Terms and Conditions - ViewPro s.c.

§1 Preliminary Provisions

The online store ViewPro, accessible at the web addresses https://viewpro.pl and https://viewpro.eu, is operated by Tomasz Mróz and Justyna Mróz, conducting business under the company name ViewPro s.c. T. Mróz, J. Mróz, registered in the Central Registration and Information on Business (CEIDG) maintained by the minister responsible for the economy, NIP 5223019335, REGON 147452308.
This Regulation is directed both to Consumers and Entrepreneurs using the Store and defines the rules for using the online store and 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 regulations for providing services electronically within the meaning of the Act of July 18, 2002, on the provision of services by electronic means.

§2 Definitions

Consumer – a natural person performing a legal act, in particular concluding a contract, not directly related to their business or professional activity, in particular, when the content of this act (including the contract) indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity carried out by this person, made available on the basis of the provisions on the Central Registration and Information on Business Activity. If the Customer is a natural person with limited legal capacity, such a person is obliged, in particular, to obtain the legally effective consent of their legal representative to conclude the Contract and to present such consent at the Seller’s every request, or in another legally permissible way to ensure the validity of the Contract; however, to avoid doubt, it is assumed that contracts concluded within the Online Store are generally contracts belonging to contracts commonly concluded in minor current matters of everyday life.
Seller – natural persons conducting business activity under the company name ViewPro s.c. T.Mróz, J.Mróz, registered in the Central Registration and Information on Business Activity (CEIDG) maintained by the minister responsible for the economy, NIP 5223019335, REGON 147452308.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, a legal person, and an organizational unit not being a legal person, to which a separate act grants legal capacity, making a purchase in the Store directly related to its business or professional activity.
Store – the online store operated by the Seller at the web addresses viewpro.pl and viewpro.eu
Distance Contract – a contract concluded with the Customer within an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract. Electronic
Services Agreement – an agreement within the meaning of the Act of July 18, 2002, on the provision of services by electronic means.
Regulations – these store regulations.
Order – a declaration of the Customer’s will submitted using the Order Form and aiming directly at concluding a Product or Products Sales Agreement 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 him in the Store are collected.
Registration Form – a form available in the Store, allowing the creation of an Account and enabling the use of external services, i.e., Google and Meta.
Order Form – an interactive form available in the Store enabling the submission of an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
Basket – a software element of the Store, in which the Products selected by the Customer for purchase are visible, and there is also the possibility of determining and modifying the Order data, in particular the quantity of products.
Product – a movable item/service available in the Store, being 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 sent electronically (e.g., product keys) and recorded on a medium (e.g., CD, DVD).
Sales Agreement – a sales agreement for the Product concluded or concluded between the Customer and the Seller through the online store. By Sales Agreement is also understood – applying to the characteristics of the Product – a contract for the provision of services and a contract for work.
User – any person using the online store and other related websites, communication, and services,
Licensee – a person who downloads software from the site.
Licensor – software manufacturer.
License – a set of rules regarding the use of software.
Payment – the method of payment for the Order. The possibility to choose a Transfer, Cash on Delivery, or Paynow (all available channels that are activated by the payment operator – mBank). The entity providing online payment services in the scope of card payments is Blue Media S.A.

§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 for EUR currency: 55 1140 2004 0000 3812 1901 3016.
The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.
The Customer may communicate by phone with the Seller from Monday to Friday between 09:00 – 16:00.

§4 Technical Requirements

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

an end device with Internet access and a web browser,
an active email account (e-mail),
enabled support for cookie files.

§5 General Information

The Seller, to the fullest extent permitted by law, is not responsible for disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the online store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
The Service Provider, through the Portal using its functionality, provides, in accordance with the Regulations, so-called services provided electronically, within the meaning of the Act of July 18, 2002, on the provision of services by electronic means, including by enabling Users to:
– place an Order via the Order Form,
– publish opinions and ask questions and provide answers regarding Products and services provided.
Prices given in the Store are in Polish zlotys and are gross prices (including VAT). The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery, and postal services), about which the Customer is informed on the Store’s pages during placing the Order, 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 in a clear and unambiguous manner. In each case of informing about a reduction in the Price of the Product or service next to information about the reduced Price (e.g., reduced as a result of introducing temporary promotions) in 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 a Contract including a subscription or providing services for an indefinite period, the final (final) price is the total price covering all payments for the billing period.
When the nature of the subject of the Contract does not allow, reasonably assessing, for the earlier calculation of the final (final) price, information about how the price will be calculated, as well as about charges for transport, delivery, postal services, and other costs, will be provided in the Store in the Product description.

