website.
4. In order to place an order in the Online Store via the Online Store Website or via electronic mail, and to use the services available on the Online Store Website, it is necessary for the Customer to have an active electronic mail account.
5. In order to place an order in the Online Store by telephone, it is necessary for the Customer to have an active telephone number and an active e-mail account.
6. It is prohibited for the Customer to provide illegal content and the Customer to use the Online Store, Shop Website or free services provided by the Seller in a manner contrary to the law, decency or violating personal rights of third parties.
7. The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats. In particular, they should use anti-virus programs and protect the identity of those using the Internet. The Seller never asks the Customer to provide the Password in any form.
8. It is not allowed to use the resources and functions of the Online Store in order to conduct the Customer's activity that would violate the interest of the Seller.
§ 3 Registration
1. In order to create a Customer Account, the Customer is obliged to register free of charge.
2. Registration is not necessary to place an order in the Online Store.
3. In order to register, the Customer should complete the registration form provided 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 Registration, the Customer sets an individual Password.
4. When filling out 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.
5. During Registration, the Customer may voluntarily consent to the processing of his personal data for marketing purposes by checking the appropriate box on the registration form. In this case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about known Sellers or expected recipients of this data.
6. The Customer's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding a contract with the Seller for the provision of the Customer Account service by electronic means. Consent may be withdrawn at any time by submitting an appropriate statement by the Customer to the Seller. The statement may, for example, be sent to the Seller's address by e-mail.
7. After sending the completed registration form, the Customer immediately receives, by e-mail to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this time, a contract is concluded for the provision of the Customer Account service by electronic means, and the Customer gains the option of accessing the Customer Account and making changes given during Data Registration.
§ 4 Orders
1. The Customer may place orders in the Online Store via the Online Store Website or electronic mail 7 days a week, 24 hours a day.
2. The Customer may place orders in the Online Store by telephone during the hours and days indicated on the Online Store Website.
3. The customer placing an order via the Online Store Website completes the order by selecting the Product they are interested in. The Goods are added to the order by selecting the "ADD TO BASKET" command under the given Good presented on the Shop Website. After completing the entire order and indicating in the "SHOPPING CART" the method of Delivery and the form of payment, the Customer places the order by sending the order form to the Seller by selecting the "Order with payment obligation" button on the Shop Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs he is obliged to incur in connection with the Sale Agreement.
4. The customer placing an order via telephone uses the telephone number provided by the Seller on the Store's Website. During the telephone conversation, the Customer indicates to the Seller the name of the Good from among the Goods found on the Shop Website, the quantity of the Good which he would like to order, and specifies the method and address of Delivery and the form of payment, and also indicates, at his choice, his e-mail address or correspondence address to be confirmed by Seller of the content of the proposed contract and confirmation of the order - in the event of the conclusion of the Sales Agreement between the Customer and the Seller. Each time during a telephone conversation, the Seller informs the Customer about the total price of selected Goods and the total cost of the chosen method of Delivery, as well as about all additional costs that the Customer would be obliged to pay if the Sale Agreement were concluded.
5. After the conclusion of the Sales Agreement by phone, the Seller will send on a durable medium to the e-mail address or correspondence provided by the Customer confirming the terms of the Sales Agreement. The confirmation includes in particular: the specification of the Goods being the subject of the Sales Agreement, its price, the cost of Delivery, and information about any other costs that the Customer is obliged to incur in connection with the Sales Agreement.
6. The customer placing an order via e-mail sends it to the e-mail address provided by the Seller on the Store's Website. In the message sent to the Seller, the Customer provides in particular: the name of the Good, color, and its quantity from among the Goods presented on the Store's Website and their contact details.
7. After receiving the e-mail from the Customer, referred to in §4 paragraph 7, the Seller sends a return message to the Customer via e-mail, providing their registration data, the price of selected Goods as well as possible forms of payment and the method of Delivery along with its cost, as well as information about all additional payments that the Customer would incur under the Sale Agreement. The message also contains information for the Customer that the conclusion of the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an order by sending an electronic message to the Seller indicating the chosen form of payment and the method of Delivery.
8. Placing an order is the submission by the Customer of an offer to the Seller to conclude a Contract for the Sale of Goods being the subject of the order.
9. After placing the order, the Seller sends to the e-mail address provided by the Customer confirmation of its submission.
