The www.prestapros.com website operates on the terms set out in these Regulations.
The Regulations define the conditions for concluding and terminating Agreements for the provision of Digital Content or Digital Services and the complaint procedure, as well as the types and scope of services provided electronically
by the www.prestapros.com Website, the rules for the provision of these services, the conditions for concluding and terminating agreements for the provision of electronic services electronic.
Each Service Recipient, upon taking steps to use the Electronic Services of the www.prestapros.com Website, is obliged to comply with the provisions of these Regulations.
In matters not covered by these Regulations, the following provisions shall apply:
the act on the provision of electronic services of July 18, 2002,
the Act on Consumer Rights of May 30, 2014,
the Act on out-of-court resolution of consumer disputes of September 23, 2016,
the Civil Code Act of April 23, 1964.
and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
REGULATIONS - these Regulations of the Website.
SERVICE - The Service Provider's website operating at www.prestapros.com
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Website.
REGISTRATION FORM – a form available on the website www.prestapros.com enabling the creation of an Account.
ACCOUNT - marked with an individual name (login) and password, a set of resources in the Panel, in which the Customer's data is collected, including information about his Stores and placed Orders.
QUOTE FORM - a form available on the website www.prestapros.com that allows you to send a message to the Service Provider and receive a quote for a specific Service.
CONTACT FORM - a form available on the website www.prestapros.com that allows you to send a message to the Service Provider.
OPINION SYSTEM - An Electronic Service made available to Customers by the Service Provider, enabling the posting of opinions regarding the Service Provider and the Services provided by it.
ORDER FORM - a form available in the Customer Panel that allows you to place an Order for the Service.
SERVICE PROVIDER - Szymon Fabiański and Michał Janeczek, conducting business activity in the form of a civil partnership FLUM SPÓŁKA CYWILNA, NIP: 6772441405, REGON: 382388063, place of business and delivery address: ul. Juliusza
Lea 22/7, 30-052 Kraków, e-mail address: contact@prestapros.com.
LICENSOR - a Service Provider providing Services, being an entity authorized under economic copyrights.
SERVICE RECIPIENT - a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.
CLIENT - a Service Recipient who intends to conclude or has concluded an Agreement for the provision of Digital Content or Digital Service with the Service Provider.
CONSUMER - a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.
ENTREPRENEUR - a natural person, a legal person and an organizational unit that is not a legal person, to whom the law grants legal capacity, performing a legal act directly related to its business or professional activity.
DIGITAL CONTENT - data generated and provided by the Service Provider in digital form, accessed via the Panel.
DIGITAL SERVICE - a service that allows the Customer to produce, process, store or access data in digital form, joint use of data in digital form that has been sent or generated by the Customer or other users of this service and
other forms of interaction using data in digital form .
LICENSE AGREEMENT - an agreement concluded between the Customer and the Licensor at the moment of using the Digital Content or Digital Service by the Customer.
AGREEMENT FOR THE DELIVERY OF DIGITAL CONTENT OR DIGITAL SERVICE - an agreement for the provision of a Service or Services concluded between the Customer and the Service Provider via the Website.
SERVICE - a service consisting in providing the Customer with Digital Content or Digital Service, which is the subject of the Agreement for the provision of Digital Content or Digital Service.
ORDER - Customer's declaration of intent constituting an offer to conclude an Agreement for the provision of Digital Content or Digital Service with the Service Provider, submitted via the Panel.
PRESTASHOP - an e-commerce system (software) enabling the Customer to create a Store and configure it using the Configurator.
PANEL - a tool that allows you to view data regarding the Store, use the Configurator, place Orders and pay for them, to which logging in takes place via the Customer Account.
STORE - the Customer's online store created using the Configurator in the PrestaShop software.
CONFIGURATOR - a system available after logging in to the Panel, enabling the Customer to configure the Store in accordance with his individual needs by selecting the appropriate options and parameters.
MODULES - Store extensions offered by the Service Provider or external entities that can be ordered and installed via the Configurator.
TEMPLATE - a ready-made graphic design of the Store's website.
PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Service Provider for the Service.
DIGITAL ENVIRONMENT - computer hardware, software and network connections used by the Customer to access or use the Digital Content or Digital Service.
COMPATIBILITY - interaction of the Digital Content or Digital Service with computer hardware or software that is usually used to use the same type of Digital Content or Digital Service, without the need to transform them.
FUNCTIONALITY - the ability of the Digital Content or Digital Service to perform its functions, taking into account their intended use.
INTEGRATION - connection of the Digital Content or Digital Service with elements of the Customer's Digital Environment and its inclusion in these elements in order to ensure compliance with the Agreement for the provision of
Digital Content or Digital Service.
