WWW.LOGOSPOT.PL
§ 1
GENERAL PROVISIONS
- The Shop www.logospot.pl operates on the principles specified in these Regulations.
- The Regulations specify the conditions for the conclusion and termination of Sales Agreements for a product and the complaint procedure, as well as the types and scope of services provided electronically by the Shop www.logospot.pl, the rules for the provision of these services, the conditions for the conclusion and termination of agreements on the provision of services electronically.
- Each Customer is obliged to comply with the provisions of these Regulations as soon as he or she starts using the electronic services of the www.logospot.pl shop.
- In matters not covered by these Regulations, the provisions of:
- the Act on Electronic Service Provision of 18 July 2002,
- the Act on Consumer Rights of 30 May 2014,
- Act on out-of-court resolution of consumer disputes of 23 September 2016,
- the Civil Code Act of 23 April 1964.
- and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
- STORE REGULATIONS - these Regulations of the Store.
- SHOP - Service Provider's online shop operating at www.logospot.pl.
- ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Store.
- REGISTRATION FORM - a form available at www.logospot.pl enabling the creation of an Account.
- ACCOUNT - a set of resources in the Service Provider's information and communication system, marked with an individual name (login) and password, in which the Service Recipient's data is stored, including information on placed Orders.
- ORDER FORM - a form available on the website www.logospot.pl allowing to place an Order.
- OPINION SYSTEM - Electronic Service made available to Customers by the Service Provider, enabling them to post opinions on the Products.
- SELLER, SERVICE PR OVIDER - Partners of the Civil Partnership ProAd spółka cywilna, address for delivery: ul. Wiosenna 1, 59-700 Bolesławiec, NIP: 6121869036, REGON: 384809250, electronic mail address (e-mail): biuro@logospot.pl.pl, telephone number: + 48 692 270 514:
- Daniel Długosz conducting business activity under the business name 1. SPARKO Daniel Długosz 2. ProAd s.c. Daniel Długosz Mariusz Jakieła registered in the Central Registration and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, place of business: Ocice 104A, 59-730 Bolesławiec, NIP: 6121860785, REGON: 366776263, electronic mail address (e-mail): biuro@proad3d.pl, and
- Mariusz Jakieła doing business under the business name 1. CYFROWA GRAFIKA Mariusz Jakieła 2. ProAd s.c. Mariusz Jakieła Daniel Długosz entered in the Central Register and Information on Business Activity of the Republic of Poland kept by the minister responsible for economy, place of business and address for service: ul. Wiosenna 1, 59-700 Bolesławiec, NIP: 6121818599, REGON: 366436225, electronic mail address (e-mail): mariusz.jakiela90@gmail.com
- USER - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by the Act, using the Electronic Service.
- CUSTOMER - a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
- CONSUMER - a natural person who makes a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.
- ENTERPRISER - a natural person, a legal person and an organizational unit which is not a legal person but to which the law grants legal capacity, conducting in its own name economic or professional activity.
- PRODUCT - a movable item available in the Shop or a service which is the subject of a Sales Agreement between the Customer and the Seller.
- CONTRACT OF SALE - a contract of sale of a Product concluded between the Customer and the Seller through the agency of the Shop.
- ORDER - Customer's declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
- PRICE - the value expressed in monetary units which the Customer is obliged to pay to the Seller for the Product.
§ 3
INFORMATION ABOUT PRODUCTS AND THEIR ORDERING
- The www.logospot.pl shop sells Products via the Internet.
- Products offered in the Shop are new, conform to the agreement and have been legally introduced into the Polish market.
- The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product on the conditions specified in its description.
- The price of a Product shown on the Store's website is given in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.
- The Product price shown on the Shop's website is binding at the moment of placing the Order by the Customer. This price is not subject to change, irrespective of price changes in the Shop, which may occur with respect to individual Products after the Customer places the Order.
