Terms and Conditions - ViewPro s.c.

§1 Preliminary provisions

The online store ViewPro, available at the website address https://viewpro.pl and https://viewpro.eu, is operated by Tomasz Mroz and Justyna Mroz conducting business under the name ViewPro partnership, T. Mroz, J. Mroz registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister competent for economy, Tax Identification Number (NIP) 5223019335, National Official Business Register (REGON) 147452308.
This Regulation is addressed to both Consumers and Entrepreneurs using the Store and specifies the rules for using the online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance through the Store.
The Regulation also constitutes, in terms of services provided electronically, the terms of provision of electronic services within the meaning of the Act of July 18, 2002, on the provision of electronic services.

§2 Definitions

Consumer – a natural person performing a legal act, in particular entering into an agreement, not directly related to their economic or professional activity, especially when the content of this act (including the agreement) indicates that it does not have a professional character for this person, arising in particular from the subject matter of the economic activity carried out by this person, made available on the basis of the provisions on the Central Register and Information on Economic Activity. If the Customer is a natural person with limited legal capacity, such person is obliged in particular to obtain the legally effective consent of their legal representative to conclude the Agreement and to present such consent at the request of the Seller, or in another legally permissible manner to ensure the validity of the Agreement; it is considered, for the avoidance of doubt, that agreements concluded within the framework of the Online Store generally have the character of agreements belonging to agreements commonly concluded in minor current matters of daily life;.
Seller – natural persons conducting business under the name ViewPro partnership, T. Mroz, J. Mroz registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister competent for economy, Tax Identification Number (NIP) 5223019335, National Official Business Register (REGON) 147452308.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, legal person, or unincorporated organizational unit that is not a legal person, which is granted legal capacity by a separate law, making purchases in the Store directly related to its economic or professional activity.
Store – an online store operated by the Seller at the website address viewpro.pl and viewpro.eu.
Distance contract – a contract concluded with the Customer within the organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, exclusively using one or more means of distance communication until the conclusion of the contract inclusive.
Agreement for the provision of electronic services – an agreement within the meaning of the Act of July 18, 2002, on the provision of electronic services.
Regulations – these regulations of the Store.
Order – the Customer’s declaration of intent made using the Order Form and aimed directly at concluding a Sales Agreement for the Product or Products with the Seller.
Account – the customer’s account in the Store, where the data provided by the Customer and information about the Orders placed by the Customer in the Store are stored.
Registration Form – a form available in the Store, enabling the creation of an Account and allowing the use of external services such as Google and Meta.
Order Form – an interactive form available in the Store enabling the placement of an Order, particularly by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart – a software element of the Store where the Products selected by the Customer for purchase are visible, and where there is also the possibility to establish and modify Order details, especially product quantities.
Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
Consumer Law – the Act of May 30, 2014, on consumer rights (consolidated text: Journal of Laws of 2020, item 287, as amended).
Digital content – Products in digital form, both those transmitted electronically (e.g., product keys) and those stored on a medium (e.g., CD, DVD).
Sales Agreement – an agreement for the sale of a Product concluded or to be concluded between the Customer and the Seller through the online Store. The Sales Agreement also encompasses – with regard to the characteristics of the Product – agreements for the provision of services and agreements for a work contract.
User – any person using the online Store as well as other related websites, communication channels, and services.
Licensee – a person who downloads software from the website.
Licensor – the software producer.
License – a set of rules regarding the use of software.
Payment – the method of payment for an Order. The options include Bank Transfer, Cash on Delivery, or Paynow (all available channels activated by the payment operator – mBank), Przelewy 24 (all available channels activated by the payment operator – PayPro SA), and PayPo. Blue Media S.A. is the entity providing online payment services for card payments.
Supplier – the entity responsible for delivering the Product to the Customer as part of the Dropshipping service.
Dropshipping – a service commissioned by the Seller and provided by the Supplier, involving the direct delivery of Products to the Customer from the offer available in the online store, purchased by the Seller from the Supplier.

§3 Contact with the Store

Seller’s Address: ul. Skoroszewska 2B/34, 02-495 Warsaw
Office/Warehouse Address: ul. Skoroszewska 2B/37, 02-495 Warsaw
Seller’s Email Address: info@viewpro.pl
Seller’s Phone Number: 578 439 776
Seller’s Bank Account Number for PLN currency 57 1140 2004 0000 3902 8174 4999 and the Seller’s Bank Account Number for EUR currency 55 1140 2004 0000 3812 1901 3016
The Customer can communicate with the Seller using the addresses and phone numbers provided in this paragraph.
The Customer can communicate with the Seller by phone from Monday to Friday, between 09:00 AM and 04:00 PM.

