TERMS AND CONDITIONS OF THE ONLINE STORE
PRESTASHOW.PL FOR ENTREPRENEURS
TABLE OF CONTENTS:
1 General provisions
2. electronic services in the online store
3. terms and conditions of concluding a sales contract
4. methods and terms of payment for the product
5. cost, ways and timing of delivery of the product
6. the right to use the seller's works (license)
7. reclamation of the product
8. additional provisions
9. final provisions
1. GENERAL PROVISIONS
1.1. The Internet Shop available at the Internet address www.prestashow.pl is run by ARTUR DOBRZYŃSKI conducting business activity under the name LAYERSSHOW ARTUR DOBRZYŃSKI entered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: business address and address for delivery: ul. Józefa Szanajcy 14/52, 03-481 Warsaw, NIP: PL 1132419179, REGON: 147477308, e-mail address: email@example.com.
1.2 These Regulations and the Online Store are addressed exclusively to entrepreneurs using the Online Store (the Regulations and the Online Store are not addressed to consumers).
1.4.1. BUSINESS DAY - one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that allows creating an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart and determining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full legal capacity, for whom the use of the Website, including the conclusion of Sales Agreements, is directly related to his/her business or professional activity (i.e. not a consumer in this case); (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
1.4.6. AUTHOR'S LAW - the Copyright and Related Rights Act of February 4, 1994 (Journal of Laws No. 24, item 83 as amended).
1.4.7. ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her at the Online Store are stored.
1.4.8. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.9. PRODUCT - a template, skin, graphic style, layout, plug-in, plug-in, module or composition for the Prestashop online store available on the Online Store together with other elements, add-ons and functionalities constituting their integral part, indicated in the description of a given Product, constituting a work within the meaning of the Copyright Law and being or which may be the subject of the License Agreement between the Client and the Service Provider being the subject of the Sales Agreement between the Client and the Seller.
1.4.10. REGULATIONS - these regulations of the Online Store.
1.4.11. INTERNET SHOP - the Service Provider's online store available at the following Internet address: www.prestashow.pl.
1.4.12. SELLER; SERVICE PROVIDER - ARTUR DOBRZYŃSKI conducting business activity under the business name LAYERSSHOW Artur Dobrzyński entered in the Central Register of Business Activity and Information of the Republic of Poland conducted by the minister competent for economy, having: the address of place of business and address for delivery: ul. Józefa Szanajcy 14 lok. 52, 03-481 Warsaw, NIP: 1132419179, REGON: 147477308, e-mail address: artur---prestashow.pl
1.4.13. CONTRACT OF SALE - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Internet Shop.
1.4.14. LICENSE AGREEMENT, LICENSE - an agreement to grant a license to use a Product concluded or entered into between the Client and the Service Provider.
1.4.15. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Store.
1.4.16. SERVICER - each (1) natural person for whom the use of the Products is directly related to his/her business or professional activity (not being a consumer in this case); (2) legal person; or (3) organizational unit without legal personality, to which the law grants legal capacity - using or intending to use the Electronic Service.
1.4.17. ORDER - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - the use of an Account is possible after the Customer performs a total of four consecutive steps - (1) providing an e-mail address, (2) clicking the "Create Account" field, (3) completing the Registration Form and (4) clicking the "Register" field. In the Registration Form, it is necessary for the Customer to provide the following details of the Service Recipient: first and last name, e-mail address and password.
126.96.36.199 The creation of an Account is also possible when the Customer uses his user account on Facebook.com. In this case, the use of the Account is possible after fulfilling a total of three consecutive steps - (1) clicking on the login box on the Website page using the given service (2) logging in by the Customer to his/her user account on the given service and (3) accepting the granting of rights to the Website application thanks to which the Website application will collect the following data of the Customer on the given service: e-mail address and account ID on the given service.
188.8.131.52 The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: firstname.lastname@example.org or in writing to the address: ul. Józefa Szanajcy 14 lok. 52, 03-481 Warsaw.
184.108.40.206. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "I Confirm Order" box on the Web Store page after completing the Order Form - until this point, there is an opportunity to modify the data entered on your own (for this purpose, follow the messages displayed and information available on the Web Store page). In the Order Form, it is necessary for the Customer to select the Product(s) to be the subject of the License Agreement and to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country, assignment of the symbol/abbreviation for this address), Tax ID, e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), method of payment.
220.127.116.11 The Electronic Order Form Service is provided free of charge and has a one-time nature and is terminated at the time of placing an Order through it or at the time of earlier discontinuation of placing an Order through it by the Customer.
2.1.2 Newsletter - using the Newsletter is possible after providing in the "Newsletter" tab visible on the site of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" field. It is also possible to subscribe to the Newsletter by checking the appropriate checkbox when placing an Order - as soon as the Order is placed, the Customer is subscribed to the Newsletter.
