Terms and Conditions for the Online Shop – WPtypek.com
I. General provisions
- These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop wptypek.com. The Shop is operated by Rafał Jóśko conducting business activity under the business name Partner Firmy Rafał Jóśko entered to the Central Registration and Information on Economic Activity (CEIDG) maintained by the Minister of Development, address: ul. Tomasza Zana 11a, 20-601 Lublin, Poland, Number (NIP) Taxpayer Identification: 7122924714, , National Official Register of Business Entities (REGON) number: 368177897, hereinafter referred to as the Seller.
- The Seller may be contacted by:
- email: [email protected];
- contact form available online at website..
- These Terms and Conditions are always available at the website wptypek.com, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
- The Seller informs that taking advantage of services provided electronically may be associated with a risk to any user of the Internet of introducing a malware on a computer system or obtaining and modifying Customers’ data by unauthorized persons. Therefore the Customer should apply appropriate technical measures to minimize the above-mentioned risks, in particular by the use of antivirus and firewall
The terms used in these Terms and Conditions shall have the following meaning:
- Business Days – these shall be the days from Monday to Friday, excluding public holidays;
- Customer – a natural person with a full legal capacity, a natural person who conducts business activity, a legal entity or an organizational unit without legal personality, vested with a legal capacity by special provisions, who places the Order in the Online Shop or uses other Services available in the Online Shop;
- Civil Code – polish act – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);
- Account – a section of the Online Shop ascribed to the Customer that he can use to perform specific actions in the Online Shop;
- Consumer – the Customer being a consumer within the meaning of the provisions of Article 22  of Civil Code;
- Entrepreneur –the Customer being an entrepreneur within the meaning of the provisions of Article 43 of Civil Code;
- Terms and Conditions – this document;
- Goods – the digital product presented in the Online Shop, with its description available with each of the presented products;
- Sales Agreement – a sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
- Act on Consumer Rights – the Act on Consumer Rights dated 30 May 2014 (Journal of Laws 2014, No. 827);
- Act on Rendering Electronic Services;– the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
- Order – declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement, specifying in particular the kind and amount of Goods.
- License key, product key, master key – is a code generated by the wptypek License server. It is a combination of the machine number.
- Product License – The license of the product is described at Product licensing policy
- The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements:
- a computer or a mobile device with access to the Internet,
- access to electronic mail,
- a browser Internet Explorer – version 11 or newer, Firefox – version 28.0 or newer, Chrome – version 32 or newer, Opera – version 12.17 or newer, Safari – version 1.1. or newer,
- Using the Online Shop shall mean every activity of the Customer which familiarizes him with the Shop content.
- Customer shall be obliged in particular:
- not to provide and not to transfer any content forbidden by provisions of law, e.g. the content which is defamatory, promotes violence or infringes personal rights and other rights of third parties,
- to use the Online Shop in the manner not interfering with its functioning, in particular by using specific software or devices,
- not to perform any actions such as: sending unsolicited commercial information (spam) or placing it within the Online Shop,
- to use the Online Shop so as not to disturb other Customers and the Seller,
- to use all the content within the Online Shop solely for one’s own personal purposes,
- to use the Online Shop in accordance with the provisions of law applicable at the area of the Republic of Poland, with the Terms and Conditions, and also with the general rules governing the use of the Internet.
- The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
- The Service which involves maintenance of an Account in the Online Shop shall be available upon registration. To register it is required to fill out and accept the registration form available on one of the Online Shop websites. The agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account”.
- The Customer may receive the Seller’s commercial information in the form of messages sent to the Customer’s electronic mail address (the Newsletter service). To receive such information, the Customer must provide a valid electronic mail address or activate an appropriate field in the registration form or the Order form. The Customer may, at any time, withdraw his consent to receive commercial information. The Agreement for the provision of the Newsletter service shall be concluded an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
- The Customer has an opportunity to send a message to the Seller using website contact form. The services agreement consisting in providing an interactive form enabling Customer to contact the Seller is concluded only for a definite period of time and terminates at the moment of response by the Seller.
- The Customer has an opportunity to post in the Online Shop individual and subjective statements in relation to e.g. to the Goods or course of transaction. The Customer adding statements declares, he has all rights to these contents, in particular proprietary copyrights, related rights and industrial property rights. The services agreement of a service consisting in posting statements about the Goods in the Online Shop is concluded for a definite period of time and is terminated when the statement is added.
- The statements should be edited in a transparent and understandable manner, and they must not violate applicable law, including third party rights – in particular, they may not be defamatory, violate personal rights or constitute an act of unfair competition. The posted contributions are disseminated on the Online Store websites.
- By posting the statement, the Customer agrees to the free use of this statement by the Seller and its publication by the Seller, as well as making studies of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws No. 24, item 83).
- The Seller provides support services in the use of the Goods purchased in the Online Store.