- The Seller shall clearly inform the Customer of the Unit Prices and the promotions and price reductions of the Products. In addition to the information about Product reductions, the Seller shall display the lowest Price of that Product that was in effect during the 30 days prior to the introduction of the reduction, and if the Product is offered for sale inperiod shorter than 30 days, the Vendor shall display the lowest Product Price that was in effect from the date the Product was offered for sale until the date the reduction was introduced.
- Orders may be placed:
- via the website using the Order Form (Shop www.logospot.pl) - 24 hours a day throughout the year,
- by e-mail to: biuro@logospot.pl
- by telephone at: +48 692 270 514.
- In order to place an Order, the Customer is not obliged to register an Account with the Store.
- The condition of placing an Order in the Store by the Customer is reading the Rules and Regulations and accepting their provisions at the time of placing the Order.
- The Store processes Orders placed from Monday to Friday during the Store's opening hours, i.e. from 8 a.m. to 4 p.m. on working days. Orders placed on working days after 4 p.m., on Saturdays, Sundays and holidays will be processed on the next working day.
- Products on promotion (sale) have a limited number of pieces and Orders for them will be processed in the order of their receipt until the stocks of a given Product are exhausted.
§ 4
CONCLUSION OF A SALES CONTRACT
- In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order by means of the methods made available by the Seller in accordance with § 3 section 7 and 9 of the Terms and Conditions.
- After placing an Order, the Seller shall immediately confirm its receipt.
- Confirmation of receipt of the Order, as referred to in point 2 of this paragraph binds the Customer to his Order. Confirmation of receipt of the Order shall take place by sending an e-mail message.
- Confirmation of receipt of the Order contains:
- confirmation of all essential elements of the Order,
- withdrawal form,
- these Terms and Conditions including instructions on the right of withdrawal.
- Upon receipt by the Customer of the e-mail message referred to in point 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
- Each Contract of Sale will be confirmed by a proof of purchase (VAT Invoice), which will be attached to the Product and/or sent by e-mail to the Customer's e-mail address provided in the Order Form.
§ 5
METHODS OF PAYMENT
- The Seller provides the following payment methods:
- payment by traditional transfer to the Seller's bank account,
- payment via electronic payment system (Przelewy24.pl),
- payment on delivery at the seller's premises, i.e. cash on delivery.
- In the case of payment by traditional bank transfer, the payment should be made to the following bank account number: 31 1600 1462 1889 0710 1000 0001 (BNP Paribas Bank Polska S.A.) ProAd spółka cywilna, Ocice 102A, 59-730 Bolesławiec, NIP: 6121869036. In the transfer title, please write "Order No. ...".
- In the case of payment via an electronic payment system, the Customer makes payment before the Order is processed. The electronic payment system makes it possible to pay by credit card or fast transfer from selected Polish and foreign banks.
- In the case of payment on delivery, the parcel is dispatched after verification of the correctness of the address data. The Customer is obliged to pay for the Order and collect the Product from the supplier.
- The Customer is obliged to pay the price of the Sales Agreement within 3 working days from its conclusion, unless the Sales Agreement states otherwise.
- If the Customer chooses to make the payments described in points 1.1 and 1.2 of this paragraph, the Product will be dispatched only after it has been paid for.
§ 6
COST, DEADLINE AND METHODS OF PRODUCT DELIVERY
- The Product delivery costs to be paid by the Customer are determined during the process of placing the Order and depend on the choice of payment method and delivery method for the purchased Product.
- The Product delivery time consists of the time of completion of the Product and the time of delivery of the Product by the carrier:
- the completion time for unmarked Products is 1 to 2 working days and for marked Products is 7 to 10 working days after:
- the posting of funds paid for the Sales Agreement on the Seller's account
- or positive authorisation of the transaction by the electronic payment system
- or acceptance of the Order for execution by the Seller in the case of choosing cash on delivery,
- delivery of the Products being movable items by the carrier takes place within the timeframe declared by the carrier, i.e. from 1 to 2 working days from the moment of sending the parcel (delivery takes place only on working days excluding Saturdays, Sundays and holidays).