10. Then, after confirming the order, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for implementation. Information about the acceptance of the order is a statement of the Seller about the acceptance of the offer referred to in §4 paragraph 9 above and upon its receipt by the Customer a Sales Agreement is concluded.
11. After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms by sending them on a durable medium to the Customer's e-mail address or in writing to the address provided by the Customer during Registration or ordering.
§ 5 Payments
1. The prices on the Store Website posted next to a given Good are gross prices and do not contain information about the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
2. The Customer may choose the following forms of payment for ordered Goods:
a) bank transfer to the Seller's bank account (in this case, the order will be started after the Seller sends the Customer confirmation of the order and after the funds have been credited to the Seller's bank account);
b) bank transfer to the Seller's bank account with the option of personal pickup in the Warehouse (in this case, the execution of the order will be started immediately after the Seller sends the confirmation of the order to the Customer, and the Goods will be released in the Warehouse after the funds have been credited to the Seller's bank account);
c) bank transfer via the external DOTPAY payment system, operated by DOTPAY Sp. z o.o. based in Krakow (in this case, the implementation of the order will begin after the Seller sends the Customer confirmation of the order and after the Seller receives information from the DOTPAY system about the payment by the Customer);
d) payment card or bank transfer via an external payment system Przelewy24.pl, operated by DOTPAY sp.z o.o. with its registered office in Krakow (in this case, the implementation of the order will begin after the Seller sends the Customer confirmation of the order and after the funds have been credited to the Seller's bank account);
e) cash on personal pickup - payment in the Warehouse (in this case, the order will be processed immediately after the Seller sends the Customer confirmation of the order, and the Goods will be released in the Warehouse);
f) in cash or by credit card upon personal pickup - payment in the Warehouse (in this case the order will be processed immediately after the Seller sends the order confirmation to the Customer, and the Goods will be released in the Warehouse).
3. The customer should make a payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.
4. In the event of the Customer failing to make the payment within the period referred to in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. The information about the additional payment deadline also contains information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send to the Customer a durable medium a statement of withdrawal from the contract pursuant to art. 491 of the Civil Code.
§ 6 Delivery
1. The seller performs delivery on European territory
2. An estimated lead time in Poland is 1-2 working days while in the EU it's 2-5 working days for standard packages and 2-7 working days for custom packages (i.e. hoods, bumpers), the delivery time also depends on a courier and target country.
3. The Seller is obliged to deliver the Goods subject to the Sales Agreement without defects.
4. The Seller publishes on the Store's Website information on the number of Business Days needed for Delivery and execution of the order.
5. The deadline for Delivery and execution of the order indicated on the Shop Website is calculated in Business Days in accordance with §5 paragraph 2 of the Terms and Conditions.
6. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
7. On the day of sending the Goods to the Customer (if the option of the personal collection of the Goods has not been chosen), information confirming the posting of the parcel by the Seller is sent to the e-mail address of the Customer.
8. The customer can collect the ordered Goods personally. The pickup can be made in the Warehouse on Business Days, during the opening hours indicated on the Shop Website, after prior arrangement with the Seller of the pickup date via e-mail or phone.
9. The Seller, in accordance with the will of the Customer, attaches the receipt or VAT invoice covering the delivered Goods to the parcel being the subject of the Delivery.
10. In the absence of the Customer at the address indicated by him when submitting the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact us by phone to determine the date on which the Customer will be present. In the event of a return of the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, setting the date and cost of the Delivery again with the Customer.
11. After receiving the parcel, the customer should carefully check the condition of the packaging and its contents. If any defects or damages are found, the client should perform all actions necessary to determine the liability of the carrier. If damage is found, it is recommended to draw up a damage report.
§ 7 Warranty
1. The Seller provides the Supply of Goods free from physical and legal defects. The Seller is liable to the Customer if the Good has a physical or legal defect (warranty).
2. If the Good has a defect, the Customer may:
a) make a statement about the price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience to the Customer replaces the Defective Product with a product free from defects or removes the defect.