§6 Creating an Account in the Store

To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following information: first and last name, email address, phone number, and address details.
Creating an Account in the Store is free.
Logging into the Account is done by entering the username and password established in the Registration Form.
It is also possible to create an account and log in through an external service such as Google or Meta (Facebook).
The Customer has the option at any time, without giving a reason and without incurring any fees for this, to delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§7 Rules for Placing an Order

To place an Order, you must:

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 use the option to place an Order without registration;
if you have chosen the option to place an Order without registration – fill out the Order Form by entering the recipient’s details and the address to which the Product is to be delivered, select the type of shipment (method of delivering the Product), 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 payment method, pay for the order within the specified period, subject to § 8 point 3.

§8 Offered Delivery and Payment Methods

The Customer may use the following methods of delivery or collection of the ordered Product:
Courier shipment,
Cash on delivery courier shipment,
Personal pickup,
Delivery to a designated pickup point belonging to the selected carrier.
Personal pickup is available at the address: ul. Skoroszewska 2B/37, 02-495 Warsaw.
The Customer may use the following payment methods:
payment on collection,
cash on delivery,
payment by bank transfer to the Seller’s account,
Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
Credit card transactions are conducted through an external provider, Blue Media S.A., and e-transfers are conducted through an external provider, mBank.
Detailed information about delivery methods and acceptable payment methods can be found on the Store’s pages.
Despite due diligence, the Seller cannot guarantee the constant availability of Products presented in the Store. In the event that the Products the Customer wishes to order are no longer available at the time of placing the Order, the Customer will receive information about the unavailability of the Product before sending the Order to the Seller.
If it turns out during the compilation of the Order that any of the Products ordered by the Customer is unavailable, the Seller will cancel the entire Order. Confirmation of the cancellation of the Order will be sent to the email address associated with the Customer’s Account or indicated by the Customer when placing the Order without an Account.
In the event of a lack of availability of the Product in the Store’s offer, the User has the opportunity to obtain information about the availability of the Product by adding the product to the “Watched” list. Information about the availability of the Product will be sent to the email address indicated by the User during account registration.

§9 Execution of the Sales Agreement

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the online store in accordance with § 7 of the Regulations.
If the ordering party has signed an agreement with the Seller and the prices of individual products are determined in the agreement, the price will be corrected to the one resulting from the agreement.
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 occurs by sending the Customer an appropriate email to the email address provided during the Order placement, which contains at least the Seller’s statements about receiving the Order and accepting it for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
In the case of the Customer choosing:
– payment by bank transfer, electronic payments, 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.
– cash on delivery upon receipt of the shipment, the Customer is obliged to make payment upon receipt of the shipment.
– cash payment upon personal receipt of the shipment, the Customer is obliged to make payment upon receipt of the shipment within 1 day from the date of receiving information about the readiness of the shipment for collection.
If the Customer has chosen a delivery method other than personal pickup, the Product will be sent by the Seller within 7 days (subject to paragraph 6 of this section), in the manner chosen by the Customer when placing the Order.
In the event that the shipping time of the Product will be longer than 7 days, the Seller will contact the Customer to agree on the execution time.
The start of the delivery period of the Product to the Customer is calculated as follows:
– If the Customer chooses the method of payment by bank transfer, from the date of crediting the Seller’s bank account.
– If the Customer chooses the method of payment on delivery – from the date of conclusion of the Sales Agreement.
– If the Customer chooses personal pickup of the Product, the Product will be ready for pickup by the Customer within the period agreed by the Parties. The Customer will be additionally informed about the readiness of the Product for pickup by the Seller by sending an appropriate email to the email address provided during the Order placement.
– In the case of ordering Products with different readiness times for collection, the readiness time is the longest given time.
The start of the readiness period of the Product for collection by the Customer is calculated as follows:
– If the Customer chooses the method of payment by bank transfer, from the date of crediting the Seller’s bank account.
– If the Customer chooses the method of cash payment upon personal pickup – from the date of conclusion of the Sales Agreement.
Delivery of the Product to the Customer is chargeable unless the Sales Agreement provides otherwise. Delivery costs of the Product (including transport fees) are indicated to the Customer during the Order placement, including at the moment of expressing the Customer’s intention to be bound by the Sales Agreement. Delivery of purchases over the amount of 2000 PLN is carried out free of charge within Poland.
Personal pickup of the Product by the Customer is free of charge.