- The support service is free of charges and available to every Customer, who purchased the Goods in the Online Store, and contacted the Seller using website contact form available on the Online Store.
- License key performs current updates of the Goods for a period of 365 days from the date of purchase or life time and as long as the product is maintained, you will get updates. in order to adapt it to applicable technical requires or lifetime. You may not offer them, modified or unmodified, for redistribution or resale of any kind.
- The Seller shall have the right to organize occasional competitions and promotions, the terms of which shall always be presented on the Shop websites. The Online Shop promotions may not be combined unless the Terms and Conditions for the given promotion provide otherwise.
- If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 days’ notice.
V. The Conclusion Procedure for the Sales Agreement
- Information about the Goods as provided on the Shop websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
- To place an Order, an active electronic mail account is required.
- If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
- The sales Agreement shall be concluded in English, as selected by the Customer, and its provisions shall correspond to the Terms and Conditions.
- Delivery of the Goods is completing after logging into the Account in the Online Store and by downloading the Goods from website indicated by the Seller or downloading the gods from email.
- On the Shop websites, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges.
- The deadline for delivery and processing of the Order shall be calculated per Business Days, in accordance with Paragraph VII Subparagraph 2. The Seller shall deliver a VAT invoice together with the Goods for the Goods delivered.
- If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.
VII. Prices and methods of payment
- The prices for the Goods are provided in USD and they exclude all the components like VAT, customs duties and other fees
- The Customer may choose the following payment methods:
- bank transfer to the Seller’s bank account (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be dispatched immediately after the funds are credited on the Seller’s bank account and after the Order is completed);
- electronic payment (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed).
- On the Shop websites, in the description of the Goods, the Seller informs the Customer about the time when he must make the payment for the Order. If the Customer fails to make the payment within the time specified in the previous sentence, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may withdraw from the Sales Agreement under Article 491 of the Civil Code.
VIII. The right to withdraw from the Agreement
- The right to withdraw from the Agreement by the Consumer is excluded in the case of contracts for the supply of digital content that are not recorded on a tangible medium, if the performance of the Service began with the Consumer’s express consent before the deadline for withdrawal from the Agreement and after informing him by the Seller about loss of the right to withdraw from the Agreement
IX. Complaints for the Goods under warranty
- The Seller undertakes to deliver Goods free from defects.
- The Seller shall be liable towards the Customer who is a Consumer, under warranty for defects in accordance with the provisions laid down in Article 556 – 576 of the Civil Code. In relation to the Customers who are Entrepreneurs warranty is excluded.
- Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the following address Partner Firmy ul. Zana 11a, post office box 36, 20-601 Lublin, Poland, or to the electronic mail address: [email protected] or using website contact form.
- In order for the complaint to be processed, the Customer should send or deliver the Goods in question, attaching the proof of purchase, if possible. The Goods should be delivered to the Seller address, in subparagraph 3, mentioned above.
- The Seller undertakes to process each complaint within 14 days.
- If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
X. Complaints for electronic services
- The Customer may complain to the Seller about functioning of the Shop and using the Services. Complaints may be submitted in writing to the following address: Partner Firmy ul. Zana 11a, post office box 36, 20-601 Lublin, Poland or to the electronic mail address: [email protected] or using website contact form.
- In the complaint, the Customer should indicate his name and surname, address for correspondence, the kind and description of the present problem.
- The Seller undertakes to process each complaint within 14 days, and if this is not possible – to inform the Customer within that time when the complaint will be processed. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, within 7 days from the date when the Customer received the request.
XI. Out-of-court ways of settling complaints and pursuing claims
- The Customer who is a Consumer has, among others, the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:
- he has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;
- has the right to refer to the voivodeship inspector of the Commercial Inspection with a request to initiate mediation proceedings for amicable settlement of the dispute between the Customer and the Seller;
- may obtain free support for settlement of the dispute between the Consumer and the Seller, using also the support of the poviat (municipal) consumer rights adviser or a social organisation whose statutory tasks include protection of Consumers (among others, the Federation of Consumers, the Society of Polish Consumers). The advice is provided by the Federation of Consumers on the toll-free number of consumers’ hotline 800 007 707 and by the Society of Polish Consumers at the electronic mail address [email protected];
- may report his complaint via the European ODR platform available at the address: http://ec.europa.eu/consumers/odr/.
XII. Protection of personal information
XIII. Final Provisions
- All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
- Any disputes arising between the Seller and the Customer who is a Consumer shall be settled by competent courts in accordance with applicable provisions of the Code of Civil Procedure.
- Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
- The matters not provided for in these Terms and Conditions shall be governed by the provisions of the Civil Code, the Act on Rendering Electronic Services, the Act on Consumer Rights and other applicable provisions of Polish law.
- Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he shall be obliged to inform the Seller about it within 14 days from being informed about the amendment of the Terms and Conditions. Failure to accept shall result in termination of Agreement.