- Products purchased in the Store are sent via a courier company.
- The Customer may also collect the Products purchased in the Store in person after prior contact by e-mail or telephone.
§ 7
PRODUCT COMPLAINTS
- Warranty complaint.
- All Products offered in the Shop carry a guarantee (manufacturer's/vendor's) valid in the territory of the Republic of Poland,
- The guarantee period for the Products is 12 months and is calculated from the date of delivery of the Product to the Customer,
- the document which entitles to guarantee protection is the guarantee card or the proof of purchase,
- data of the guarantor, detailed information about the goods covered by the guarantee, data concerning the duration and conditions of the guarantee, as well as the Customer's rights under the guarantee - are contained in the guarantee card attached to the Product or made available on the Shop's website,
- The guarantee shall not exclude the rights of the Consumer and the entity referred to in § 10 of the Terms and Conditions due to non-compliance of the Product with the Sales Agreement specified in the Act on the Sales Agreement.Sales Agreement specified in the Act on Consumer Rights, which the Consumer and the entity referred to in § 10 are entitled to by law.
- Complaint for non-conformity of the Product with the agreement.
- The basis and scope of the Seller's liability towards the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Product with the contract are set out in the Consumer Rights Act of 30 May 2014,
- the basis and scope of the Seller's liability towards the Customer who is an Entrepreneur referred to in § 9 on account of warranty are set out in the Civil Code Act of 23 April 1964,
- The Seller shall be liable to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Product with the agreement existing at the moment of the Product delivery and disclosed in the manner referred to in § 11.moment of the Product delivery and disclosed within 2 years from that moment, unless the Product expiry date defined by the Seller or persons acting on the Seller's behalf is longer,
- Notification of the lack of conformity of the Product with the agreement and filing an appropriate request can be made via e-mail to: biuro@logospot.pl or in writing to the address: ul. Wiosenna 1, 59-700 Bolesławiec,
- in the above-mentioned written or electronic message, provide as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller,
- For the purpose of assessing irregularities and non-compliance of the Product with the agreement, the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to make the Product available to the Seller and the Seller is obliged to collect it at their own expense,
- The Seller shall respond to the Client's request immediately, no later than within 14 days of its receipt,
- in the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions - failure to consider the complaint within 14 days from its submission is tantamount to accepting it,
- The Customer who is a Consumer or an entity referred to in § 10 may request in the first place to have the Product replaced or repaired by the Seller. A price reduction and withdrawal from the contract may be requested by the Customer only in the cases indicated in the Consumer Rights Act of 30 May 2014. (inter alia, when the non-conformity of the goods with the contract is material, when the Seller has refused to bring the goods into conformity with the contract or when the non-conformity of the goods with the contract still exists, despite the fact that the Seller has already tried to bring the goods into conformity with the contract),
- in connection with a justified complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller respectively:
- covers the costs of repair or replacement and redelivery of the Product to the Customer,
- reduce the price of the Product (the reduced price must remain in the proportion of the price of the goods in conformity with the contract to the goods not in conformity with the contract) and return to the Consumer or entity referred to in § 10 the value of the reduced price.referred to in § 10 the value of the reduced Price no later than within 14 days of receipt of the declaration on the price reduction from the Consumer or the entity referred to in § 10,
- in the event of withdrawal from the contract by the Consumer or the entity referred to in § 10 - the Seller shall return the Price of the Product to the Consumer or the entity referred to in § 10 at the latest within 14 days of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 shall immediately return the goods to the Seller at the Seller's expense,
- The response to the complaint shall be provided on paper or on another durable medium e.g. by e-mail or SMS.
§ 8
RIGHT OF WITHDRAWAL
- Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions and who has concluded a remote agreement may withdraw from it without stating reasons by making a relevant statement within 14 days. In order to meet this deadline it is sufficient to send a declaration of withdrawal made available by the Shop.