§10 Image of Products

Despite the care taken by the Store, there is a margin of technical inaccuracy in capturing the images of Products, publishing them in the Store, and displaying them on the Customer’s device screen. The image may differ in this respect from the Products due to reasons related to photographic technology, software, properties, and settings of the device screen used by the Customer, or other technical reasons.
The image of the Product does not have to represent the same copy that the Customer orders, but a copy of the same model.
The image of the Product may be accompanied by information in the form of text or symbols, including the price, model, size, color version, and other features of the Product.
In the case 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 is decisive.
In the event of any doubts or questions regarding the image of the Product, please refrain from ordering and contact the Store. If possible, the Store will provide additional information about the Product, provide additional images of the Product.
Differences between the Product and the image of the Product, as referred to in this provision, do not constitute a defect in the Product or non-conformity of the Product with the contract.

§11 Right to Withdraw from the Contract

The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The deadline specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
In the case of an Agreement that includes multiple Products that are delivered separately, in batches, or in parts, the deadline specified in paragraph 1 runs from the delivery of the last item, batch, or part.
In the case of an Agreement that involves regular delivery of Products for a specified period (subscription), the deadline specified in paragraph 1 runs from taking possession of the first item.
The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the deadline for withdrawing from the Agreement, it is sufficient for the Consumer to send the statement before the expiry of this period.
The statement can be sent by traditional mail or electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement can also be submitted on the form, the template of which is Annex No. 1 to these Regulations or an annex to the Act of May 30, 2014, on consumer rights, but this is not mandatory.
In the case of sending a statement by the Consumer electronically, the Seller will immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
Effects of withdrawal from the Agreement:
– In the case of withdrawal from a distance contract, the Agreement is considered not concluded.
– In the case of withdrawal from the Agreement, the Seller returns to the Consumer immediately, no later than within 14 days from the day of receiving the Consumer’s statement of withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller, however, in the case of delivery outside Poland, the Seller returns to the Consumer only the costs of delivering the goods equal to the costs of the cheapest method of delivering the goods offered by the Seller in Poland,
– The Seller will make a refund 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 carry out the refund (including, in particular, data for postal transfer).
– The Seller may withhold the refund until receipt of the Product back or until proof of its dispatch is provided, whichever occurs first.
– The Consumer should return the Product to the Seller’s address specified in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product before the expiry of the 14-day period.
– 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 sent by regular mail.
– The Consumer is only responsible for the reduction in the value of the Product resulting from using it in a way other than was necessary to determine the nature, characteristics, and functioning of the Product.
In the case where, due to the nature of the Product, it cannot be sent by regular mail, the Parties will agree on the costs and method of returning the Product.
The right to withdraw from a distance contract does not apply to the Consumer in relation to the Agreement:
– in which the subject of the service is a non-prefabricated item, produced according to the Consumer’s specifications or serving to satisfy his individualized needs,
– in which the subject of the service is an item delivered in a sealed package, which cannot be returned due to health protection or hygiene reasons if the packaging has been 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 has been informed before the commencement of the service that after the performance of the service by the Seller, 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 for withdrawal from the Agreement,
– in which the subject of the service are things that, after delivery, due to their nature, become inseparably connected with other things,
– in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package if the packaging has been opened after delivery,
– for the delivery of newspapers, periodicals, or magazines, except for a subscription agreement,
– for the delivery of digital content that is not stored on a tangible medium if the performance has begun with the express consent of the Consumer before the deadline for withdrawal from the contract and after informing him by the Seller about the loss of the right to withdraw from the Agreement.
The Consumer accepts the fact that the right to withdraw from a distance contract does not apply to him in relation to Products available in the Store’s offer, which have been produced according to the Consumer’s specifications or serving to satisfy his individualized needs, i.e., a Product in the form of a photographic background and a double-sided wooden sign.

§11a Individual Conducting Sole Proprietorship

The provisions contained in these Regulations, which concern liability under warranty towards the Consumer and the right to withdraw from the contract granted to the Consumer, also apply to an individual entering into a contract directly related to their business activity when the content of this contract indicates that it does not have a professional character for that person, resulting in particular from the subject of the business activity carried out by them, made available on the basis of the regulations on the Central Registration and Information on Economic Activity.