INTEROPERABILITY - the ability of the Digital Content or Digital Service to interact with computer hardware or software other than those normally used to use the same type of Digital Content or Digital Service.
§ 3
INFORMATION ON THE SERVICES AND THEIR ORDERING
General information.
The Service Provider provides Services via the Internet,
Digital Content and Digital Services provided by the Service Provider are Functional and Compatible with PrestaShop and with equipment that meets the technical requirements indicated on the Website or in the Panel. In the
event that the Customer used the trial version of the Service, the Digital Service or Digital Content is also compatible with the trial version made available to the Customer before concluding the Agreement for the provision
of Digital Content or Digital Service,
the information contained in the Panel does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase the Service under the conditions indicated in the Panel and
Configurator,
the price of the Service shown on the Website is given in Polish zlotys (PLN) or in another currency, e.g. euro (EUR) or dollars (USD) and may be both net and gross value,
due to the individual nature of the Services provided by the Service Provider, the prices of the Services depend on the options selected by the Customer,
the fee for full activation of the Store shown in the Panel is a one-time value and is a gross value,
Customers can order Services through the Panel using the Order Form - 24 hours a day throughout the year,
in order to place an Order, the Customer is obliged to register an Account in the Panel beforehand,
the condition for placing an Order by the Customer is also to read these Regulations and accept its provisions at the time of placing the Order,
The Service Provider provides the Customer with the Digital Service or Digital Content in the latest version, recognized by the Service Provider as stable and secure, available at the time of concluding the Agreement for the
provision of Digital Content or Digital Service,
The Service Provider clearly informs the Customers about Unit Prices as well as promotions and reductions in the Prices of Digital Services and Digital Content. In addition to the information about the reduction, the Service
Provider shows the lowest Price of the Digital Service or Digital Content, which was in force in the period of 30 days before the introduction of the reduction, and if the Digital Service or Digital Content is offered for
sale in a period shorter than 30 days - the Service Provider shows the lowest Price of the Digital Service or Digital Content, which was in force in the period from the date of commencement of offering this Digital Service
or Digital Content for sale to the date of introduction of the discount,
if a given Digital Content or Digital Service issued by the Service Provider is subject to updates, the Service Provider informs the Customer about the updates and the consequences of not installing them:
in the case of continuous delivery of Digital Content or Digital Service - throughout the duration of the Agreement for the provision of Digital Content or Digital Service,
in the case of delivery of Digital Content or Digital Service in a one-off or in parts - for the time reasonably expected by the Customer, taking into account the purpose of using the Digital Content or Digital
Service as well as the circumstances and nature of the Agreement for the provision of Digital Content or Digital Services,
The Customer is obliged to install updates provided by the Service Provider within a reasonable time. If the Customer fails to install the update in accordance with the instructions provided by the Service Provider and after
informing the Customer about the consequences of not installing the update, the Service Provider is excluded from the Service Provider's liability for non-compliance of the Digital Content or Digital Service with the
Agreement.
logotype.
The Customer also has the option of Ordering the Service from the Service Provider to create the Store's logotype,
in order to place an Order for the Store's logotype, the Customer is required to provide the logotype requirements, i.e. its colors, text and several other example logotypes via the Configurator or by sending a message
to the following address: contact@prestapros.com.
Within a maximum of 7 days from paying for the Service by the Customer, the Service Provider sends three different logotype proposals to the Customer. The Customer is obliged to choose one logotype from among them, for the
refinement of which the Customer is entitled to two cycles of corrections included in the price of the Logotype creation service,
the price for creating a logotype is added to the price of the Store,
after the final determination and acceptance of the logotype by the Customer, the Service Provider, in a separate agreement, transfers the copyrights to the logotype to the Customer.
Trial.
The Service Provider provides Customers with the opportunity to test the Service consisting in creating a Store in the PrestaShop system by using a 7-day trial period,
during the trial period, the Customer may not use all available options of the Store, and the Service Provider has full access to the Store and the Customer's data,
if during the trial period or its expiry the Customer does not pay for the Service by making a one-off payment for the Store, access to the Store is blocked. The customer has the option of removing the blockade by paying a
one-time fee for the Store within 7 days from the date of imposing the blockade,
lack of payment within the period referred to in point 3.3 results in permanent deletion of the Store.
The Service Provider may refuse to grant the Customer a trial period without giving a reason.
Domain purchase.
