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 agreement
4. the ways and terms of payment for the product
5) The cost, ways and time of delivery of the product
6 The right to use the works of the seller (license)
7. product reclamation
8 Additional provisions
9. Final provisions
1. GENERAL PROVISIONS
1.1 The On-line store available at the Internet address www.prestashow.pl is run by ARTUR DOBRZYŃSKI conducting business activity under the name LAYERSSHOW ARTUR DOBRZYŃSKI entered into the Central Register of Business Activity and Information 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 Warszawa, NIP: PL 1132419179, REGON: 147477308, e-mail address: firstname.lastname@example.org.
1.2 These Regulations and the Internet Shop are addressed exclusively to entrepreneurs using the Internet Shop (Regulations and the Internet Shop are not addressed to consumers).
1.4.1. OPERATING DAY - one day from Monday to Friday with the exception of public holidays.
1.4.2. REGISTRATION FORM - a form available in the Internet Shop, allowing the creation of an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Internet Shop, allowing the placement of an Order, in particular by adding Products to an electronic basket 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 conclusion of Sales Agreements, is directly related to his/her business or professional activity (i.e. is not a consumer in this case); (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller
1.4.5. CIVIL CODE - the Civil Code Act of 23 April 1964. (Journal of Laws 1964 no 16, item 93 as amended).
1.4.6. COPYRIGHT - Copyright and Related Rights Act of 4 February 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 IT system marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her at the Internet Shop are stored.
1.4.8. NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which enables all Users to automatically receive from the Service Provider cyclic content of successive editions of a newsletter containing information about Products, news and promotions at the Online Store.
1.4.9. PRODUCT - a template, skin, graphic style, layout, plug-in, plug-in, module or composition for the Prestashop Internet store available at the Internet Shop together with other elements, additions 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 likely to be the subject of a Licence Agreement between the Client and the Service Provider being the subject of the Sales Agreement between the Client and the Seller.
1.4.10. CONDITIONS OF USE - these Regulations of the Internet Shop.
1.4.11. WEBSITE SHOP - 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 name LAYERSSHOW Artur Dobrzyński registered in the Central Register of Business Activity and Information of the Republic of Poland kept by the competent minister for economy, having the following address of the place of business and address for service: 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 - the contract of sale of the Product entered into or concluded between the Customer and the Seller through the Online Store.
1.4.14. LICENSE AGREEMENT, LICENSE - agreement to grant a license to use the Product concluded or entered into between the Customer and the Service Provider.
1.4.15. ELECTRONIC SERVICE - service provided electronically by the Service Provider to the Customer through the Internet Shop.
1.4.16. SERVICE PROVIDER - each (1) natural person for whom the use of the Products is directly connected with his/her economic or professional activity (not being in this case a consumer); (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 - Customer's declaration of will made by means of the Order Form and aiming 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 at the Online Shop: Account, Order Form and Newsletter.
2.1.1. Account - using an Account is possible after completing four consecutive steps by the Customer - (1) providing the e-mail address, (2) clicking the field "Create Account", (3) completing the Registration Form and (4) clicking the field "Register". In the Registration Form it is necessary for the Service Recipient to provide the following details: first and last name, email address and password.
22.214.171.124 Creating an Account is also possible when the Customer uses his/her user account on Facebook.com website. In this case, the use of an Account is possible after completing three consecutive steps - (1) clicking on the login field on the Website page using the specific service (2) logging in by the Service Recipient to his/her user account on the given service and (3) acceptance of granting rights to the Website application, thanks to which the Website application will collect the following data from the Service Recipient on the given service: e-mail address and account identifier on the given service.
126.96.36.199 The Account 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 remove the Account (resignation from the Account) by sending the appropriate request to the Service Provider, particularly via e-mail to the address: email@example.com or in writing to the address: ul. Józefa Szanajcy 14 lok. 52, 03-481 Warszawa.
188.8.131.52. Order Form - the use of the Order Form starts at the moment of adding by the Customer the first Product to the electronic basket in the Internet Shop. The Order is placed when the Customer completes two consecutive steps in total - (1) filling in the Order Form and (2) clicking on the field "I confirm the order" on the Shop's website after filling in the Order Form - until this moment it is possible to modify the data entered (for this purpose, follow the messages displayed and information available on the website of the Online Shop). In the Order Form, it is necessary for the Client to select the Goods that are to be the subject of the License Agreement and to provide the following data concerning the Client: name and surname/company name, address (street, house/flat number, postal code, town, country, assignment of the symbol/abbreviation for this address), Tax ID, e-mail address, contact phone number and data concerning the Sales Agreement: Product/s, quantity of Product/s, method of payment.