§4 Technical requirements

To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:

End device with access to the Internet and a web browser.
Active email account.
Enabled cookies support.

§5 General Information

The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require the creation of an Account. Placing orders by the Customer for Products available in the Store’s assortment is possible either by creating an Account in accordance with the provisions of §6 of the Regulations or by providing the necessary personal and address data enabling the Order to be fulfilled without creating an Account.
The Service Provider, through the Portal using its functionality, provides services in accordance with the Regulations, commonly referred to as services provided electronically, within the meaning of the Act of July 18, 2002, on the provision of electronic services, including but not limited to:
– Allowing Users to place Orders through the Order Form,
– Publishing reviews and asking questions, as well as providing answers regarding Products and services rendered.
Prices listed in the Store are in Polish zloty and are gross prices (including VAT). The final amount to be paid by the Customer consists of the price of the Product and the cost of delivery (including fees for transportation, delivery, and postal services), which the Customer is informed about on the Store’s pages during the order placement process, including at the moment of expressing the will to be bound by the Sales Agreement.
The Seller displays the price of the Product or service clearly and unambiguously. In every case of informing about a reduction in the price of the Product or service next to the information about the reduced price (e.g., reduced due to temporary promotions) on the Online Store, the Seller displays the lowest last price of the Product available on www.viewpro.pl and viewpro.eu in the last 30 days before applying the price reduction.
In the case of an Agreement covering a subscription or the provision of services for an unspecified period, the final price is the total price including all payments for the settlement period.
When the nature of the subject matter of the Agreement does not allow, reasonably assessing, for the earlier calculation of the final price, information about how the price will be calculated, as well as about fees for transportation, delivery, postal services, and other costs, will be provided in the Store in the Product description.

§6 Account Creation in the Store

To create an Account in the Store, you need to fill out the Registration Form. It is necessary to provide the following information: first name and last name, email address, phone number, and address details.
Creating an Account in the Store is free of charge.
Logging into the Account is done by providing the login and password established in the Registration Form.
It is also possible to create an account and log in through external services such as Google or Meta (Facebook).
The Customer has the option to delete the Account at any time, without stating a reason and without incurring any charges for this, by sending a relevant request to the Seller, in particular, via email or in writing to the addresses provided in § 3.

§7 Order Placement Rules

To place an Order, you should:

log in to the Store (optional);
select the Product that is the subject of the Order, and then click the “Add to cart” button (or equivalent);
log in or choose to place the Order without registration;
if you choose to place the Order without registration – fill out the Order Form by entering the recipient’s details and the delivery address, choose the type of shipment (method of Product delivery), enter the invoice details if they are different from the recipient’s details,
click the “Buy and pay” button,
choose one of the available payment methods and, depending on the chosen method, pay for the order within the specified period, with the reservation specified in § 8 point 3.

§8 Available delivery and payment methods

The Customer can choose from the following delivery or pickup methods for the ordered Product:
– Courier delivery,
– Cash on delivery courier delivery,
– Personal pickup,
– Delivery to a designated pickup point belonging to the selected carrier.
Personal pickup is available at the following address: ul. Skoroszewska 2B/37, 02-495 Warsaw.
The customer can use the following payment methods:
1) payment on delivery,
2) cash on delivery,
3) payment by transfer to the Seller’s account
4) Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
Rozliczenie transakcji kartą kredytową przeprowadzone za pośrednictwem zewnętrznego dostawcy Blue Media S.A., a e-przelewem przeprowadzone za pośrednictwem zewnętrznego dostawcy mBank.
Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
Despite exercising due diligence, the Seller cannot guarantee constant availability of the Products presented in the Store. If the Products for which the Customer wants to place an Order are no longer available at the time of placing the Order, the Customer will receive information about the lack of Product availability before sending the Order to the Seller.
If, when completing the Order, it turns out that any of the Products ordered by the Customer are unavailable, the Seller will cancel the entire Order. Confirmation of Order cancellation will be sent to the e-mail address assigned to the Customer Account or indicated by the Customer when placing an Order without an Account.
If the Product is unavailable in the Store’s offer, the User can obtain information about the Product’s availability by adding the product to “Watched”. Information about the availability of the Product will be sent to the e-mail address provided by the User when registering the account.
If, as part of the use of the Store, it is allowed to provide data of third parties other than the Customer (e.g. for delivery purposes), then the Customer enters such data only if the use of the third party’s data is permitted by law (e.g. obtained from a person whose data is entered, the necessary consent for the use of its data in the Store), and in the event of unauthorized transfer of the data in question, the Customer shall bear all liability related to the transfer of data.

