§1 Basic definitions
§2 General provisions
§3 Terms and conditions of the services provision
§4 Terms and Conditions and Copyright
§5 Order execution
§7 Payment methods
§10 Complaint procedure
§12 Out-of-court procedures for dealing with complaints and claims
§13 Provisions for entrepreneurs
§14 Final Provisions
Dear Customer, these Regulations regulate the method of concluding sales contracts via the above-mentioned website, the rules for the implementation of these contracts, including delivery, rights and obligations under applicable law and the procedure for withdrawing from the contract and complaint procedure. The Regulations consist of four main parts:
§ 1 to 3 – general provisions of these Regulations;
§ 4 to 7 – description of the process of purchasing the Goods / Services;
§ 8 to 12 – regulations related to the defectiveness of the Goods / Services as well as the right to withdraw from the contract;
§ 13 to 14 – all other regulations.
§1 Basic definitions
Online store – HousePlansDIY.com
Seller – Oxie Dawid Potera, Tax Identification Number (NIP) 781-161-54-72,
Seller’s address – whenever the Regulations refer to the Seller’s address, it means the following data:
headquarters: ul. Stefańskiego 14B/3, 62-622 Suchy Las (Country – Poland) REGON: 634570028
e-mail address: office @ houseplansdiy. com
Client – a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, which has concluded or intends to conclude a sales contract.
Consumer – art. 221 of the Civil Code: a natural person who performs a legal transaction with the Seller not directly related to its business or professional activity.
Sales contract – a contract for the sale of a Product posted on the website of the above-mentioned Online Store, concluded, or concluded between the Customer and the Seller via the Online Store.
Goods – a Product, an electronic item that the Customer purchases via the Online Store, i.e. The ordered design in a complete set consisting of copies of architectural and construction designs made in accordance with the provisions of the Construction Law and other technical and construction regulations in force on the day of their development – sale mainly in countries with the official English language, documentation is prepared in this language.
Order – Customer’s declaration of intent, submitted via the Online Store, specifying: the type and quantity of the Goods in the Online Store’s assortment at the time of placing the order, method of payment, method of delivery of the Goods, place of issue of the Goods and customer data.
Order form – an electronic service, a form on an electronic medium available in the Online Store, enabling the submission and execution of an Order, including by adding Products to the electronic basket, and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Order fulfillment time – the time in which the order placed by the Customer of the Online Store will be completed and sent to the selected e-mail by the Customer.
Workday – every day from Monday to Friday, excluding public holidays in Poland.
Consumer Rights Act – Act of 30 May 2014. on consumer rights (Journal of Laws of 2014, item 827 as amended).
§2 General provisions
The seller declares that he complies with all the required rules for architectural designs, they are prepared in accordance with art and by persons having full professional rights of an architect. The seller is not responsible for deviations from the projects at the stage of their implementation, the client takes full responsibility for the implementation phase.
By placing an order in the Store, the Customer can read the Regulations, accepting its content by marking the appropriate field in the form. To complete the order, it is necessary to accept the provisions of the regulations.Please be advised that the conclusion of the Sales Agreement via the Internet and acceptance of the regulations entails the obligation to pay for the ordered Goods.
The data controller applies appropriate technical and organizational measures to ensure the protection of personal data, adequately to the risks and categories of protected data. First, it protects data against disclosure, removal, processing, loss, alteration, damage, or destruction by unauthorized persons. The detailed scope of protection has been regulated in accordance with the requirements of the Personal Data Protection policy (security policy, personal data protection regulations, IT system management instruction).