This limitation does not apply if the Good has already been replaced or repaired by the Seller or the Seller failed to satisfy the obligation to replace the Good with a good or free of defects. Instead of replacing the defect proposed by the Seller, the Customer may request a replacement of the Product for one free of defects or instead of replacing the Good, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess costs, the value of the Good free from defects, the type, and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
b) demand replacement of the defective Product with one free of defects or removal of the defect. The seller is obliged to replace the defective product with a product free of defects or remove the defect within a reasonable time without undue inconvenience to the customer.
The Seller may refuse to satisfy the Customer's request if bringing the defective Product into compliance with the Contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the second possible method of compliance with the Contract of Sale. The cost of repair or replacement is borne by the Seller.
3. The Customer who exercises the warranty rights is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
4. The Seller is liable under the warranty if a physical defect is found within two years of the Goods being released to the Customer. A claim for the removal of a defect or replacement of a Product free from defects expires after one year, but this period may not end before the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a statement on the price reduction due to a defect in the Good. If the Customer has demanded the replacement of the Product free from defects or removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Good or removing the defect.
5. All complaints related to the Goods or the implementation of the Sales Agreement may be sent by the Customer in writing to the Seller's address or e-mail address: help@jgdattack.eu. It is recommended to complete the form below to facilitate the application process: Customer Claim Form – JGD Attack - ENG.pdf (94kb) | Customer Claim Form – JGD Attack - ENG.doc (54kb)
6. The Seller within 14 days from the date of the request containing the complaint, will respond to the complaint of the Good or complaint related to the implementation of the Sales Agreement reported by the Customer.
7. The Customer may file a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address office@jgdattack.eu. In the complaint, the Customer should include a description of the problem. The Seller shall promptly, but no later than within 14 days, consider complaints and respond to the Customer.
8. The Seller does not use out-of-court dispute resolution referred to in the Act of September 23, 2016, on out-of-court resolution of consumer disputes.
9. In the case of Customers who are not Consumers or Entrepreneurs with Consumer rights, the warranty is excluded.
§ 8 Guarantee
1. The Seller (hereinafter referred to as the "Guarantor") grants Consumers (§ 1.6) a 12-month Guarantee for each product purchased on the JGD ATTACK store website.
2. To use the Guarantee, the Customer has to file a complaint:
1) for the electronic form - by e-mail to the address office@jgdattack.eu,
2) for the written form - by sending a letter to the address: JGD ATTACK, ul. Polna 12a, 64-000 Kiełczewo.
3. The content of the complaint should include:
1) order number/receipt/receipt scan,
2) description of the case,
3) photos/recordings showing the problem.
4. The Guarantor has 14 days to consider the complaint. The period starts from the date of receipt of a complete complaint or supplementing the complaint with all required information.
5. Mechanical damage resulting from the obvious fault of the Consumer/the person to whom the product was entrusted by the Consumer (e.g. for assembly purposes) is not covered by the Guarantee.
6. The consumer will be informed about the Guarantor's decision using the same form that the Consumer used for filing the complaint (electronic or written).
7. If according to the Guarantor's assessment, the complaint can be considered on the basis of the documentation received, the Consumer will be informed about the complaint decision without the need to deliver the product for inspection.
8. If according to the Guarantor's assessment, to properly consider the complaint an inspection of the product is necessary, the Consumer must deliver the product to the address of the company's registered office or partner workshop indicated by the Guarantor.
9. If the complaint is accepted, the product will be repaired or replaced with a new one, free from defects. The cost of shipping the goods for inspection will be reimbursed by the Guarantor. The cost of shipping the repaired/replaced goods will be covered by the Guarantor.
10. If the complaint is rejected, the Guarantor will make the product available for collection by the Consumer/a transport company indicated by the Consumer/a person indicated by the Consumer.
11. In addition to the Guarantee, the buyers are entitled to the Warranty.
§ 9 Withdrawal from the Contract of Sale
1. The Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving a reason.
2. The period for withdrawing from the Sales Agreement begins from the moment the Consumer takes possession of the Goods.
The Consumer may withdraw from the Contract of Sale by submitting a declaration of withdrawal to the Seller. This declaration may be submitted, for example, by writing to the Seller's e-mail address or the Seller's registered office address. The statement can be made on the form, a specimen of which was posted by the Seller on the Store's Website on the withdrawal form. To meet the deadline, it is enough to send a statement before its expiry.