§9 Performance of the sales contract

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
If the ordering party has signed a contract with the Seller and the prices of individual products are set in the contract, the price will be adjusted to that resulting from the contract.
After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declarations about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
If the Customer chooses:
1) payment by transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
2) PayPo payment – the Customer is obliged to make the payment within 30 calendar days from the date of conclusion of the Sales Agreement.
3) cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
4) payment in cash upon personal collection of the parcel, the Customer is obliged to make the payment upon receipt of the parcel within 1 day from the date of receiving information about the readiness of the parcel for collection.
If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within 7 days (subject to section 6 of this paragraph), in the manner chosen by the Customer when placing the Order.
If the deadline for sending the Product is longer than 7 days, the Seller will contact the Customer to agree on the delivery time.
The beginning of the delivery period of the Product to the Customer is counted as follows:
1) If the Customer chooses the payment method by transfer, from the date of crediting the Seller’s bank account.
2) If the Customer chooses the cash on delivery method of payment – from the date of conclusion of the Sales Agreement.
3) If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer on the date agreed by the Parties. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.
4) In the case of ordering Products with different readiness for collection dates, the readiness for collection date is the longest given date.
The beginning of the period for the Product to be ready for collection by the Customer is counted as follows:
1) If the Customer chooses the payment method by transfer, from the date of crediting the Seller’s bank account.
2) If the Customer chooses cash upon personal collection – from the date of conclusion of the Sales Agreement.
Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transport fees) are indicated to the Customer when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement. Delivery of purchases over PLN 2,000 is free of charge within Poland.
Personal collection of the Product by the Customer is free of charge.
The Seller is not liable for failure to deliver the Product for reasons attributable to the Customer – e.g. due to providing an incorrect or incomplete delivery address that prevents delivery of the shipment. In such a situation, the Seller will notify the Customer about the unsuccessful attempt to deliver the Product. The costs of re-shipping the Product are borne by the Customer.

§10 Image of the Products

Despite the Store’s best efforts, there is a margin of technical inaccuracy when recording the images of the Products, publishing them in the Store and displaying them on the screen of the Customer’s device. The image may differ from the Products in this respect for reasons related to photographic technology, software, properties and screen settings of the device used by the Customer, or for other technical reasons.
The image of the Product does not have to represent the same item ordered by the Customer, but an item of the same model.
The Product image may be accompanied by information in the form of text or symbols, including price, model, size, color version and other features of the Product.
In the event of a difference between the image of the Product and the above information, the content of the information in the form of text or symbols shall prevail.
If there are any doubts or questions about the image of the Product, please refrain from ordering and contact the Store. If possible, the Store will provide additional information about the Product and provide additional images of the Product.
The differences between the Product and the image of the Product referred to in this provision do not constitute a defect of the Product or non-compliance of the Product with the contract.