The administrator of your personal data is Oxie Dawid Potera, ul. Stefańskiego 14b/3, 62-002 Suchy Las (Country – Poland), Tax Identification Number (NIP) 781-161-54-72, e-mail: office @ houseplansdiy. com
Each person whose data is processed has the right to:
supervise and control the processing of personal data for which the seller keeps a collection of customer data of the above-mentioned store;
obtain comprehensive information whether such a collection exists and is maintained by the seller;
determine who is the data administrator, determine his address, seat, name, in a situation where the administrator is a natural person, to determine his name and place of residence;
obtain information about the purpose, scope, method, and time of processing the data contained in such a set;
obtain information in a commonly understood form of the content of such data;
get to know the source from which the data concerning him originate, unless the data controller is obliged to keep secret classified information or professional secrecy in this respect;
request to supplement, update, or correct their personal data, temporarily suspend or remove the data if they are incomplete, outdated, untrue or collected in violation of the law or are no longer necessary for the purpose for which they were collected.
In accordance with point 6, the customer has the right to inspect the content of personal data being processed, correct them, and request deletion of this data. The personal data administrator is obliged to supplement, update, rectify data, temporarily or permanently suspend processing or remove them from the set on an ongoing basis and immediately after notification, unless the request concerns personal data, for which the procedure for supplementing, updating or rectifying them is specified in separate legal provisions, including the act.
In the process of finalizing the order, the Customer agrees to the collection and processing of personal data by the Seller within the meaning of the Personal Data Protection Act. Data may be transferred to another entity only if legally required or necessary for the execution of the order.
The Customer may agree to receive advertising and commercial information from the Seller by electronic means by subscribing to the NEWSLETTER.
The customer using the Seller’s Services provided via the Online Store is obliged to comply with these Regulations to the extent necessary to complete the order and is not contrary to applicable law and the principles of social coexistence.
The Online Store Seller declares that the Goods available and sold in its Online Store are new, usable, safe, and free from physical and legal defects. The goods fully correspond to the properties that are displayed and described on the Online Store website.
Local law is always applicable to the architectural requirements of the ordered projects.
The Seller carries out orders on the territory of Poland and orders placed by Consumers in Europe and from around the world.
The seller prepares documentation and projects mainly in English and for countries where this language is the official language (documentation is also available in Polish). Projects are prepared according to architectural principles and in accordance with art. Self-construction of a house and the implementation of projects may be subject to errors for which the Store is not responsible.
All Goods on sale in the Online Store have been introduced to the Polish market in a legal and legal manner. Information regarding the Goods on the Online Store website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of April 23, 1964 of the Civil Code.
All prices of Products / Goods / Services listed on the Online Store website are given in USD (US dollar), they are gross prices including VAT, customs duties and other components imposed by law.
If the customer purchases a product or service in a country where the seller is required to pay national, state or local sales or use taxes, VAT or other similar taxes on transactions (“Transaction Taxes”) as required by applicable law, we will collect Taxes on the transaction and remit them to the competent tax authorities on the sale. We may increase the selling price at our sole discretion if we determine that such taxes may be due. For purchases made via mobile applications, the relevant Transaction Taxes are collected by the mobile platform (e.g. App Store from Apple or Google Play).
NOTE: The prices of the Goods provided on the Online Store website do not include delivery costs, they are added only at the stage of choosing by the Customer the method of delivery of the ordered Goods.
An entrepreneur running a sole proprietorship, if he makes a purchase that is not related to his business, has the right to withdraw from the contract within 14 calendar days from the moment the Customer or a third party designated by him other than the carrier takes possession of the Goods.
Reminder. Due to the new provisions of the Civil Code, the legislator also planned to add Art. 38a to the Act on consumer rights, which will allow sole proprietorships to use the 14-day right of return – as follows: “Art. 38a The provisions on the consumer contained in this chapter shall apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that he does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.”
Art. 556 (4) of the Civil Code. The provisions concerning consumers contained in this section, with the exception of Art. 558 § 1, second sentence, shall apply to a natural person concluding a contract directly related to his economic activity, when the content of this contract shows that he does not have a professional character for that person, resulting in particular from the subject of his economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity
Verification of whether a given activity is of a professional nature will be carried out based on CEiDG – Central Register and Information on Economic Activity – and specifically on the PKD codes entered therein defining the types of economic activity.