3. In the event of withdrawal from the Sales Agreement, it is considered void.
4. If the Consumer submitted a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
5. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Agreement, return to him all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until he receives the Good back or the Consumer provides proof of sending the Good, depending on which event occurs first.
6. If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. The consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the day on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods to the Seller's address before the deadline.
8. In the event of withdrawal, the Customer who is a Consumer shall bear only the direct costs of returning the Goods.
9. If, due to its nature, the Goods cannot be returned by ordinary mail, the Seller informs the Consumer about the costs of returning items on the Store's Website.
10. The consumer is responsible for reducing the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Good.
11. The seller makes a refund using the same method of payment as used by the Consumer unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.
12. The right to withdraw from the Sales Agreement is not entitled to the Customer who is a Consumer in relation to contracts in which the Good is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons if the packaging was opened after delivery.
13. The goods should contain the original packaging enabling safe transport. It is possible to use replacement packaging, but it must guarantee adequate protection during transport.
14. The product should be delivered complete, especially with accessories that affect the functionality of the equipment or which may be one of the causes of the defect or non-compliance with the contract. The goods should be accompanied by a detailed description of the defects or inconsistencies with the information on the situation in which the given defect or non-conformity occurs. In addition, one must specify complaint claims and the legal basis for the exercise of rights. The product with the manufacturer’s warranty is not subject to the JGD ATTACK warranty conditions and can be serviced at authorized points indicated by the manufacturer in accordance with the terms of the warranty card issued by the manufacturer.
15. The warranty claim or proof of purchase must be attached to the product being claimed. In the event of their absence, JGD ATTACK allows the submission of a complaint, if it is confirmed that it was purchased in JGD ATTACK.
16. Vouchers can be returned within 14 days after the date of purchase. The return must be reported by the same person who made the purchase. The voucher may be returned only if its discount code has not been used.
§ 10 Free services
1. The seller provides free electronic services to customers:
a) Newsletter;
b) Customer Account Management;
2. Services specified in §10 para. 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of providing access to selected listed services, about which he will inform the Customers in a manner appropriate to amend the Regulations.
4. The Contact Form service consists in sending a message to the Seller using the form located on the Store's Website.
5. Resignation from the free service Contact form is possible at any time and consists in ceasing to send inquiries to the Seller.
6. The Newsletter service may be used by any Customer who enters his e-mail address using the registration form provided by the Seller on the Store's Website. After sending the completed registration form, the Customer immediately receives, by e-mail, the activation link provided in the registration form, to confirm subscribing to the Newsletter subscription. Upon activation of the link by the Customer, a contract for the electronic provision of the Newsletter service is concluded.
The Customer may additionally, during Registration, check the appropriate box in the registration form to subscribe to the Newsletter service.
7. The Newsletter service consists of sending by the Seller, to the e-mail address, messages in electronic form containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
8. Each Newsletter addressed to given Customers includes, in particular: information about the sender, the completed 'subject' field, specifying the content of the shipment, as well as information on the possibility and method of unsubscribing from the free Newsletter service.
9. The Customer may at any time opt out of receiving the Newsletter by unsubscribing from the subscription via the link contained in each electronic message sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.
10. The free service Recommend to a friend consists in enabling the Seller to send an email to a friend by these Customers to a friend about the Good they selected. Before sending the message, the Customer specifies the Good to be the subject of the recommendation, and then through the "Recommend to a friend" function he completes the form specifying his e-mail address and the e-mail address of the friend whom he wants to recommend the selected Good to. The Customer may not use the service for any purpose other than the instruction of the selected Good. The customer does not receive any remuneration or other benefits for using the service.
11. Resignation from the free service Recommend to a friend is possible at any time and consists in ceasing to send orders of selected Goods to the customer's friends.
12. The Customer Account Maintenance service is available after Registration on the terms described in the Regulations and consists of providing the Customer with a dedicated panel within the Store Website, enabling the Customer to modify the data he provided during Registration, as well as tracking the status of orders and the history of orders already completed.
13. The Customer who has registered may submit a request to remove the Seller's Customer Account, however, if the Seller requests to delete the Customer Account, it may be deleted up to 14 days from the request.
14. The Posting Service consists in enabling the Seller, Customers who have a Customer Account, to publish on the Store's Website individual and subjective statements of the Customer regarding in particular Goods.