The customer has the option of purchasing a domain through the Configurator. If this option is used, the Customer may not use the trial period referred to in point 3 of this paragraph, and the domain is registered to the
Service Provider for one year,
the purchase of a domain extends the term of the Store preparation service due to the need to assign the domain to the target server by the Service Provider,
in order to maintain the domain for another year, the Customer is obliged to pay for it before the end of the year in which the domain is registered with the Service Provider,
in the absence of the payment referred to in point 4.3 of this paragraph - the domain ceases to function, with further access to files (if the hosting works).
Modules and templates.
Modules and Templates created by the Service Provider are licensed for only one domain,
if the Customer does not provide the target domain name in the Configurator, he is obliged to inform the Service Provider about determining the target domain immediately after transferring the purchased Store to it,
changing the domain causes the need to purchase a new license for the Module or Template,
the provisions of points 5.1 to 5.3 of this paragraph do not apply to Templates and Modules created and made available by the Service Provider to Customers free of charge.
§ 4
CONCLUSION OF AGREEMENT FOR PROVIDING A DIGITAL SERVICE OR DIGITAL CONTENT
In order to conclude an Agreement for the provision of Digital Content or Digital Services, it is necessary for the Customer to place an Order in advance using the method provided by the Service Provider, in accordance with § 3
points 1.7, 1.8 and 1.9 of the Regulations,
after placing the Order, the Service Provider immediately confirms its receipt. Confirmation of receipt of the Order is made by sending an e-mail.
Confirmation of receipt of the Order includes:
confirmation of all essential elements of the Order,
contract withdrawal form,
these Regulations containing information on the right to withdraw from the contract,
confirmation of the Service Provider that the Consumer or the entity referred to in § 9 of the Regulations have lost the right to withdraw from the Agreement for the provision of Digital Content or Digital Services, provided
that the Consumer or the entity referred to in § 9 of the Regulations have agreed to the performance of the service before the expiry of the deadline to withdraw from the Agreement.
Upon receipt by the Customer of the e-mail message referred to in point 3, an Agreement for the provision of Digital Content or Digital Service is concluded between the Customer and the Service Provider.
Each Contract for the delivery of Digital Content or Digital Service will be confirmed by a proof of purchase, which will be available in the Customer Account.
As soon as the Customer pays for the Digital Content or Digital Service, the Service Provider grants the Customer a paid, non-exclusive license to use the Digital Content or Digital Service only for purposes related to the
Customer's activity and in accordance with the intended use of the Digital Content or Digital Service.
The license for Digital Content or Digital Services is non-exclusive, is granted for an indefinite period and is valid without territorial restrictions, without the right to further sublicence. In particular, the Customer is not
entitled to make the Digital Content or Digital Service available to third parties or any other use inconsistent with the license.
In particular, the following are prohibited: any further distribution, reproduction, trade, duplication, sharing on the internal network, making the Digital Content or Digital Service publicly available, in particular for commercial
purposes, regardless of the method and form, also on closed websites, such as intranet or internal newsletter .
§ 5
PAYMENT METHODS
The Service Provider enables Customers to settle accounts with the Service Provider in 3 different ways, depending on the type of Service chosen by the Customer:
in the form of packages for a certain number of man-hours,
in the form of a monthly subscription,
by billing for the performance of a specific Service.
If the Customer chooses the method of settlement referred to in point 1.1, the Customer is assigned a project manager who examines the Customer's needs and then, on this basis and on the basis of information provided by the
Customer, conducts an initial valuation containing information on the number of hours needed to implement them , the price for one man-hour and the proposed completion date.
If the Customer selects the method of settlement referred to in point 1.2, the Customer is assigned a programmer who remains at the Customer's disposal for a certain number of hours and may perform any work on the Customer's
Store.
The method of settlement referred to in point 1.3 applies in particular to the implementation of new Stores and the development of Modules or Templates and consists in a one-time payment for the Service provided by the Service
Provider.
Depending on the selected settlement method, payments can be made:
by payment by bank transfer to the Service Provider's bank account
through electronic payment services.
In the case of payment via electronic payment services, the Customer makes the payment before starting the execution of the Order. Electronic payment services allow you to make payments by credit card or quick transfer from selected
Polish and foreign banks.
The Customer is obliged to pay the price under the Agreement for the provision of Digital Content or Digital Service within the period agreed individually between the Customer and the Service Provider.
The Service Provider shall provide the Customer with the Digital Content or Digital Service immediately after the conclusion of the Agreement and payment for the Service on the terms set out in the Regulations. The day of crediting
the Service Provider's bank account is considered the day of payment.
§ 6
REALIZATION OF THE SERVICE
General information.