- In the case of withdrawal from the contract, the Sales Contract is considered unconcluded and the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to return the Product to the Seller or hand it over to the Seller.the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the date of withdrawal, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry.
- In the case of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Wiosenna 1, 59-700 Bolesławiec.
- The Consumer or the entity referred to in § 10 of the Terms and Conditions shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to ascertain its nature, characteristics andfunctioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 of the manner and deadline for exercising the right of withdrawal, and has not provided him with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should only handle and inspect the Products in the same manner as they would do in a stationary shop.
- Subject to points 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product together with the costs of its delivery using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions expressly agreed to the reimbursement.referred to in § 10 of these Terms and Conditions expressly agreed to a different method of return that does not involve any costs for them. Subject to point 7 of this paragraph, the return shall take place immediately, and at the latest within 14 days from the receipt by the Seller of the notice of withdrawal from the Sales Agreement.
- If the Consumer or entity referred to in § 10 of these Terms and Conditions chose a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Shop, the Seller shall not be obliged to reimburse them the additional costs incurred by them.
- If the Seller has not offered to collect the Product itself from the Consumer or the entity referred to in § 10 of the Terms and Conditions, the Seller may withhold the reimbursement of the payment received from the Consumer until it has received the goods with thereturn or until the Consumer or the entity referred to in § 10 of the Terms and Conditions provides proof of its return, whichever occurs first.
- The Consumer or the entity referred to in § 10 of the Terms and Conditions withdrawing from the Sales Agreement, pursuant to point 1 of this paragraph, shall only bear the costs of sending the Product back to the Seller.
- The fourteen-day period in which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall be counted:
- for an agreement in the performance of which the Seller delivers the Product being obliged to transfer its ownership - from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third person indicated by them other than the carrier) took possession of the Product,
- for a contract which involves multiple Products which are delivered separately, in instalments or in parts - from the date on which the Consumer took possession of the last Product, instalment or part thereof,
- for a contract which involves the regular delivery of a Product over a defined period of time - from the taking possession of the first Product,
- for other contracts - from the day of conclusion of the contract.
- The right of withdrawal from a distance contract shall not apply to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Contract:
- in which the subject matter of the performance is a non-refabricated good produced to the consumer's specification or serving to satisfy his/her individualised needs,
- in which the subject matter of the performance is goods supplied in sealed packaging which cannot be returned after opening the packaging due to health protection or hygienic reasons, if the packaging has been opened after delivery,
- in which the object of the performance is goods which, after delivery, by their nature become inseparable from other things,
- for the provision of services for which the consumer is liable to pay the price, where the trader has supplied the service in full with the express and prior agreement of the consumer, who has been informed before the performance begins that he will lose his right of withdrawal after the trader has supplied the service and has acknowledged it,
- where the object of the performance is perishable goods or goods with a short shelf life.
- Both the Seller and the Customer have the right to withdraw from the Sales Contract in the event that the other party to the contract fails to perform its obligation within a strictly defined period of time.
§ 9
PROVISIONS CONCERNING ENTREPRENEURS (B2B)
- This paragraph contains provisions concerning only entrepreneurs not covered by the protection of the Consumer Rights Act referred to in § 10 of the Terms and Conditions.
- The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. In this case the withdrawal from the Sales Agreement may take place 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.
- The Seller has the right to limit, in relation to Customers who are not Consumers, the payment methods made available by the Seller, including the requirement of making a partial or full advance payment of the sales price, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
- Benefits and burdens associated with the Product as well as the danger of accidental loss of or damage to the Product are transferred to the Customer who is not a Consumer from the moment the Product is released by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product occurring from the moment the Product is accepted for transport until it is handed over to the Customer, as well as for any delay in transporting the consignment.