Self-employed entrepreneurs will be authorized to:
prohibited points used in contract templates;
warranty for defects in the sold item;
recourse claims against the previous seller in connection with the consumer’s complaint;
the right to withdraw from a distance or off-premises contract within 14 days;
The consumer provisions contained in Art. 385 (1) -385 (3) of the Civil Code [concerning prohibited contractual provisions] shall apply to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional character for it, resulting in particular from the subject of economic activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
New Art. 385 (5) of the Civil Code applies only to prohibited contractual provisions (abusive points). The provisions on abusive points will be applied to sole proprietorships after January 1, 2021. The catalog of examples of twenty-three abusive points is included in Art. 385 (3) of the Civil Code. On the other hand, in the current version of the register of abusive points kept by the President of UOKiK.
The new regulations will apply to contracts concluded in Art. 62 In the Act of July 31, 2019 amending certain acts to limit the regulatory burdens (Journal of Laws, item 1495) makes the following amendments:
Provisions of art. 385 , art. 556 , art. 556  and Art. 575  of the Act changed in art. 1 shall not apply to contracts concluded before 1 January 2021.
The provision of art. 38a of the Act changed in art. 55 shall not apply to contracts concluded before 1 January 2021.
Entrepreneurs running a sole proprietorship will still not be able to benefit from the assistance of institutions supporting consumers in protecting their rights, including the assistance of Poviat / Municipal Consumer Ombudsmen or the Office of Competition and Consumer Protection.
§3 Terms and conditions of the services provision
This Online Store provides services via electronic means, the condition for joining the contract is, first, completing the online order form to conclude a sales contract. Joining the contract is voluntary.
The contract for the provision of services is concluded electronically in the form of enabling the Customer to fill in the order form, the contract is concluded for a definite period of time when the Customer proceeds to fill in the form and is terminated when the form is not completed or the completed form is sent to the Seller. The process of completing the order form is organized so that each customer can read it before deciding to conclude a contract or change the contract.
The service specified in point 1 is provided free of charge but may require access to the Internet.
An electronic order can be placed 24 hours a day, 7 days a week.
When finalizing the purchase, the customer selects the option “I consent to the processing of my personal data contained in the order form by the store for the purpose and scope necessary to complete the order.” – it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the contract.
Requirements necessary to use the services provided by the Seller of the Online Store:
a device with access to the Internet,
a web browser that supports cookies, for example:
access to e-mail.
The Customer’s costs related to Internet access and data transmission are borne solely by the Customer in accordance with the tariff of his supplier with whom the customer has signed a contract for the provision of Internet services.
§4 Terms and Conditions and Copyright
To conclude a valid and binding party to the Sales Agreement, the Customer selects in accordance with the displayed offer, specifying the quantity of the Goods he intends to purchase and, if possible, indicating the features of the ordered Product and its specification accordingly. Together with the selection of the Goods, the Customer completes the online order form, indicating the data necessary for the Seller to perform the order, such as, for example, quantities, place of delivery and payment methods, based on the messages and information displayed to the Customer available on the website and contained in these Regulations.
After finalizing the contract, the client receives a draft documentation consisting of two parts.
The descriptive part in the electronic version consists of:
an architectural description including description of the solutions adopted, summary of the area (usable, built-up, net, total), cubic capacity and area of individual rooms – electronic version
a construction description containing, among others description of the materials from which the structural elements are made, the method of their execution, a list of accepted data for static calculations – electronic version
The drawing part in the electronic version includes, among others:
the foundation plans
utility floor plans (ground floor and, if any: attics, floors, basements)
detailed projections of utility floors (on an enlarged scale)
the projection of the roof truss
detailed drawings of the roof truss
transverse and possibly longitudinal sections
list of window and door joinery
construction plans of individual floors
drawings of all necessary structural elements such as lintels, binders, columns, staircase, and others
combinations of timber for truss and construction steel
All ready-made house and garage designs presented on the websites are available in electronic version
The Seller reserves the right to withdraw individual architectural designs from the offer at any time without giving reasons.
The Seller reserves the right to constantly improve the designs presented in the offer, therefore there may be slight differences between the designs presented in the proprietary catalogs and the online store and their technical documentation.