§12 Complaint and Warranty

The basis and scope of the Seller’s liability towards the Consumer if the sold Product is not in accordance with the Agreement are defined in the Consumer Law.
In the event of non-compliance of the Product with the Agreement, the Consumer is entitled to the rights specified in the Consumer Law. The provisions of the third book, title XI, section II of the Civil Code do not apply to contracts obliging the transfer of ownership of goods to the Consumer, including in particular sales contracts, supply contracts, and contracts for work that are goods.
The Product is in accordance with the Agreement if, in particular, its description, type, quantity, quality, completeness, suitability for a particular purpose for which the Consumer needs it, about which the Consumer informed the Seller no later than at the time of concluding the sales contract and which the Seller accepted, are in accordance with the Agreement.
In addition, for the Product to be considered in accordance with the Agreement, it must:
– be suitable for the purposes for which Products of this type are usually used, taking into account applicable laws, technical standards, or good practices,
– be in such a quantity and have such characteristics, including durability and safety, that are typical for a Product of this type and that the Consumer may reasonably expect, considering the nature of the Product and the public assurance made by the Seller, his legal predecessors, or persons acting on their behalf, especially in advertising or on the label, unless the Seller proves that:
a) he 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 with the observance of the conditions and form in which the public assurance was made, or in a comparable way,
c) the public assurance did not affect the Consumer’s decision to conclude the sales contract;
– be delivered with packaging, accessories, and instructions that the Consumer may reasonably expect;
– be of the same quality as the sample or pattern that the Seller provided to the Consumer before concluding the contract, and correspond to the description of such a sample or pattern.
The Seller is not liable for non-compliance of the Product with the agreement to the extent referred to in paragraph 4 points 2 or 3 if the Consumer, no later than at the time of concluding the sales contract, was clearly informed that a specific feature of the Product deviates from the requirements of compliance with the agreement specified in paragraph 4 points 2 or 3, and clearly and separately accepted the lack of a specific feature of the Product.
If the Product is not in accordance with the Agreement, the Consumer may request its repair or replacement.
The Seller may make an exchange when the Consumer requests a repair, or the Seller may make a repair when the Consumer requests an exchange if bringing the Product into compliance with the Agreement 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, he may refuse to bring the Product into compliance with the Agreement.
When assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular, the significance of the non-compliance of the Product with the Agreement, the value of the Product in accordance with the Agreement, and excessive inconvenience for the Consumer resulting from the change in the way of bringing the Product into compliance with the Agreement.
The Seller carries out repairs or replacements within a reasonable time from the moment when the Seller was informed by the Consumer about non-compliance with the Agreement and without excessive inconvenience for the Consumer, taking into account the specificity of the Product and the purpose for which the Consumer purchased it. The cost of repair or replacement, including in particular the costs of postage, transport, labor, and materials, is borne by the Seller.
If the Product is not in accordance with the Agreement, the Consumer may submit a statement requesting a reduction in the Price or withdrawal from the Agreement when:
– The Seller refused to bring the Product into compliance with the Agreement in accordance with art. 43d paragraph 2 of the Consumer Law;
– The Seller did not bring the Product into compliance with the Agreement in accordance with art. 43d paragraphs 4-6 of the Consumer Law,
– the non-compliance of the Product with the Agreement still occurs, although the Seller tried to bring the Product into compliance with the Agreement;
– the non-compliance of the Product with the Agreement is so significant that it justifies a reduction in the Price or withdrawal from the Agreement without first using the protection measures specified in art. 43d of the Consumer Law.
The reduced Price must remain in such proportion to the Price resulting from the Agreement as the value of the Product not in accordance with the Agreement remains to the value of the Product in accordance with the Agreement.
The Seller returns to the Consumer the amounts due as a result of the use of the right to reduce the Price immediately, no later than within 14 days from the day of receiving the Consumer’s statement about reducing the Price.
Due to the need for proper verification of reported defects, the complained Product should be complete, have all accessories (chargers, power supplies, cables, etc.), which affect its functionality (accessories) or may be the cause or one of the causes of the defect of the Product.
Before handing over the Product to the Seller, the Consumer should properly prepare the Product, including by:
– making a backup copy of all data, including photos, recordings, software, applications, and deleting them from the device; data left on the device may be lost during repair;
– performing actions aimed at protecting the Consumer’s privacy – this primarily concerns the removal of private data, photos, etc.
The complaint should be reported in writing or electronically to the addresses of the Seller provided in these Regulations.
It is recommended that the complaint include, among others, a concise description of the defect, circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer’s request in connection with 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 was accepted as justified.
Products returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.
In the event that a warranty has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.