- If the Product is sent to the Customer by a carrier, the Customer who is not a Consumer is obliged to examine the consignment in the time and manner usual for consignments of this type. If he finds that the Product has been damaged or defective during transport, he is obliged to perform all actions necessary to determine the carrier's liability.
- The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a notice of termination.
§ 10
PROVISIONS CONCERNING ENTREPRENEURS ON THE RIGHTS OF CONSUMERS
- A sole trader (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act provided that the agreement which heThe sole trader (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act provided that the contract he enters into with the Seller is directly related to his business activity, but the content of the contract shows that it is not of a professional nature for him, arising in particular from the subject of his business activity.
- The business person referred to in subsection 1 of this section shall be protected only with regard to:
- prohibited contractual provisions,
- liability for non-conformity of the Product with the contract,
- the right of withdrawal from a distance contract,
- rules relating to the contract for the supply of digital content or digital services.
- The trader referred to in point 1 of this paragraph loses his rights under consumer protection if the Sales Agreement he has concluded with the Seller has a professional character, whichwhich is verified on the basis of the entrepreneur's entry in the Central Register of Business Activity and Information of the Republic of Poland, in particular the Polish Classification of Business Activity codes indicated there.
- Entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided for consumers by district consumer ombudsmen or the President of UOKiK.
§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables via the Shop the use of Electronic Services such as:
- concluding Product Sales Agreements,
- maintaining an Account in the Shop,
- Rating system.
- The provision of Electronic Services to Service Recipients in the Shop is subject to the terms and conditions set out in the Terms and Conditions.
- The Service Provider is entitled to place advertising content on the Shop's website. Such content is an integral part of the Shop and the materials presented therein.
§ 12
TERMS AND CONDITIONS OF PROVIDING AND CONCLUDING CONTRACTS FOR ELECTRONIC SERVICES
- The provision of Electronic Services as defined in § 11(1) of the Regulations by the Service Provider is free of charge.
- The period for which the agreement is concluded:
- the contract for the provision of Electronic Services consisting of enabling the Order to be placed in the Shop is concluded for a definite period of time and is terminated at the moment the Order is placed or the Customer ceases to place it,
- agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time. The agreement is concluded when the Customer sends a completed Registration Form,
- the agreement for the provision of an Electronic Service consisting of the use of the Rating System shall be concluded for an indefinite period of time and shall terminate as soon as the Customer posts an opinion or ceases to use this Service.
- Technical requirements necessary for the operation of the ICT system used by the Service Provider:
- computer (or mobile device) with access to the Internet,
- access to e-mail,
- web browser,
- enable Cookies and Javascript in the web browser.
- The Customer is obliged to use the Shop in a manner consistent with the law and good manners, with due regard for personal rights and intellectual property rights of third parties.
- The Customer is obliged to enter data in accordance with the facts.
- The Customer is prohibited from providing unlawful content.
§ 13
COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES
- Service Recipient may submit complaints regarding the provision of Electronic Services through the Store by e-mail to the following address: biuro@logospot.pl.
- In the above-mentioned e-mail message, as much information and circumstances concerning the subject of the complaint as possible should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will greatly facilitate and expedite the handling of the complaint by the Service Provider.
- The Service Provider shall consider the complaint immediately, no later than within 14 days from the date of notification.
- The Service Provider's response to the complaint shall be sent to the Client's e-mail address provided in the complaint notification or in any other manner provided by the Client.
§ 14
TERMS OF TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Termination of the agreement for the provision of Electronic Services:
- An agreement for the provision of an Electronic Service of a continuous and indefinite nature (maintaining an Account) may be terminated,
- The Customer may terminate the agreement with immediate effect and without indicating reasons by sending a relevant statement via e-mail to: biuro@logospot.pl or by deleting the Account,
- The Service Provider may terminate the agreement for the provision of continuous and indefinite Electronic Services in the event that the Client breaches the Terms and Conditions, in particular if the Client provides unlawful content, after an ineffective prior request to cease the breaches with setting an appropriate period of time. In such a case, the Agreement shall expire 7 days after the submission of the declaration of intent to terminate it (notice period),
- termination leads to the termination of the legal relationship with effect for the future.