Moreover, we would like to inform you that the finished project may be used for the implementation of the investment after it has been adapted to the local conditions and regulations as well as the possible requirements of the investor. The author of the adaptation is responsible for the scope and correctness of the project adaptation and its compliance with applicable standards and regulations on the day of submitting the project to the office to receive the building permit. The obligations arising from the performance of the designer function within the meaning of the Construction Law Act are assumed by the author of the adaptation.
The Store declares that according to the provisions of the Act of February 4, 1994 on copyright and related rights (Journal of Laws of 1994 No. 24, item 83 as amended) is the creator of the work, i.e. projects posted on the store’s website, hereinafter referred to as works.
The Store does not transfer the economic copyrights to the work to the Buyer. The store is the sole owner of copyrights in the following fields of use:
in the field of recording and reproducing the work, including the reproduction of the source code,
in terms of trade in the original or the copies on which the work has been recorded,
within the scope of publicizing the work in a manner other than specified in point 2 – performing in public, exhibiting, displaying, reproducing, and broadcasting and re-emitting, as well as making the work publicly available in such a manner that everyone may have access to it at a place and time they choose,
in respect of dissemination on the Internet and in closed networks,
broadcasting via audio or video, wireless (terrestrial and satellite) or wired, in any system and standard, including cable networks and digital platforms,
the right to define the names of the work under which it will be used or distributed, including trade names, including the right to register for yourself the trademarks with which the work will be designated or the trademarks used in the work,
the right to use the work for marketing or promotion purposes, including advertising, sponsorship, as well as to mark or identify products and services and other activities, as well as objects of its property, as well as for educational or training purposes.
In the event of the appearance of a new field of use, unknown at the time of concluding the contract, the parties undertake to amend the content of the contract covering the new field of use free of charge.
The source code of the work and the graphic design are constantly modified and updated as part of the performance by the Author.
If the Seller provides the option of ordering the Goods, the properties of which are that they are made to the individual order of the Customer, the Customer sends, along with the online order form, the content necessary to perform the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements included in the description of the Goods or selects the appropriate specification of the Goods from the variants of the available configuration options provided by the Seller.
Immediately after receiving the order, the Seller shall send the Customer by e-mail to the e-mail address provided when placing the order, a declaration of acceptance of the order, which is also its confirmation. Upon receipt of the message by the Customer, a sales contract is concluded.
The message summarizing and confirming the order contains all the previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, its specification in the case of ordering Goods with individual properties specified by the Customer of the Online Store, the total price to be paid (specified in USD) including delivery costs and the amount of discounts granted (if applicable).
In the event of modifying projects due to local law (applicable to the person purchasing the project), it is possible to introduce corrections by persons with appropriate permissions for which the online store is not responsible. In the event of differences in the design with the requirements of local law, the local law is always applicable and the Online Store is not responsible in this case for compliance with the design without taking into account the appropriate corrections, changes and additions.
If the Customer has more discounts from several sources / promotions, they are subject to aggregation / summation only when it is clearly specified in the Promotion Regulations. If there is no provision as to the method of combining various promotions / discounts, only one discount (one promotion) can be selected for a given purchase.
§5 Order execution
The seller reliably carries out the customer’s orders in the order in which they are received – each order is a priority and very important for us!
The order fulfillment time for a single Customer is 72 working hours from the date of sending the Order by the Customer. In the case of products marked with ‘on request’ availability, the delivery time is specified on the product page. The download link will expire after 72 hours.
In the event of exceptional circumstances or the inability to execute the order in the indicated in point 2, the Seller shall immediately contact the Customer in order to determine the further course of action, including setting a different date for the contract, changing the method of delivery.
The Goods are delivered via the download option from the store’s website.
The ordered goods are delivered in an electronic version. After paying for the order, a link to download the project / instruction / video will be sent to the email address depending on the customer’s order.