§13 Seller’s Liability for Providing Digital Content

The Seller is liable to the Consumer for the non-compliance with the contract of digital content or digital service provided once or in parts, which existed at the time of their delivery and revealed itself within two years from that moment. It is presumed that the non-compliance of digital content or digital service with the contract, which revealed itself before the expiry of one year from the moment of delivery of digital content or digital service, existed at the time of their delivery. The Seller cannot invoke the expiry of the deadline to determine the non-compliance of digital content or digital service with the contract if he deceitfully concealed this lack.
The Seller is liable to the Consumer for the non-compliance with the contract of digital content or digital service provided continuously, which occurred or revealed itself during the time when they were to be delivered according to the contract. It is presumed that the non-compliance of digital content or digital service with the contract occurred at that time if it revealed itself at that time.
The Seller is liable to the Consumer for the non-compliance with the contract of digital content or digital service in terms of updating digital content or digital service, which occurred during the time of delivering digital content or digital service specified in the contract, on the basis of which delivery takes place continuously, or for the time reasonably expected by the Consumer, taking into account the type of digital content or digital service and the purpose for which they are used, and the circumstances and nature of the contract, if the contract provides for the delivery of digital content or digital service once or in parts. If the Consumer does not install the update provided by the Seller within a reasonable time, the Seller is not liable for the non-compliance of digital content or digital service with the contract resulting solely from the lack of an update if:
– he informed the Consumer about the update and the consequences of not installing it;
– the failure to install or improper installation of the update did not result from errors in the installation instructions provided by the Seller.
The Seller is not liable for the non-compliance of digital content or digital service with the contract to the extent referred to in art. 43 k paragraph 2 or 3 of the Consumer Rights Act if the Consumer, no later than at the time of concluding the contract, was clearly informed that a specific feature of digital content or digital service deviates from the requirements of compliance with the contract specified in art. 43 k paragraph 2 or 3 of the Consumer Rights Act, and clearly and separately accepted the lack of a specific feature of digital content or digital service.
The presumptions specified in points 1 and 2 above do not apply if:
– the Consumer’s digital environment is not compatible with the technical requirements that the Seller informed him about in a clear and understandable manner before concluding the contract;
– the Consumer, informed in a clear and understandable manner before concluding the contract about the obligation to cooperate with the Seller, to a reasonable extent and using the least burdensome technical means for himself, to determine whether the non-compliance of digital content or digital service with the contract in due time results from the characteristics of the Consumer’s digital environment, does not fulfill this obligation.
If the digital content or digital service is not in accordance with the contract, the Consumer may demand that they be brought into compliance with the contract. The Seller may refuse to bring digital content or digital service into compliance with the contract if bringing digital content or digital service into compliance with the contract is impossible or would require excessive costs for the Seller. When assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular, the significance of the non-compliance of digital content or digital service with the contract and the value of digital content or digital service in accordance with the contract.
The Seller brings digital content or digital service into compliance with the contract within a reasonable time from the moment when he was informed by the Consumer about non-compliance with the contract, and without excessive inconvenience for the Consumer, taking into account their nature and the purpose for which they are used. The cost of bringing digital content or digital service into compliance with the contract is borne by the Seller.
If the digital content or digital service is not in accordance with the contract, the consumer may submit a statement requesting a reduction in price or withdrawal from the contract, subject to § 10 paragraph 10 point 9 of the Regulations, when:
– bringing digital content or digital service into compliance with the contract is impossible or requires excessive costs according to paragraph 6 above, or did not bring digital content or digital service into compliance with the contract according to point 7 above,
– the non-compliance of digital content or digital service with the contract is so significant that it justifies a reduction in price or withdrawal from the contract without first using the protection measure specified in paragraphs 6 and 7 above,
– the non-compliance of digital content or digital service with the contract still occurs, even though the Seller tried to bring digital content or digital service into compliance with the contract,
– from the Seller’s statement or circumstances, it is clear that he will not bring digital content or digital service into compliance with the contract within a reasonable time or without excessive inconvenience for the Consumer.
The reduced price must remain in such proportion to the price resulting from the contract as the value of digital content or digital service not in accordance with the contract remains to the value of digital content or digital service in accordance with the contract. If the contract provides that digital content or digital service is delivered in parts or continuously, the time during which digital content or digital service remained not in accordance with the contract should be taken into account when reducing the price.