§11 Right to withdraw from the contract

The consumer may withdraw from the Sales Agreement without giving any reason within 14 days.
The period specified in section 1 begins with the delivery of the Product to the Consumer or a person other than the carrier indicated by him.
In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the deadline specified in section 1 runs from the delivery of the last item, batch or part.
In the case of an Agreement that involves the regular delivery of Products for a fixed period of time (subscription), the deadline specified in section 1 runs from taking possession of the first item.
The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the deadline.
The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller’s e-mail address or by submitting the declaration on the Seller’s website – the Seller’s contact details are specified in § 3. The declaration may also be submitted on the form, the template of which is attached as Annex No. 1 to these Regulations or an annex to the Act of May 30, 2014 on consumer rights, but this is not obligatory.
If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
Effects of withdrawal from the Agreement:
– In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
– In the event of withdrawal from the Agreement, the Seller returns to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivering the items, with the exception of additional costs resulting from the method chosen by the Consumer. delivery other than the cheapest standard delivery method offered by the Seller, and in the case of delivery outside Poland, the Seller reimburses the Consumer only the costs of delivering the item equal to the costs of the cheapest method of delivering the item offered by the Seller within Poland,
– The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him. The consumer is obliged to provide the Seller with all data necessary to complete the return (including, in particular, data for postal money order).
– The Seller may withhold the refund until he receives the Product back or until he receives proof of its return, depending on which event occurs first.
– The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the 14-day period expires.
– The consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
– The Consumer is only responsible for the reduction in the value of the Product resulting from using it in a manner other than what was necessary to establish the nature, characteristics and functioning of the Product.
If, due to the nature of the Product, it cannot be returned by regular mail, the Parties will agree on the costs and method of returning the Product.
The right to withdraw from a distance contract is not available to the Consumer in relation to the Contract:
– in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to meet his individual needs,
– in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
– in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
– for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the Agreement,
– in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement,
– in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items,
– in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
– for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
– for the delivery of digital content that is not saved on a tangible medium, if the performance of the service began with the Consumer’s express consent before the deadline for withdrawal from the contract and after the Seller informed him about the loss of the right to withdraw from the contract.
The Consumer accepts the fact that he is not entitled to withdraw from a distance contract in relation to Products available in the Store’s offer that were manufactured according to the Consumer’s specifications or intended to meet his individual needs, i.e. a product in the form of a photographic background and double-sided wooden signs.

§11a Sole Proprietor

The provisions contained in this Regulation concerning liability for warranty towards the Consumer and the right of withdrawal from the contract available to the Consumer also apply to a natural person entering into a contract directly related to their economic activity when it is apparent from the content of the contract that it does not have a professional character for that person, especially considering the subject of the economic activity conducted by them, made available based on the provisions of the Central Register and Information on Economic Activity.

§12 Complaints and Warranty

The basis and scope of the Seller’s liability towards the Consumer if the sold Product is not in conformity with the Contract are defined in the Consumer Law.
In case of non-conformity of the Product with the Contract, the Consumer is entitled to rights specified in the Consumer Law. The provisions of Book Three Title XI Chapter II of the Civil Code, which pertain to contracts obliging the transfer of ownership of goods to the Consumer, including sales contracts, delivery contracts, and contracts for a work that is a good, do not apply.
The Product is in conformity with the Contract if, in particular, its description, type, quantity, quality, completeness, and suitability for a particular purpose notified by the Consumer to the Seller at the latest at the time of conclusion of the sales contract and accepted by the Seller remain in accordance with the Contract.
In addition, to be considered compliant with the Agreement, the Product must:
1) be suitable for the purposes for which Products of this type are usually used, taking into account applicable laws, technical standards or good practices,
2) be present in such quantity and have such features, including durability and safety, that are typical for a Product of this type and that the Consumer can reasonably expect, taking into account the nature of the Product and the public assurance given by the Seller, its legal predecessors or persons acting in on their behalf, in particular in advertising or on the label, unless the Seller proves that:
a) did not know about the given public assurance and, judging reasonably, could not have known about it,
b) before concluding the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was submitted, or in a comparable manner,
c) the public assurance did not influence the Consumer’s decision to conclude a sales contract;
3) be supplied with packaging, accessories and instructions that the Consumer can reasonably expect to be provided;
4) be of the same quality as the sample or pattern that the Seller made available to the Consumer before concluding the contract, and correspond to the description of such sample or pattern.
The Seller shall not be liable for lack of conformity of the Product with the Contract in the scope referred to in paragraph 4, points 2 or 3, if the Consumer, no later than at the time of conclusion of the sales contract, was clearly informed that a specific characteristic of the Product deviates from the requirements of conformity with the contract specified in paragraph 4, points 2 or 3, and clearly and separately accepted the absence of the specific characteristic of the Product.
If the Product is non-compliant with the Contract, the Consumer may request its repair or replacement.
The Seller may perform a replacement when the Consumer requests repair, or the Seller may perform a repair when the Consumer requests a replacement, if bringing the Product into conformity with the Contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the Product into conformity with the Contract.
When assessing the excessive costs for the Seller, all circumstances of the matter are taken into account, in particular, the significance of the non-compliance of the Product with the Contract, the value of the Product in accordance with the Contract, and excessive inconvenience for the Consumer resulting from the change in the method of bringing the Product into conformity with the Contract.
The Seller carries out repairs or replacements within a reasonable time from the moment the Seller is informed by the Consumer about the non-compliance with the Contract and without undue inconvenience to the Consumer, taking into account the specifics of the Product and the purpose for which the Consumer acquired it. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, are borne by the Seller.
If the Product is inconsistent with the Agreement, the Consumer may submit a declaration requesting a price reduction or withdrawal from the Agreement when:
1) The Seller refused to bring the Product into compliance with the Agreement in accordance with Art. 43d section 2 of the Consumer Law;
2) The Seller failed to bring the Product into compliance with the Agreement in accordance with Art. 43d section 4-6 of Consumer Law,
3) the lack of compliance of the Product with the Agreement continues, even though the Seller has tried to bring the Product into compliance with the Agreement;
4) the lack of compliance of the Product with the Agreement is so significant that it justifies reducing the Price or withdrawing from the Agreement without first using the protection measures specified in Art. 43d of the Consumer Law.
The reduced price must remain in proportion to the price resulting from the Agreement, in which the value of the non-compliant Product remains in relation to the value of the compliant Product.
The Seller refunds to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the day of receiving the Consumer’s statement regarding the price reduction.
Due to the necessity of proper verification of reported defects, the advertised Product should be complete, including all accessories (chargers, power supplies, cables, etc.) that affect its functionality (accessories) or may be a cause or one of the causes of the Product’s defect.
Before returning the Product to the Seller, the Consumer should properly prepare the Product, including: by:
1) making a backup copy of all data, including: photos, recordings, software, applications and their removal from the device; data left on the device may be lost during repair;
2) carrying out activities aimed at protecting the Consumer’s privacy – this mainly concerns the deletion of private data, photos, etc.
Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
It is recommended to include in the complaint a concise description of the defect, circumstances (including the date) of its occurrence, customer data submitting the complaint, and the customer’s request regarding the defect of the Product.
The Seller will respond to the complaint request immediately, and if the Customer is a Consumer, no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer’s request has been deemed justified.
Products returned as part of the complaint procedure should be sent to the address specified in § 3 of this Regulations.
In the event that a warranty has been provided for the Product, information about it, as well as its content, will be included with the Product description in the Store.