- The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties.
§ 15
INTELLECTUAL PROPERTY
- All content on the website at www.logospot.pl enjoy copyright protection and (subject to § 15. 3 and elements posted by Service Recipients, used under licence, transfer of copyrights or permitted use) are owned by the partners of the ProAd civil partnership, address for delivery: ul. Wiosenna 1, 59-700 Bolesławiec, NIP: 6121869036, REGON: 384809250, electronic mail address (e-mail): biuro@logospot.pl.pl, telephone number: +48 692 270 514.
- Daniel Długosz conducting business activity under the business name 1. SPARKO Daniel Długosz 2. ProAd s.c. Daniel Długosz Mariusz Jakieła entered in the Central Registration and Information on Business Activity of the Republic of Poland conducted by the minister responsible for economy, place of business: Ocice 104A, 59-730 Bolesławiec, NIP: 6121860785, REGON: 366776263, electronic mail address (e-mail): biuro@proad3d.pl and
- Mariusz Jakieła doing business under the business name 1. CYFROWA GRAFIKA Mariusz Jakieła 2. ProAd s.c. Mariusz Jakieła Daniel Długosz entered in the Central Register and Information on Business Activity of the Republic of Poland, maintained by the minister responsible for economy, place of business and address for service: ul. Wiosenna 1, 59-700 Bolesławiec, NIP: 6121818599, REGON: 366436225, electronic mail address (e-mail): mariusz.jakiela90@gmail.com.
- The Customer shall be fully liable for any damage caused to the Service Provider as a result of the use of any content of www.logospot.pl without the consent of the Service Provider.
- Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and the content of the www.logospot.pl website constitutes an infringement of the Service Provider's copyright and results in civil and criminal liability.
- All trade names, Product names, company names and their logos used on the Shop website at www.logospot.pl belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the Shop's website at www.logospot.pl are used for information purposes.
§ 16
LIABILITY
- The Service Provider shall make every effort to ensure that the data available in the Shop is complete and up-to-date and presented with due care, taking into account the existing factual and legal circumstances, within the limits allowed by law.
- The Service Provider shall comply with all obligations required by Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022. on the Digital Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) and designates a point of contact within the meaning of the Digital Services Act (DSA) at the place of its registered office referred to in § 2 of these Terms and Conditions.
- It is unacceptable to post unlawful content via the Store (through comments, opinions, etc.), as well as content
- unrelated to the subject matter of the Store,
- groundlessly violating the good name of the Service Provider,
- containing words commonly regarded as uncensual,
- promoting activities competitive to the Service Provider.
- In the case of publication of content referred to in point 3, the Service Provider has the possibility to moderate it (refusal to publish the content, deposition of the content, deletion of the content, preventing access to the content, restriction or exclusion of the monetisation of the content, suspension or termination of the user's account, suspension or termination of the service to the user).
- In the event of automatic moderation of the content published by the Service Recipients via the algorithm, the Service Recipients do not lose their right to appeal against the Service Provider's decision. The appeal can be made via the email address: biuro@logospot.pl. When appealing, the facts that have occurred must be described concisely and the reasons for the appeal must be substantiated. The Service Provider will consider the appeal in the manner indicated by the provisions of the Digital Services Act within 14 days.
- A Customer who finds an infringement of the rules described in this paragraph has the possibility to report the unauthorised content published in the Shop via the e-mail address: biuro@logospot.pl.
- The notification referred to in paragraph 6 must contain the following:
- a sufficiently substantiated explanation of the reasons why the Client alleges that the relevant information constitutes illegal content;
- a clear indication by the Service Recipient of the exact electronic location of the information, such as the exact URL(s) and, where applicable, additional information to identify the illegal content, according to the type of content and the specific type of hosting service;
- the name and e-mail address of the reporting Service User, with the exception of a report relating to information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
- a statement confirming the reporting Service Recipient's good faith belief that the information and allegations contained therein are correct and complete.