The delivery cost of the electronic version is free. Otherwise, the Customer is informed about the delivery costs on an ongoing basis, they are provided when the Customer completes the online order form. The amount of shipping costs depends on the country to which the order is sent, the quantity of ordered goods, their weight, and the method of shipment.
§7 Payment methods
Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online transfer of electronic banking via the online payment service PayU, PayPal, Przelewy24, Google Pay, Apple Pay, Credit cards
The Seller documents the sale of the Goods with a VAT invoice. A proof of purchase in the form of a VAT invoice is delivered to the Customer together with the ordered Goods in an electronic version and will be sent to the e-mail address provided during the order. The Seller may issue a VAT invoice for all Goods ordered in the Online Store.
Delivery of the Goods under the warranty for defects is at the expense of the Seller.
The Seller is liable under the warranty if a defect is found within two years form the day of the Goods being released to the Consumer. The Seller is liable to the Consumer if the Consumer Goods at the time of its release were inconsistent with the contract, have physical and legal defects. The Seller is responsible for the non-compliance of the Consumer Goods with the contract if it is found before the expiry of two years from the release of the Goods to the Buyer, and in the event of replacement of the Goods, this period starts anew. A physical defect consists in the non-compliance of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:
it has no properties that this kind of thing should be to the purpose indicated in the contract or arising from circumstances or destination;
does not have properties that the Seller has provided to the Buyer, including by presenting a sample or pattern;
it is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;
it was delivered to the Buyer incomplete.
The notification of defects in the Goods should be sent by e-mail to the Seller’s e-mail address or in writing to the Seller’s mailing address (see §1 point 3: “Seller’s address”). If the consumer has difficulties and does not know how to construct a notification of defects in the Goods, the notification may be sent, for example, on the form constituting Annex 2 to these Regulations, which only facilitates the complaint process, does not constitute any requirement to use the above-mentioned template for effectiveness complaints.
If it is necessary for the correct assessment of the physical defects of the Goods, upon request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller’s registered office (see §1 point 3: “Seller’s address”) as soon as the Product properties allow it.
The Seller shall respond immediately to the Consumer’s notification, but not later than within 14 calendar days from the date of its receipt. Failure to consider the application within the specified time limit is tantamount to its consideration by the Seller and recognizing it as justified.
In accordance with the law, the Customer who is a Consumer pursuant to art. 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827 as amended) on consumer rights, you have the right to withdraw from a distance contract without giving any reason.
According to the article 38 point 13 of the Act on consumer rights – “for the supply of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.” – in such a situation, the right of withdrawal is not applicable.
The right to withdraw from the contract is granted within 14 calendar days from the moment the Goods are taken over by the Customer who is also a Consumer, or a third party indicated by him other than the carrier.
When the Customer who is a Consumer withdraws from the contract, the contract is considered void and the Consumer is then released from any obligations. The services rendered by the parties shall be returned in an unchanged form unless the change was necessary within the limits of ordinary management. The return should take place immediately, not later than within 14 days.
The Client, who is a Consumer, may withdraw from the contract by submitting a declaration on the online form constituting Annex 1 to these Regulations, by sending it by e-mail or to the Seller’s mailing address at the Customer’s choice. Annex 1 is only an aid in withdrawing from the contract, it is not a template necessary to exercise the right to withdraw from the contract. The client may or may not use it. For effective withdrawal, it is sufficient to send a written statement to the address of the Seller.
To meet the deadline specified in point 2, it is enough to send the Customer’s declaration of withdrawal from the contract before its expiry.
The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract and will inform the Customer accordingly about further proceedings, including the method of returning the Goods, and will provide an answer if any questions.
The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the Customer’s declaration of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the goods. Seller shall refund payments using the same method of payment, which the Client used, unless the Client has expressly agreed to a different way of return the payment, which does not include any costs for him or her.
If the Seller, after obtaining the consent from the Customer, did not undertake to collect the Goods from him, the Seller may withhold the reimbursement of payments received, including delivery costs, until the Goods are returned or the Customer provides proof / confirmation of its return, in whichever occurs first.