§13 Seller’s Liability for Providing Digital Content

The seller is liable to the Consumer for the lack of conformity with the agreement of digital content or digital service provided on a one-time basis or in parts, which existed at the time of their delivery and manifested within two years from that moment. It is presumed that the lack of conformity of digital content or digital service with the agreement, which manifested itself before the expiry of one year from the delivery of digital content or digital service, existed at the time of their delivery. The seller cannot invoke the expiry of the period for determining the lack of conformity of digital content or digital service with the agreement if he fraudulently concealed such lack.
The seller is liable to the Consumer for the lack of conformity with the agreement of digital content or digital service provided continuously, which occurred or manifested itself during the period in which, according to the agreement, they were to be delivered. It is presumed that the lack of conformity of digital content or digital service with the agreement occurred during this time if it manifested itself during this time.
The Seller is liable to the Consumer for non-compliance with the contract of the digital content or digital service in terms of updating the digital content or digital service, which occurred during the delivery of the digital content or digital service specified in the contract under which the delivery is continuous or for a period of time reasonably expected by the Consumer, taking into account the type of digital content or digital service and the purpose for which it is used, as well as the circumstances and nature of the contract, if the contract provides for the delivery of digital content or digital service on a single or partial basis. If the Consumer does not install the updates provided by the Seller within a reasonable time, the Seller shall not be liable for the lack of compliance of the digital content or digital service with the contract resulting solely from the lack of updates, if:
informed the Consumer about the update and the consequences of not installing it;
failure to install or improper installation of the update was not due to errors in the installation instructions provided by the Seller.
The seller is not liable for the lack of conformity of digital content or digital service with the agreement in the scope referred to in art. 43k para. 2 or 3 of the Consumer Rights Act, if the Consumer, no later than at the time of conclusion of the agreement, was clearly informed that a specific characteristic of the digital content or digital service differs from the requirements of conformity with the agreement specified in art. 43k para. 2 or 3 of the Consumer Rights Act, and the Consumer clearly and separately accepted the lack of a specific characteristic of the digital content or digital service.
The presumptions set out in points 1 and 2 above do not apply if:
the Consumer’s digital environment is not compatible with the technical requirements about which the Seller informed him in a clear and understandable manner before concluding the contract;
The Consumer, informed in a clear and understandable way before concluding the contract, about the obligation to cooperate with the Seller, to a reasonable extent and using the least burdensome technical means, in order to determine whether the lack of compliance of the digital content or digital service with the contract in due time results from the features the Consumer’s digital environment, does not fulfill this obligation.
If the digital content or digital service is not in conformity with the agreement, the Consumer may request the digital content or digital service to be brought into conformity with the agreement. The Seller may refuse to bring the digital content or digital service into conformity with the agreement if bringing the digital content or digital service into conformity with the agreement is impossible or would require excessive costs for the Seller. When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the digital content or digital service with the agreement and the value of the digital content or digital service in conformity with the agreement.
The Seller shall bring the digital content or digital service into conformity with the agreement within a reasonable time from the moment when they were informed by the Consumer about the lack of conformity with the agreement, and without undue inconvenience to the Consumer, taking into account their nature and the purpose for which they are intended. The costs of bringing the digital content or digital service into conformity with the agreement shall be borne by the Seller.
If the digital content or digital service is inconsistent with the contract, the consumer may submit a declaration of price reduction or withdrawal from the contract, subject to § 10 section 10 point 9 of the Regulations when:
bringing the digital content or digital service into compliance with the contract is impossible or requires excessive costs pursuant to section 6 above, or failed to bring the digital content or digital service into compliance with the contract in accordance with point 7 above,
the lack of conformity of the digital content or digital service with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measure specified in section 6 and 7 above,
the lack of conformity of the digital content or digital service with the contract continues even though the Seller has tried to bring the digital content or digital service into compliance with the contract,
it is clear from the Seller’s statement or circumstances that he will not bring the digital content or digital service into compliance with the contract within a reasonable time or without undue inconvenience to the Consumer.
The reduced price must be in proportion to the price resulting from the agreement, in which the value of the digital content or digital service not in conformity with the agreement remains in relation to the value of the digital content or digital service in conformity with the agreement. If the agreement provides that the digital content or digital service is delivered in parts or continuously, the time during which the digital content or digital service remained not in conformity with the agreement should be taken into account when reducing the price.