§14 Provisions Concerning Entrepreneurs

To avoid doubt, the provisions indicated in this § 14 of the Regulations apply exclusively to Entrepreneurs and do not apply to Consumers.
If the Customer is an Entrepreneur, the parties exclude the Seller’s liability under the warranty and the Seller’s liability for damages to the fullest extent permitted by mandatory law.
For the avoidance of doubt, paragraphs 1-2 above do not apply to an individual entering into a contract directly related to their business activity when the content of that contract indicates that it does not have a professional character for that person, resulting in particular from the subject of the business activity carried out by them, made available on the basis of the regulations on the Central Register and Information on Economic Activity.
Any disputes arising between the Seller and the Entrepreneur will be submitted to the ordinary court competent for 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. The complaint may be submitted in electronic form. In the complaint notification, the Customer should include a description of the problem that occurred. The Service Provider promptly, but no later than within 14 days, considers the complaint and provides the Customer with a response.

§ 16 User’s Responsibility for the Content Posted by Them

To monitor User satisfaction, improve the quality of services provided, and handle sales, the Seller may enable Users to express opinions and ask and answer questions concerning the operation of the Online Store and Products.
The User declares that:
– they have no rights, including copyright or related rights to the content, other than the right to use it as specified in the Regulations and other than the rights to the content, including opinions posted by them. The User is not entitled to any fixation, duplication, sharing, publicizing, or dissemination of content unless such a right arises from legal provisions or the Regulations,
– they are not entitled to any interference with the content, in particular, they are not entitled to interfere with the content, structure, form, graphics, operating mechanism, or other elements of the Online Store; they may not make any changes, additions, modifications, or other actions on the content other than those expressly permitted under these Regulations.
By posting content in the Online Store, including in particular photos 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 these works for an indefinite period, which includes, in particular, public sharing of the work in such a way that anyone can access it at a place and time chosen by them (Internet). The license is granted with respect to all fields of exploitation known at the time of its granting, in particular, the following fields of exploitation:
– in terms of fixation and duplication of the work – production of copies using a specific technique, including in particular digital or sound technology, i.e., using all techniques on any audiovisual or audio medium, and in particular on all forms of light-sensitive, magnetic, analog, computer, digital, multimedia, video, audiovisual disks, cassettes, compact discs, computer disks, in a multimedia network (including internet, intranet, and related online services) and duplication, fixation, use on the Internet, television, radio, advertising, duplication in electronic form in computer memory and in internal and external networks,
– in terms of trading the original or copies on which the work was fixed, introduction to trade, lending, or leasing of the original or copies;
– using the whole or fragments or any elements of the work in all publications, in the press, in book, album, digital publications, including on the internet, in bulletins and guides, alone or in combination with other works or fragments of works; using in whole or in part for promotion and advertising, in particular in the form of audiovisual, audio, media advertising,
– in terms of disseminating the work in a manner other than specified in points 2 and 3 above – public performance, exhibition, display, reproduction, and broadcasting and re-broadcasting, as well as public sharing of the work in such a way that anyone can access it at a place and time chosen by them.
It is forbidden for the User to post content that could, in particular:
– be posted in bad faith, e.g., with the intention of violating the personal rights of third parties;
– 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;
– be offensive or constitute a threat directed at other people, contain vocabulary violating good manners (e.g., by using vulgarisms or terms commonly considered offensive);
– be contrary to the Seller’s interest;
– violate other provisions of the Regulations, good manners, applicable law, social norms, or customs in any other way.
The User undertakes not to post content containing links to external websites that are promotional or advertising in nature or contain personal data of third parties.
If the User or another person or entity believes that the content published on the Online Store’s Website violates their rights, personal rights, good manners, feelings, morality, beliefs, principles of fair competition, know-how, a secret protected by law or under an obligation, they may notify the Seller of potential infringement.
The Seller reserves the right to remove content posted by the User if it does not meet the requirements specified in § 16 of the Regulations.