The Customer is obliged to return the item to the Seller or hand it over to the person authorized by the Seller immediately, but not later than within 14 calendar days from the day on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To comply with the deadline, it is enough to send back the Product before its expiry.
The Client who is a Consumer bears only the direct costs of returning the Goods.
The consumer has the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, Art. 34 of the Consumer Law.
The goods should be delivered to the Seller’s address (see §1 point 3: “Seller’s address”).
The Consumer is liable for the decrease of the Product’s value because of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. This means that the Buyer has the right to evaluate and check the Goods, but only in such a way that he could do it in a stationary store (i.e. check its completeness and technical parameters). The consumer cannot use the goods normally, otherwise, withdrawing from the contract, he may be charged with additional costs due to the reduction of its value.
The right to withdraw from the contract is not entitled to the customer in relation to the contracts specified in art. 38 of the Act of May 30, 2014 on consumer rights, including in situation:
Provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer who has been informed prior to the execution of the service that after the entrepreneur completes the service, he loses his right to withdraw from the contract;
where the price or remuneration is determined by fluctuations in the financial market over which the Entrepreneur does not exercise control and which may occur prior to the expiration of the period for withdrawal from the Contract;
when the subject of the agreement is not a standard product, but a product manufactured according to the Customer’s specifications or to meet his individual needs;
in which the subject of the contract is the provision of a rapidly decaying product or a product having a short shelf life;
for which the subject of the contract is a product delivered in a sealed package, which cannot be returned after opening the package for health protection or hygienic reasons if the packaging has been opened after the delivery;
when the subject of the agreement is a product, which after delivery, because of is nature, is inextricably connected to other things.
§10 Complaint procedure
For the correct submission of a complaint, the Customer should provide his data such as: name and surname or company name, address of residence or registered office address and e-mail address, subject of the complaint, if possible order number along with an indication of the period of time to which the complaint relates and the circumstances justifying submitting a complaint (description of what it consists of) or what features the ordered product does not have, and according to the Seller’s assurances or according to the method of presenting it to the Customer, it was supposed to have.
If the Customer is a Consumer, he may request the replacement of the Product with one that is free from defects instead of the one proposed by the Seller, removal of the defect or instead of replacing the Product, demand removal of the defect, unless it is impossible to bring the goods into compliance with the contract in a manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess costs, the value of the Goods free from defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would otherwise be exposed are considered.
Unless separate provisions provide otherwise, the entrepreneur is obliged to respond to the consumer’s complaint within 14 days from the date of its receipt. If the entrepreneur has not responded to the complaint within the period referred to above, it is considered that the complaint has been accepted. The entrepreneur provides the consumer with a response to the complaint on paper or other durable medium (e.g. USB stick or CD / DVD, in response to the complaint.)”
If the application is not processed within the specified time limit, it should be considered as considered by the Seller. The claim to withdraw from the contract, if it is not processed on time, does not constitute acceptance of the submitted complaint
By posting any content and making it available, the Customer voluntarily disseminates it. The seller is not a content provider and does not identify with it in any way, it is only an entity that provides ICT resources. The Customer declares that:
is entitled to use and share the content of proprietary copyrights, industrial property rights or related rights posted by them;
placing and sharing as part of the services, personal data, image, information regarding persons other than the Customer took place in a lawful, voluntary manner and with the consent of the owners of the content they concern;
accepts access to the information, data, images, and other content published by him by the other Customer and the Seller, allows the Seller to use them free of charge;
they consent to preparation, modification, and interpretation of works within the meaning of the Copyright and Related Rights Act.
The Customer is not entitled to:
posting personal data of third parties, disseminating the image without the required permission or consent of the third party to whom the data relates;
posting advertising and / or promotional content inconsistent with the purpose of the store’s activity.
It is forbidden for the Customer to post any content that could, in particular:
with an intention to infringe personal rights of third parties;
posted in bad faith or that could be considered as such;
violate the rights of third parties, copyrights, related rights, industrial property rights, business secrets or those covered by the confidentiality point, especially those defined as secret or top secret;
posting offensive or threatening content to other people, statements commonly considered offensive, e.g. profanity;
violate the legitimate interests of the Seller;
sending or posting unsolicited commercial information (spam) as part of the Online Store;
otherwise violate decency, applicable law, social or moral norms.