- The Service Provider will acknowledge receipt of the notification referred to in point 6 of this paragraph and will inform the Service Provider of its acceptance or refusal without undue delay.
- In the event that the notification referred to in point 6 is considered valid, the Service Provider shall, as far as possible, inform the Client responsible for the infringement of the fact that the Client's published content has been moderated, together with the required justification.
- In the event that the Service Provider becomes aware of any information giving rise to a suspicion that an offence endangering the life or safety of a person or persons has been, is being or may be committed, the Service Provider shall immediately inform the law enforcement authorities or judicial authorities of its suspicion, together with the reasons for its suspicions and the transmission of the information known to it.
- The Service Provider shall inform Service Recipients of significant changes to the Terms and Conditions.
- Service Recipients shall be held fully responsible for any violation of the law or damage caused by their actions in the Shop, in particular, by providing false data, disclosing classified information or other legally protected secrets, violating personal rights or copyright and other intellectual property rights.The Service Provider undertakes, to the extent possible, to violate the law or cause damage as a result of their actions, in particular by providing false data, disclosing confidential information or other legally protected secrets, violating personal rights or copyrights and related rights, as well as by processing the Customers' personal data in a manner inconsistent with the purposes of the Shop or in breach of the Personal Data Protection Act.
- The service provider undertakes, to the extent possible, to inform the recipients in advance of possible disruptions to the operation of the shop, in particular of interruptions in access.
- The Service Provider shall make every effort to ensure the proper functioning of the Shop in formal and legal terms.
- The Service Provider will take into account any changes in legislation and update the Store in accordance with these changes.
- The updating of the Shop system will be carried out by the Service Provider without charging additional costs to the Clients.
- The Service Provider shall take all measures to protect the data of the Clients.
- The Service Provider is not liable to the Customers who are Entrepreneurs:
- for any damages and losses directly or indirectly (including damages due to loss of business profits, business interruption or loss of business information and other damages of aof a material nature), arising from the use, inability to use, or malfunctioning of the Shop's software, damage caused by the shutdown or failure of the IT system, power failures,
- due to improper use of the Shop by the Customer who is not a Consumer and the malfunctioning of computer equipment, computer software or communication system by means of which the Customer connects to the Shop's system,
- for any damage resulting from errors, failures and interruptions in the operation of the Shop or caused by incorrect recording or reading of data downloaded by the Customer,
- for disruptions in the proper functioning of the Shop, as well as the loss of data of non-consumers resulting from force majeure or third parties,
- for third parties' actions involving the use of data and materials placed in the Shop in contravention of the generally applicable law or these Terms and Conditions,
- for inability to log on to the Shop's system due to, in particular: the quality of the connection, the breakdown of the data communication system or the power supply network, incorrect software configuration of Service Recipients who are not Consumers,
- for the consequences associated with the loss of the password.
- The Service Recipient is liable for providing an e-mail address to which he does not have access, in particular an incorrect address or one belonging to another entity.
§ 17
FINAL PROVISIONS
- Contracts concluded through the Shop are concluded in accordance with Polish law.
- If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision.
- Any disputes arising from Sales Agreements between the Store and Customers will be resolved first of all by way of negotiations, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be settled by the competent court of general jurisdiction, in accordance with point 4 of this paragraph.
- Judicial settlement of disputes:
- any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964,
- any disputes arising between the Service Provider and the Service Recipient (Client) who is not at the same time a Consumer, as referred to in § 9 of the Terms and Conditions, shall be submitted to the court having jurisdiction over the Service Provider's registered office.
- A Client who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for the case to be considered by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Voivodship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
- In order to resolve a dispute amicably, the consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.