15. Resignation from the service Posting opinions is possible at any time and consists in the Customer ceasing to post content on the Store Website.
16. The Seller is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of the Seller or other Customers, the Customer violates the law or the Regulations, as well as when blocking access to the Customer Account and free services is justified by security reasons - in particular: breaking the security of the Store's Website by the Customer or other hacker activities. Blocking access to the Customer Account and free services for these reasons lasts for the period necessary to resolve the issue underlying the blocking of access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
§ 11 Customer responsibility regarding the posted content
1. By posting content and sharing it, the Customer makes a voluntary distribution of content. Posted content does not express the views of the Seller and should not be equated with his activities. The Seller is not a content provider, but only an entity that provides adequate ICT resources for this purpose.
2. The Customer declares that:
a) placing and sharing as part of the services referred to in §10 of the Terms and Conditions, personal data, images and information about third parties took place in a legal, voluntary manner and with the consent of the persons they concern;
b) agrees to access the published content by other Customers and the Seller, and authorizes the Seller to use them free of charge in accordance with the provisions of these Terms and Conditions;
3. The customer is not entitled to:
a) posting, as part of using the services referred to in §10 of the Regulations, personal data of third parties and disseminating the image of third parties without the permission or consent of a third party required by law;
b) posting advertising and/or promotional content as part of using the services referred to in §10 of the Terms and Conditions.
4. The Seller is responsible for the content posted by the Customers provided that they receive a notification in accordance with §12 of the Terms and Conditions.
5. It is forbidden for customers to post content that could, in particular, as part of using the services referred to in §10 of the Terms and Conditions:
a) be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secrets, or related to confidentiality obligations;
c) offensive or threatening other people, contain vocabulary that violates good manners (e.g. by using vulgarisms or terms commonly considered offensive);
d) be in conflict with the interests of the Seller;
e) otherwise violate the provisions of the Regulations, decency, applicable law, and social or moral norms.
6. In the event of receiving a notification in accordance with §12 of the Terms and Conditions, the Seller reserves the right to modify or delete content posted by Customers as part of their use of the services referred to in §10 of the Regulations, in particular with regard to the content on which they base on reports of third parties or relevant authorities, it was found that they may constitute a violation of these Terms and Conditions or applicable law. The seller does not carry out ongoing monitoring of posted content.
7. The Customer agrees to the Seller using the content posted by him free of charge as part of the Online Store Website.
§ 12 Reporting threat or violation of rights
1. In the event that the Customer or other person or entity considers that the content published on the Store Website violates their rights, personal rights, decency, feelings, morality, beliefs, principles of fair competition, know-how, secret protected by law or on the basis of an obligation, may notify the Seller of a potential breach.
2. The seller, notified of a potential violation, undertakes immediate actions to remove content that causes the violation from the Store Website.
§ 13 Personal data protection
1. The rules for the protection of Personal Data are contained in the Privacy Policy.
§ 14 Termination of the contract (not applicable to Contracts of Sale)
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the above. contract and provisions below.
2. The Customer who has registered terminates the contract for the provision of electronic services by sending to the Seller an appropriate declaration of intent, using any means of distance communication, enabling the Seller to read the Customer's declaration of intent.
3. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer 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 Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of actually incurred losses by the Customer being an Entrepreneur.
2. The content of these Regulations can be recorded by printing, saving on a carrier, or downloading at any time from the Store's Website.
3. In the event of a dispute on the basis of a concluded Sales Agreement, the parties shall endeavor to resolve the matter amicably. The law applicable to the settlement of any disputes arising under these Regulations is the Polish law. These disputes will be resolved by a locally competent common court.
4. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint consideration and redress methods. The rules of access to these procedures are available at the registered offices or on the websites of entities authorized to settle disputes out of court. They may in particular be consumer ombudsmen or Voivodship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The seller informs that at http://ec.europa.eu/consumers/odr/ there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform).
5. The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for implementation before the date of entry into force of the new Regulations are implemented on the basis of the Regulations that were in force on the day the order was placed by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Online Store Website. The Seller shall inform the Customer 7 days before the entry into force of the new Regulations about the amendment to the Regulations by means of an email sent containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in the termination of the contract in accordance with the provisions of §14 of the Terms and Conditions.
6. The Terms and Conditions enter into force on 01.09.2019
Version: 19.01.2022