§14 Provisions regarding Entrepreneurs

For the avoidance of doubt, the provisions specified in this § 14 of the Regulations apply only to Entrepreneurs and do not apply to Consumers.
If the Customer is an Entrepreneur, the parties exclude warranty liability and the Seller’s liability for damages to the fullest extent permitted by mandatory provisions of law.
For the avoidance of doubt, the provisions of section 1-2 above does not apply to a natural person concluding a contract directly related to his/her business activity, if the content of this contract shows that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of provisions on the Central Registration and Information on Business.
Any disputes arising between the Seller and the Entrepreneur will be submitted to the common court having jurisdiction over the Seller’s registered office.

§15 Complaints related to the use of services provided electronically

The Customer may submit a complaint to the Seller in connection with the use of services provided electronically by the Seller. A complaint may be submitted electronically. In the complaint, the Customer should include a description of the problem. The Service Provider shall immediately, but no later than within 14 days, consider the complaint and provide the Customer with a response.

§ 16 User’s liability regarding the content posted by him

In order to monitor User satisfaction, improve the quality of services provided and sales support, the Seller may enable Users to publish photos, express opinions, ask questions and provide answers, and post reviews regarding the operation of the Online Store and Products.
The User declares that:
1) he is not entitled to any rights, including copyright or related rights to the content, apart from the right to use it in the manner specified in the Regulations and apart from the rights to the content, including opinions, reviews and photos posted by him. The User is not entitled to any recording, reproduction, making available, public or dissemination of the content, unless such permission results from legal provisions or the Regulations,
2) is not entitled to interfere with the content in any way, in particular he is not entitled to interfere with the content, structure, form, graphics, operating mechanism or other elements of the Online Store; may not make any changes, additions, modifications or other actions to the content other than those expressly permitted under these Regulations.
By posting content in the Online Store, including in particular photos, reviews and opinions that constitute works (within the meaning of the Act of February 4, 1994 on copyright and related rights), the User grants the Seller a non-exclusive and free license to use for an indefinite period of time. Seller of these works, which includes, in particular, making the work available to the public in such a way that everyone can have access to it at a place and time of their choosing (Internet). The license is granted for all fields of exploitation known at the time of granting it, in particular for the following fields of exploitation:
1) in the scope of recording and reproducing the work – producing copies using a specific technique, in particular digital or sound technology, i.e. using any techniques on any audiovisual or audio carrier, and in particular on all forms of light-sensitive, magnetic, analog and IT media, digital, multimedia, video, audiovisual discs, cassettes, compact discs, computer disks, in a multimedia network (including Internet, intranet and related online services) and reproduction, recording, use on the Internet, television, radio, advertising, reproduction in in the form of electronic recording in computer memory and in internal and external networks,
2) within the scope of trading in the original or copies on which the work was recorded, placing on the market, lending or renting the original or copies;
3) using the whole or fragments or any elements of the work in all publishing houses, in the press, in book, album and digital publications, including online publications, in bulletins and information brochures, alone or in combination with other works or fragments of works; use in whole or in part for promotion and advertising, in particular in the form of audiovisual, audio and media advertising,
4) in the scope of disseminating the work in a manner other than that specified in points 2 and 3 above – public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work publicly available in such a way that everyone can have access to it anywhere and everywhere time of your choosing.
The User is prohibited from posting content that could, in particular:
1) be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
2) 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 those related to confidentiality obligations;
3) be offensive or constitute a threat to other people, contain vocabulary that violates good manners (e.g. by using vulgarisms or terms generally considered offensive);
4) be contrary to the interests of the Seller;
5) violate in any other way the provisions of the Regulations, good customs, provisions of applicable law, social or moral norms.
The User undertakes not to post content containing links to external websites, of a promotional or advertising nature or containing personal data of third parties.
If the User or another person or entity considers that the content published on the Store’s Website violates their rights, personal rights, good customs, feelings, morals, beliefs, principles of fair competition, know-how, secrets protected by law or on the basis of an obligation, may notify the Seller of a potential infringement.