§17 Out-of-Court Ways of Handling Complaints and Pursuing Claims

Detailed information on the possibility for the Consumer to use out-of-court complaint handling and claim enforcement methods and the rules for accessing these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, 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_indywidualne.php
http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer has the following exemplary possibilities to use out-of-court complaint handling and claim enforcement:
– The Consumer is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000, on 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 apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
– The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Association of Polish Consumers).

§18 Personal Data in the Online Store

The administrator of personal data of Customers collected through the Online Store is the Seller.
The personal data of Customers collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer consents to it – also for marketing purposes.
The recipients of personal data of the Online Store’s Customers may be:
– Accounting offices handling the Seller.
– In the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out shipments on behalf of the Administrator.
– In the case of a Customer who uses electronic payments or a payment card in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
The Customer has the right to access the content of their data and to correct it.
Providing personal data is voluntary, although failure to provide the personal data specified in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this agreement.

§18a Agreement for 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 “Controller”).
The Parties have concluded this Entrustment Agreement considering that:
– The Licensee downloads the Fotillo software from the Seller’s website,
– Photos taken using the Fotillo software are stored on servers that are at the Seller’s disposal and belong to Zenbox sp. z o.o. with its registered office in Częstochowa, NIP: PL949-219-10-21, REGON: 242888558, KRS: 0000414281, and depending on the Controller’s choice, photos may also be stored in the “sent messages” folder on the Zenbox mail account, which is at the Processor’s disposal,
– The purpose of the Entrustment Agreement is to determine the conditions under which the Processor performs personal data processing operations on behalf of the Controller.
By concluding the Entrustment Agreement, the Parties seek to regulate the principles of personal data processing in a way that fully complies 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 free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter “GDPR.”
Under the terms of the Entrustment Agreement, the Controller 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 relates: persons appearing in photographs taken using the Fotillo program.
Processing activities that may be performed in relation to Personal Data include: collection, organization, storage, retrieval, disclosure by transmission, sharing, restriction, deletion.
The Processor may entrust specific processing operations of Personal Data to other data processors.
In processing Personal Data, the Processor is obliged to comply with legal regulations and the provisions of the Entrustment Agreement.
The Processor ensures the protection of Personal Data and takes data protection measures as referred to in Article 32 of the GDPR, in accordance with further provisions of the Entrustment Agreement.
The Processor is obliged to promptly inform the Controller of:
– all circumstances affecting the protection and security of Personal Data,
– the initiation of control or administrative proceedings by the supervisory authority,
– administrative decisions or rulings issued by the supervisory authority relating to the entrusted Personal Data,
– the filing of a complaint, request, question, and other statements addressed to the Processor concerning the Data.
The Controller declares that it is the administrator of Personal Data and that it is entitled to process them to the extent that it has entrusted them to the Processor. If the Personal Data does not belong to the Controller – the Controller declares that it has obtained the consent of the person to whom the Personal Data relates and has informed the said person about the processing of their Personal Data by the Processor.
The Controller is obliged to cooperate with the Processor in connection with data processing under this Agreement.
The Controller declares that it is aware that it has an obligation to fulfill the information obligation towards the persons to whom the Personal Data relates and to inform that their Personal Data will be processed by the Processor.
The Entrustment Agreement has been 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 it.
Upon termination of the Entrustment Agreement, the Processor is obliged to delete the 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 themselves with the technical requirements of the hardware on which the Software is to be installed.
The Licensee will install the Software in accordance with the instructions received from the Licensor after making the payment.
The Licensee may use the Software on more than one computer workstation.
The Licensee will not interfere with the source code of the program, decompile files, or independently change the way the program operates. Any attempts to make changes will be treated as a copyright infringement, punishable by a fine of 500,000 PLN.
The Licensee accepts additional License terms in the case of downloading Fotillo Software for photo booths along with all add-ons.

§20 Final Provisions

Agreements concluded through the online store are concluded in Polish.
The Seller reserves the right to make changes to the Regulations for valid reasons, namely: changes in legal regulations, changes in payment methods and deliveries – 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 provision of the Regulations is found to be invalid, contrary to legal regulations, or unenforceable, it will be excluded from the provisions of the Regulations, which does not affect the validity and applicability of the Regulations in the remaining part.
In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights; the Act on the protection of personal data.
Any disputes that may arise in connection with the Sales Agreement concluded between the Consumer Customer and the Seller on the terms specified in the Regulations will be resolved by the competent common court. Any disputes arising between the Seller and the Customer being an Entrepreneur are submitted to the court competent for the Seller’s registered office.