184.108.40.206 Electronic Service Order Form is provided free of charge and has a one-time character and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.1.2 Newsletter - The Newsletter subscription service shall be available after entering email address in the "Newsletter" tab visible on the Online Shop website, to which subsequent editions of the Newsletter shall be sent, and clicking the "Sign up" box. The Newsletter subscription service may also be subscribed to by ticking the appropriate checkbox when placing an Order - the Customer shall be subscribed to the Newsletter as soon as the Order is placed.
220.127.116.11 The Newsletter Electronic Service shall be free of charge for an indefinite period of time. The Customer shall have the opportunity, at any time and without giving reasons, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular via email to the following address: firstname.lastname@example.org.
2.3 The Customer is obliged to use the Online Store in a manner consistent with the law and morality, with due regard to respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The customer is obliged to enter data consistent with the facts. The recipient is prohibited to provide unlawful content.
2.4 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 pt. 6 of the Terms and Conditions) may be submitted by the Customer in electronic form via e-mail to the following address: email@example.com;
2.4.2 The Customer is advised to provide in the description of the complaint: (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the 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. CONDITIONS OF CONCLUDING A CONTRACT OF SALE
3.1 The conclusion of the Sales Agreement between the Customer and the Seller takes place after placing an Order by the Customer with the help of the Order Form in the Online Store according to point 2.1.2 of the Terms and Conditions. 2.1.2 of the Regulations.
3.2 The Product price displayed on the website of the Internet Shop is given in PLN (Polish zloty) or EUR (euro) depending on the Customer's choice.
3.3 The procedure of concluding the Sales Agreement in the Internet Shop using the Order Form
3.3.1 The conclusion of the Sales Agreement between the Customer and the Seller shall take place after placing an Order by the Customer at the Internet Shop, in accordance with point 2.1.2 of the Terms and Conditions. 2.1.2 of the Regulations.
3.3.2. After placing an Order the Seller immediately confirms its receipt, which binds the Customer to his/her Order. Confirmation of receipt of the Order shall take place by sending an appropriate message to the Customer's e-mail address provided during the placement of the Order, which contains at least confirmation of all significant elements of the Order and the Seller's statement of receipt of the Order.
3.3.3. Then the Seller shall immediately, but not later than within 2 Business Days (period of binding the Order) accept the Order for execution. Acceptance of the Order for execution takes place by sending an appropriate message to the e-mail address of the Customer provided during the placement of the Order, containing a statement of the Seller on 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 shall be concluded.
3.4 The consolidation, protection and making available to the Customer the content of the concluded Sales Agreement takes place by (1) making these Regulations available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point 3.3.2 of the Regulations. 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller makes available to the Buyer the following methods of payment for a 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 defined on the website https://www.paypal.com/pl.
4. 1.2.1. Settlements of electronic payments and payment card transactions are carried out according to the Customer's choice via PayPal.com service. The service of electronic payments and payment cards is carried out by:
18.104.22.168.1. 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 in Gdańsk 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, WAYS AND DATE OF PRODUCT DELIVERY
5.1 The Seller makes available to the Client the following Product delivery methods:
5.1.1. Electronic delivery.
5.1.2. Electronic delivery consists in sending the Product to the Client via email or making available a unique internet link (URL address) enabling the Product download or access.
5.1.3. In the case of making available a unique internet link (URL) enabling the Product to be downloaded or made available, the Seller ensures its correctness for at least 6 months from the date of making it available. During this period, the Seller recommends downloading the Product and saving it digitally in the computer's memory. After this period, the Client, if it is not possible to download the Product via a unique Internet link (URL), may request 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 on the Seller's billing account.
6. THE RIGHT TO USE THE SELLER'S WORKS (LICENSE)
6.1 The condition of installation and use of the Product is the acceptance of the terms of these Terms, including in particular making the due payment for the Product. The lack of acceptance of the Terms and the lack of payment prevents installation and use of the Product.
6.2 The subject of the License Agreement can be Products available at prestashow.pl. Available Products are indicated to the Customer in the Internet Store.