If a notification is received by a third party, an authorized person or a state authority, the Seller reserves the right to modify or delete the content posted by the Customer, if it is found that they may constitute a violation of these Regulations or applicable law. The seller does not control the posted content on an ongoing basis.
The customer should pay particular attention to the following provisions of these Regulations:
§ 2 point 3, 8, 10 and 11
§3 point 5 and 6
§4 point 1
§7 point 4
§8 point 2, 3
§9 point 1, 2, 3, 4, 5, 10, 11 and 12 and 13
§14 – whole
The specified provisions of the Regulations contained in point 5 and identified as being of particular importance, are only intended to help the Client understand these regulations more precisely. It does not in any way diminish the other regulations contained in these Regulations and not included in point 5 in letters a to g.
§12 Out-of-court procedures for dealing with complaints and claims
Information on extrajudicial methods of dealing with complaints and redress, as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) Consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and under the following the addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php,www.uokik.gov.pl/sprawy_indywidualne.php
The Customer has, inter alia, the following possibilities of using out-of-court procedures for dealing with complaints:
a) Asking the Provincial Inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute.
b) applying to the permanent amicable consumer court operating at the Provincial Inspector of Trade Inspection with a request to resolve a dispute arising from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php.
c) requesting free legal aid, e.g. to the Consumer Federation – website address: www.federacjakonsumentow.org.pl.
The Network of European Consumer Centers helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl.
The consumer may also use the platform of the online dispute resolution system (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform is one common access point for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded website sales contracts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
The use of non-judicial means of dealing with complaints and pursuing claims is voluntary and may take place only when both parties, i.e. Seller and Customer, agree to it.
§13 PROVISIONS FOR ENTREPRENEURS
The regulations and provisions in this paragraph 13 apply only to Customers and Service Users who are not consumers.
The seller reserves the right to withdraw from the sales contract concluded with a non-consumer customer within 14 calendar days from the date of its conclusion. Withdrawal from the sales contract may take place without giving a reason and may not give rise to any claims on the part of the non-consumer customer against the seller.
In the case of customers who are service recipients and are not at the same time consumers, the service provider may terminate the contract for the provision of Electronic Services with immediate effect, even without giving reasons, provided that he has sent the customer a relevant statement.
The Seller has the right to limit the available payment methods to several or one, for individual or all goods. The seller may require prepayment in full or in part, regardless of the chosen method of payment and the fact of concluding the sales contract.
The risk of accidental loss or damage to the product passes to the buyer when the seller delivers the ordered product to the carrier. As soon as the ordered product is delivered to the carrier, all benefits and burdens related to the goods are also transferred to the non-consumer customer. In such a case, the seller is not liable for loss, defect, damage from the moment the carrier accepts it until it is delivered to the customer.
The customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If he finds that there has been a loss or damage to the product during transport, he is obliged to perform all actions necessary and necessary to determine the liability of the carrier.
The seller informs that in accordance with art. 558 § 1 of the Civil Code Seller’s liability under the warranty for the product to the Customer who is not a consumer is excluded.
The seller’s liability is limited to a single claim and for all claims in total up to the amount paid. The seller is liable only for typical damages predictable at the time of concluding the contract and is not responsible for lost profits.
Any disputes between the online store and the non-consumer customer shall be submitted to the court having jurisdiction over the seat of the seller.
§14 Final Provisions
The online store honors all rights of customers provided for in the provisions of applicable law.
If the applicable law grants Customers who are consumers more favorable mandatory and legally required regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific standards of the applicable law and are therefore binding on the above-mentioned owner.
All content posted on the Online Store website (including graphics, texts, page layout and logos) benefit from copyright protection and are the sole property of the Seller. The use of this content without the written consent of the Seller shall result in civil and criminal liability.