18.104.22.168 The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: email@example.com.
2.3 The Customer is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4 Mode of complaint procedure:
2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions) may be submitted by the Customer in electronic form via e-mail to: firstname.lastname@example.org;
2.4.2 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3 The Service Provider shall respond to the complaint immediately from the date of its submission.
3. TERMS AND CONDITIONS OF CONCLUDING A CONTRACT OF SALE
3.1 The conclusion of a Contract of Sale between the Customer and the Seller shall take place after the Customer places an Order using the Order Form on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.
3.2 The price of the Product shown on the website of the Online Shop is given in PLN (Polish zloty) or EUR (Euro) depending on the Client's choice.
3.3 Procedure of Sales Agreement conclusion at the On-line Shop using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order on the Online Store in accordance with item 2.1.2 of the Terms and Conditions. 2.1.2 of the Terms and Conditions.
3.3.2. After placing an Order, the Seller shall immediately confirm its receipt, which makes the Customer bound by his/her Order. Confirmation of receipt of the Order shall be made by sending an appropriate message to the Customer's e-mail address provided during the placement of the Order, which shall contain at least a confirmation of all significant elements of the Order and the Seller's statement of receipt of the Order.
3.3. 3 Subsequently, the Seller shall accept the Order for execution immediately, not later than within 2 Business Days (the term of binding of the Order). Acceptance of the Order for execution occurs by sending an appropriate message to the Customer's e-mail address provided during the placement of the Order, containing the Seller's statement of acceptance of the Order for execution - at the moment of receipt by the Customer of this message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place through (1) making these Terms and Conditions available on the website of the Online Store, and (2) sending the Customer the e-mail message referred to in item 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the computer system of the Seller's Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:
4.1.1 Payment by bank transfer to the Seller's bank account.
4.1.2. Electronic payment and payment card payments via PayPal.com - possible current payment methods are specified on the website https://www.paypal.com/pl.
22.214.171.124 Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice through PayPal.com. Processing of electronic payments and payment cards is carried out by:
126.96.36.199.1. PayPal.com - the company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.1.3 Payments are also handled by PayLane sp. z o.o. with its registered office at 6/A3 Arkońska Street, postal code: 80-387, KRS: 0000227278.
4.2 Payment Term:
4.2.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
5. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
5.1 The Seller shall make available to the Customer the following methods of delivery of the Product:
5.1.1 Electronic shipment.
5.1.2. Electronic delivery consists in sending the Product to the Client via e-mail or making available a unique Internet link (URL) enabling downloading or making the Product available.
5.1.3. In the case of provision of a unique Internet link (URL) enabling downloading or making the Product available, the Seller shall ensure its correctness for at least 6 months from the date of provision. During this period, the Seller recommends downloading the Product and saving it digitally in the computer's memory. After this period, the Customer, if it is not possible to download the Product via a unique Internet link (URL), may apply to the Seller to make the Product available again.
5.2 Electronic delivery is free of charge.
5.3 The time limit for delivery of the Product by electronic delivery to the Customer is up to 2 Business Days after the payment is recorded in the Seller's billing account.
6. RIGHT TO USE THE SELLER'S WORKS (LICENSE).
6.1 Installation and use of the Product is conditional upon acceptance of the terms and conditions of these Terms and Conditions, including, in particular, payment due for the Product. Failure to accept the Terms and Conditions and failure to make payment prevents installation and use of the Product.
6.2 The subject of the License Agreement may be the Products available at prestashow.pl. Available Products are indicated to the Customer within the Online Store.
6.3 For the avoidance of any doubt, the Vendor indicates that the granting of the License and its scope is intended to allow the Customer to use the Product only for its own business purposes, i.e. the operation of the Online Store by the Customer. This means that outside of this scope, the Customer is not entitled to market, lend or lease the original or copies of the Copyrighted Product. One Product may be used by one Customer in one Customer's Online Store on one Internet domain, which does not limit the Seller's right to grant further Licenses to other Customers for the same Product or to the same Customer for another Online Store.
6.3.1 The Product for which the License is granted has security features based on the collection of data (including but not limited to IP address) related to the installation and use of the Product.
6.4 The Seller does not guarantee that the Product is error-free or that the Customer will be able to operate the Product without problems or interruptions.
6.5 Copyright and intellectual property rights to the Product as a whole and its individual elements, including content, graphics, works, designs and marks available within it, belong to the Seller or other authorized third parties and are protected by the Copyright Law and other provisions of generally applicable law. The protection granted to the Product covers all forms of its expression.