The Seller reserves the right to remove the content posted by the User if it does not meet the requirements specified in § 16 of the Regulations.

§17 Extrajudicial methods of dealing with complaints and pursuing claims

Detailed information on the possibility for the Consumer to use extrajudicial methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Inspections. Handlowa and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php http://www.uokik.gov.pl/sprawy_zdrowie.php and http://www.uokik .gov.pl/wazne_adresy.php.
The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:
The consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

§18 Personal data in the Online Store

The administrator of Customers’ personal data collected via the Online Store is the Seller.
Customers’ personal data collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer consents – also for marketing purposes.
The recipients of personal data of Online Store Customers may be:
1) Accounting offices providing services to the Seller.
2) In the case of a Customer who uses the delivery method by post or courier in the Online Store, the Administrator makes the Customer’s collected personal data available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.
3) In the case of a Customer who uses the Dropshipping service, the Administrator provides the Customer’s collected personal data to the selected Supplier who ships the Product at the request of the Administrator,
4) In the case of a Customer who uses electronic or payment card payment in the Online Store, the Administrator provides the Customer’s collected personal data to the selected entity handling the above payments in the Online Store.
The customer has the right to access and correct their data.
Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.

§18a Agreement entrusting the processing of personal data

This agreement for entrusting the processing of personal data (hereinafter referred to as the “Entrustment Agreement”) is concluded between the Seller (in this paragraph also referred to as the “Processor”) and the Licensee (in this paragraph also referred to as the “Administrator”).
The Parties have concluded this Entrustment Agreement bearing in mind that:
The Licensee downloads the Fotillo software from the Seller’s website,
photos taken using the Fotillo software are stored on servers at the Seller’s disposal and belonging to Zenbox sp. z o.o. based in Częstochowa, NIP: PL949-219-10-21, REGON: 242888558, KRS: 0000414281, and depending on the Administrator’s choice, photos may also be stored in the “sent messages” folder on the Zenbox e-mail account, which is at the Processor’s disposal ,
the purpose of the Entrustment Agreement is to establish the conditions under which the Processor performs Personal Data processing operations on behalf of the Administrator.
By concluding the Entrustment Agreement, the Parties strive to regulate the principles of Personal Data processing so that they fully comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the freedom flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as “GDPR”.
Under the conditions specified in the Entrustment Agreement, the Administrator may entrust the Processor with the processing of Personal Data.
Processing may include the following types of personal data (hereinafter referred to as “Personal Data”):
photos,
email addresses.
Categories of persons to whom Personal Data concern: persons appearing in photographs taken using the Fotillo program.
Processing activities that may be performed in relation to Personal Data are: collecting, organizing, storing, downloading, disclosing by sending, sharing, limiting, deleting.
The Processor may entrust specific Personal Data processing operations to other processors.
When processing Personal Data, the Processor is obliged to comply with the provisions of law and the provisions of the Entrustment Agreement.
The Processor ensures the protection of Personal Data and takes data protection measures referred to in Art. 32 GDPR, in accordance with further provisions of the Entrustment Agreement.
The Processor is obliged to immediately inform the Administrator about:
any circumstances affecting the protection and security of Personal Data,
initiation of inspection or administrative proceedings by the supervisory authority,
administrative decisions or resolutions issued by the supervisory authority relating to the entrusted Personal Data,
submitting a complaint, request, question and other declarations addressed to the Processor regarding the Data.
The Administrator declares that he is the administrator of Personal Data and that he is authorized to process them to the extent that he has entrusted them to the Processor. If the Personal Data does not belong to the Administrator – the Administrator declares that he has obtained the consent of the person to whom the Personal Data relates and has informed the above-mentioned person about the processing of his/her Personal Data by the Processor.
The Administrator is obliged to cooperate with the Processor in connection with the processing of data under this Agreement.
The Administrator declares that he is aware that he is obliged to fulfill the information obligation towards persons to whom the Personal Data concern and to inform that their Personal Data will be processed by the Processor.
The Entrustment Agreement was concluded for an indefinite period and may be terminated by either Party with immediate effect.
Upon termination of the Entrustment Agreement, the Processor has no right to further process the entrusted Personal Data, unless there is another basis for this.
Upon termination of the Entrustment Agreement, the Processor is obliged to delete Personal Data.
The Entrustment Agreement is subject to Polish law and the GDPR.