6.3 For the avoidance of any doubts, the Seller indicates that granting the License and its scope is to enable the Customer to use the Product only for their own business purposes, i.e. for running the Internet Shop by the Customer. This means that beyond this scope, the Client is not authorized to market, lend or lease the original or copies of the Product covered by copyright protection. One Product can be used by one Customer in one Customer's Online Store on one Internet domain, which does not limit the right of the Seller to grant subsequent 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 measures based on data collection (e.g. 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 the content, graphics, works, designs and marks available within it, belong to the Vendor or other authorized third parties and are protected by the Copyright Law and other provisions of the 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 relevant international agreements. The Product must be treated as 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 Client. The Seller is not responsible 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 law. Trademarks must be used in accordance with applicable law.
6.7 The object of the Licence Agreement is to grant the Customer a non-exclusive, territorially unlimited and non-transferable licence to use the Product under the conditions described in these Terms. The license also includes all updates, modified versions, patches, additions and copies of the Product. Use of the Product includes, but is not limited to, accessing, installing, uploading, copying or otherwise obtaining benefit from the Product.
6.8 The license shall be granted upon the commencement of the Customer's use of the Product, but not before the Customer has made full payment for the license to the Product. The prerequisite for using the Product is the acceptance of the terms of these Terms and Conditions and making the required payment.
6.9 The use of the Product (granting the License) is payable.
6.10. The License does not authorize to lend, lease, sublicense or rent the Product. The License is granted only to the Customer and only such a Customer is entitled to use the Product within the scope of these Terms.
6.11. Under the License granted to the Customer, the Customer is 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 practice with respect to personal rights and copyrights and intellectual property rights of the Vendor and third parties in the following fields of use: (1) Customer shall be entitled to install the Product in one Customer's Online Store and (2) Customer shall be entitled to permanently or temporarily reproduce (the Product in whole or in part for its correct 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 has the ability, at any time and for any reason, to delete (resign from using) the Product by uninstalling it. The removal of the Product does not release the Customer from the obligation to pay the remuneration for the use of the Product, nor does it entitle the Customer to receive a refund of the payment made.
6.13. The Vendor 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 of the Product. In this case, the Customer will be informed about it by a relevant information on the Website. The Customer will be informed each time about the scope of the update and will be able 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 the Vendor decides otherwise. 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 warranty for the Product towards the Customer is excluded.
8. ADDITIONAL PROVISIONS
8.1 The liability of the Service Provider/Seller to the Customer/Client, regardless of its legal basis, is limited - both for a single claim as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The Service Provider / Seller shall be liable to the Customer / Client only for typical damage foreseeable at the time of the conclusion of the contract and shall not be liable for lost profits in relation to the Customer / Client.
8.2 The Seller has the right to withdraw from the Sales Agreement concluded with the Customer within 30 calendar days from the date of its conclusion. The withdrawal from the Sales Agreement in this case can be made without giving any reason and does not create on the part of the Customer who is not a consumer any claims against the Seller.
8.3 The Seller may terminate an agreement for the provision of an Electronic Service with immediate effect and without indicating reasons by sending an appropriate statement to the Customer.
8.4 The Seller has the right to withdraw from the Licence Agreement concluded with the Customer within 30 calendar days from its conclusion. The withdrawal from the License Agreement in this case may be without giving any reason and does not give rise to any claims by the Client against the Service Provider.
8.5 The Provider may terminate the Licensing Agreement with immediate effect and without stating reasons by sending an appropriate notice to the Client.
8.6 In the case of 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 actual state. The Customer is obliged to prohibit the provision of unlawful content.
8.8 Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient will be submitted to the competent court for the seat of the Seller / Service Provider.
9. FINAL PROVISIONS
9.1 Contracts concluded through the Online Store are concluded in the Polish language.
9.2 Change of Terms and Conditions:
9.2.1 The Service Provider reserves the right to make changes to the Regulations.
9.2.2 In the case of conclusion of continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations shall be binding upon 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 correctly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification.
9.2.3 In the case of conclusion of contracts other than continuous contracts (e.g. Sales Agreement) under these Terms of Service, the amendments to the Terms of Service shall in no way affect the rights acquired by the Clients/Customers before the effective date of the amendments to the Terms of Service, in particular the amendments to the Terms of Service shall not affect any Orders already placed or submitted as well as any Sales Agreements concluded, executed or performed.
9.3 In matters not regulated herein, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on rendering electronic services of 18 July 2002. (Journal of Laws 2002 No. 144, item 1204 as amended); and other relevant provisions of commonly binding law.