6.6 The structure, organization and source code of the Product is a valuable trade secret of the Seller and its suppliers. The Product is also protected by Copyright Law and by applicable international agreements. The Product shall be treated like any other work subject to copyright protection. The Customer has the right to copy the Product only within one Customer's Online Store. The Seller is not responsible for modifications made by the Customer. The Seller shall not be liable if the source code of the Product has been modified by third parties, for the operation of the Product or the inability to update the Product. The Customer agrees not to increase the functionality of the Product except as permitted by mandatory laws. Trademarks must be used in accordance with applicable laws.
6.7 The subject of the License Agreement is to grant the Customer a non-exclusive, territorially unlimited and non-transferable license to use the Product under the terms and conditions described herein. The license also includes any upgrades, modified versions, patches, additions and copies of the Product. Use of the Product means, but is not limited to, accessing, installing, uploading, copying or otherwise obtaining any benefit from the Product.
6.8 The granting of the License shall be effective upon the commencement of the Customer's use of the Product, but not before the Customer has made full payment for the granting of the License for the Product. Use of the Product is conditional upon acceptance of the terms and conditions of these Terms and Conditions and making the required payment, failure to accept and make the payment prevents use of the Product.
6.9 The use of the Product (granting of the License) is subject to payment.
6.10. The License does not authorize lending, leasing, sublicensing or lending of the Product. The License is granted only to the Customer, and only such Customer is authorized to use the Product to the extent provided herein.
6.11. Within the scope of the granted License, the Customer shall be entitled to use the Product in a manner consistent with its intended use, with the concluded License Agreement, these Terms and Conditions, and in a manner consistent with the law and good morals, bearing in mind respect for personal rights and copyrights and intellectual property rights of the Seller and third parties in the following fields of exploitation: (1) the Customer shall be entitled to install the Product in one Customer's Online Store, and (2) the Customer shall be entitled to permanently or temporarily reproduce (the Product in whole or in part for its proper use, in the Customer's Online Store. All rights other than the above not expressly granted to the Customer are reserved by the Seller, in particular the Customer is not entitled to (1) distribute the Product, including renting the Product or copies thereof; (2) sublicense the Product (including the right to authorize others to use the Product; and (3) market the Product, including lending or renting.
6.12 The Customer shall have the option, at any time and without giving any reason, to remove the Product (abandon the use of the Product) by uninstalling it. The deletion of the Product shall not release the Customer from the obligation to pay for the use of the Product or entitle the Customer to receive a refund of the payment made.
6.13. The Seller may terminate the License Agreement with immediate effect in the event that the Customer fails to fulfill or violates its provisions.
6.14. The Seller may provide the Customer with updates to the Product. In such case, the Customer will be informed about it by providing the relevant information on the Website. The Customer will be informed each time about the scope of the update and will have the opportunity to download the updated Product. If the Product is an upgrade from a previous version, the Customer must have a valid License for the previous version of the Product in order to legally use the upgraded Product, unless otherwise specified by the Vendor. The upgrade is considered part of the Product and is subject to the provisions of these Terms and Conditions.
6.15. These Terms and Conditions do not grant the Customer any rights related to the Seller's trademarks and service marks.
7. PRODUCT COMPLAINT
7.1 Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under Product warranty to the Customer is excluded.
8. ADDITIONAL PROVISIONS
8.1 The Service Provider/Seller's liability to the Customer/Client, regardless of its legal basis, shall be limited - both as a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient/Customer.
8.2 The Seller shall have the right to withdraw from the Sales Agreement concluded with the Customer within 30 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
8.3 The Seller may terminate the Agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending the Customer an appropriate statement.
8.4. the Vendor shall have the right to withdraw from the License Agreement concluded with the Customer within 30 calendar days from the date of its conclusion. Withdrawal from the License Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Client against the Service Provider.
8.5 The Provider may terminate the License Agreement with immediate effect and without stating reasons by sending the Client a relevant statement.
8.6 In the case of the Customer, the Service Provider may terminate the Agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Customer.
8.7 The Customer is obliged to enter data in accordance with the facts. The Customer is prohibited from providing content of an unlawful nature.
8.8 Any disputes arising between the Seller / Service Provider and the Client / Customer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
9. FINAL PROVISIONS
9.1 Contracts concluded through the Online Store shall be concluded in the Polish language.
9.2 Change of Terms and Conditions:
9.2.1 The Service Provider reserves the right to amend the Terms and Conditions.
9.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding on the Customer if the requirements set forth in Article 384 and 384 of the Civil Code have been met, i.e. the Customer has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification.
9.2.3 In the case of conclusion of agreements of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the acquired rights of the Service Recipients/Customers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect the Orders already placed or placed and Sales Agreements concluded, executed or performed.
9.3 Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); and other relevant provisions of commonly applicable law.