§19 Rights and Obligations of the Licensee

The Licensee is obliged to comply with the terms of this Agreement and the License added to each software, as well as to make timely payment for the service provided by the Licensor.
The Licensee is obliged to familiarize himself with the technical requirements of the equipment on which the Software is to be installed.
The Licensee will install the Software in accordance with the instructions received from the Licensor after payment.
The Licensee may use the Software on more than one computer workstation.
The licensee will not interfere with the program’s source code, decompile files, or change the way the program works on his own. Any attempt to change it will be treated as copyright infringement, punishable by a fine of PLN 500,000.
I accept the additional terms of the License if I download the Fotillo Software with all add-ons.

§ 20 Dropshipping

Dropshipping, unless the Parties have agreed otherwise, involves transferring the Product shipping process to the Supplier.
The Supplier is solely responsible for the correct delivery of the Product.
The Seller’s service of transferring the content of the Order to the Supplier is initiated by the Customer by placing an Order in the Store.
The Customer is entitled to place Orders as part of the Dropshipping service under the terms set out in § 7 of the Regulations.
As part of the Dropshipping service, the Customer is entitled to use the offered payment and delivery methods referred to in § 8 of the Regulations.
With respect to the rights and obligations of the Customer ordering a Product as part of the Dropshipping service, the relevant provisions of the Regulations apply, including: the right to withdraw from the Sales Agreement (§11 of the Regulations).
The processing of Customers’ personal data is carried out in accordance with the currently applicable legal provisions regarding the protection of personal data, in particular in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), and the provisions of the Polish Act of May 10, 2018 on the protection of personal data.
The processing of personal data by the Supplier as part of the Dropshipping service is also carried out in accordance with the standards set out in the Privacy Policy, and the administrator of the Customer’s personal data is the Seller – as an entity that, by commissioning the Supplier to provide the service of delivering the Product to the Customer, independently obtains the Customer’s personal data and determines the purpose of their data. processing before transferring them to the Supplier.
Customers’ personal data are transferred to the Supplier and processed by the Supplier for purposes related solely to providing the Dropshipping service to the Seller.
The Supplier will not share personal data with other entities, except for the carrier, in order to deliver the Product to the Customer. Each Customer has the rights specified in detail in the Privacy Policy. The Customer’s request to delete data is tantamount to terminating with immediate effect any Dropshipping agreement regarding the delivery of Products to the delivery address of a given Customer.

§21 Postanowienia końcowe

Contracts concluded via the Online Store are concluded in Polish.
The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
If any of the provisions of the Regulations are considered invalid, inconsistent with the law or unenforceable, they will be excluded from the provisions of the Regulations, which does not affect the validity and binding force of the remaining provisions of the Regulations.
In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
Any disputes that may arise in connection with the Sales Agreement concluded between the Customer who is a Consumer and the Seller under the terms set out in the Regulations will be resolved by a competent common court. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office.