We declare that we have acquired all rights to all content posted on this Online Store and posted on each portal and each page or subpage attached to the store. We are the owners of all content, content and materials posted on them, in particular:
The right to use and dispose of, to the fullest extent permitted by law, and we have acquired all rights to the works of our subcontractors and other subcontractors, in all fields of use.
We have been assigned the rights to exercise derivative copyrights, to compile the work, and to exclusively authorize the exercise of derivative copyright, including the use and disposal of the work. Subcontractors and downstream subcontractors further stated that
they are entitled to exclusive and unlimited copyright (personal and property rights) to the Work;
we can dispose of copyrights to the work to the extent necessary to conclude and perform a previously concluded contract;
our economic copyrights to the work and have not been seized within the meaning of the provisions on enforcement proceedings;
the pieces were performed by them personally;
the works are not a development, modification, or adaptation of someone else’s work;
we can use this work without fear of possible claims of third parties.
Infringement of our copyrights will be severely punished.
The store owner, as the personal data administrator, informs you that:
data submission is always voluntary, but necessary for the implementation of the Order;
the person providing their personal data has unlimited access to all content of their data and rectification, deletion (the right to be forgotten), processing restrictions, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, data they may, however, be made available to the competent state authorities when required by the relevant regulation.
The basis for the processing of personal data will be Art. 6, section 1, point a) and the content of the general regulation on data protection.;
personal data will be stored and processed for the period necessary to complete the processing and performance of the order, but not longer than for 3 years (2 years is the complaint period and 1 year for any other claims and exceptional circumstances)
the person providing their personal data has the right to lodge a complaint with the Personal Data Protection Office when they consider that the processing of personal data regarding the performance of the contract violates the provisions of the general regulation on the protection of personal data of April 27, 2016;”
In terms of the processing of personal data of this store, an appropriate level of protection has not been determined by the European Commission by way of a decision, but the data will be properly secured by means of IT / legal solutions and measures.
Your data will be processed in an automated way, including in the form of profiling.
In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply, in particular:
Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271 as amended).
The Act of 27 July 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws of 2002, No. 141, item 1176, as amended).;
Act of April 23, 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93 as amended);
Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422);
Act of June 30, 2000. Industrial Property Law (Journal of Laws of 2001, No. 49 item 508 as amended);
Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2006, No. 90, item 631, as amended),
Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827)
The amended Terms of Sale shall be binding on the Customers if the requirements specified in Art. 384 of the Civil Code (i.e. The customer has been properly notified of the changes).
The Seller reserves the right to amend the Regulations for important reasons, that is:
changes in the law;
changes in payment and delivery methods;
currency exchange rate,
changes in the method of providing services by electronic means covered by the regulations,
changes to the Seller’s data, including e-mail address and telephone number.
Amendments to the regulations do not affect the placed and already implemented orders, the regulations in force at the time of placing the order shall apply to them. The seller informs about the intended change on the store’s website at least 30 days in advance. If the amended regulations are not accepted, the Customers may terminate the contract with immediate effect within 30 days of receiving the message.
Disputes arising because of the provision of services under these Regulations will be submitted to the General Court at the choice of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.
Annexes to the Regulations are its integral part.
The Sales Agreement shall be concluded in Polish, with content compliant with hereby Regulations.
Customers of the above-mentioned store can access these Regulations at any time via the link on the main page of the website and download it and print it out, however, commercial use is protected by the LEGATO Law Office.
Regulations come into force on …………………….
Note on copyright to the Sales Regulations
The owner of all material copyrights to the template of these Sales Regulations is the LEGATO Law Firm, which has granted this store a non-exclusive and non-transferable right to use these Sales Regulations for purposes related to its own commercial activity on the Internet and extends legal protection to the above-mentioned document for the duration of the contract. Copying and distributing the template of these Sales Regulations without the consent of the LEGATO Law Firm is prohibited and may be subject to both criminal and civil liability. Online sellers can find out more about the possibility of using the template of the Sales Regulations at http://www.kancelaria-legato.pl/