After the Customer purchases the Service consisting in creating the Store, the Order is transferred for execution in accordance with the data provided by the Customer in the Configurator,
The Digital Content or Digital Service is delivered after the expiry of the deadline to withdraw from the Agreement for the supply of Digital Content, unless the Customer has previously expressly consented to the delivery of
Digital Content before the expiry of this period,
subject to point 1.2, the implementation of the Service consisting in creating the Store takes place as soon as possible, but not later than within 3 business days from the date of payment for the Order by the Customer or granting a trial period. In the event of random factors, the time may be extended,
The Customer is notified by the Service Provider of the completion of the Order by e-mail. After receiving information about the readiness of the Store, the Customer may download from the Panel a document confirming the
performance of the service (proof of purchase),
after paying for the Order by the Customer, the Service Provider provides the Customer with full details of the Store and at the same time loses control over it,
The Customer may set up more than one Store only after paying for all previously established Stores. The exception is when the other Stores have been removed by the Service Provider, e.g. due to the lack of payment for the
extension of the trial period,
The Service Provider offers the Customer the opportunity to change, develop or maintain the Store in various settlement models referred to in § 5 point 1.
The Service Provider also offers a whole package of services related to the marketing and analysis of the Store. In order to obtain a specific offer, the Customer must contact the Service Provider by e-mail or via the
Valuation Form.
In the case of the service using a subdomain, the Service Provider does not guarantee the generation of an SSL certificate for the given address and reserves the right to change the top-level domain (TLD) in the event of
demand preventing the provision of the Service within the time limit set by the Regulations.
The Service Provider reserves the right to publish on its website and in promotional materials the implementation made by the Configurator for the Customer
Domain Policy.
The configurator allows the Customer to configure the Store on his own domain. In this case, the Store is first placed on a subdomain, and then the Customer is asked to change the DNS to those indicated by the Service
Provider. After the Customer confirms the change, the Service Provider reconfigures the Store in such a way that it works on the Customer's domain. The Service Provider may, at the Customer's request, make changes to
the DNS for the Customer, which may involve additional costs,
Although the Service Provider does not provide for changes in the provision of the service consisting in providing the address of the Store on a subdomain, it reserves the right to pay fees for the use of a subdomain in the future. At the same time, no additional fee for using the subdomain will be charged at least one year after the purchase of the store. The Service Provider also does not rule out a complete resignation from the provision of such a service in the future. Therefore, the Service Provider reserves the right to notify the Customer in advance (at least one month in advance) of the need to change the address of the store, if it was placed with the subdomain option. At the same time, as above, the Customer may use the subdomain without additional fees, at least one year from the purchase of the Store, even if information about resignation from the service is provided.
Hosting.
For a period of one year, the Customer receives disk space on the Service Provider's server to be used in connection with running the Store. The customer who has paid for the Store has the right to full access to files
via FTP and database tools. Ultimately, the Service Provider recommends to the Customer himself or with the help of the Service Provider (additional fee) to move to his own server,
in the event that the Customer reports to the Service Provider with a request to remove his Store from the Service Provider's server, and the Store installation service on the Service Provider's server has already
been completed, the previous costs will not be returned to the Customer,
if the Service Provider's hosting is sufficient for the Customer, the Customer may, after one year referred to in point 3.1, continue to use the Service Provider's server, which is possible after the Customer pays
the fee for the next year,
if the Customer does not pay for the hosting service provided by the Service Provider for the next year, referred to in point 3.3, the Store will be blocked for 7 days, and after the next 30 days it will be permanently
deleted,
The Customer may transfer to its own server or the server of a third-party provider on its own or use the Service Provider's assistance in this respect. The scope of assistance can be selected already at the Configurator
stage or at a later stage, after contacting the Service Provider on this matter. Additional fees are charged for assistance, depending on the scope of work needed.
Technical assistance.
for the Service of creating Shops by the Configurator, the Service Provider's technical support is provided only through the Customer Panel,
technical support is provided by the Service Provider in Polish and English,
The technical support service is provided on business days from 9:00 to 17:00 CET,
The Service Provider may refuse support or charge additional fees for it if the problem resulted from the Customer's actions or is not related to the subject of the Service.
Rules for using the man-hour package.
Through the Configurator, the Customer has the option of ordering man-hours during which the Service Provider will perform programming work in the Customer's Store or ordering the help of a project manager,
tasks that the Customer would like to be performed during the man-hours purchased by him are selected by the Customer in the Panel. In the Panel, the Customer can add comments to the tasks and is informed about the progress
and time of the work performed,
due to the fact that man-hours for the performance of works are purchased by the Customer in advance, the Service Provider reserves the right to refuse to perform some or all of the tasks ordered by the Customer. In this
case, the Service Recipient returns to the Customer part or all of the costs of the purchased man-hour package, according to the scope of tasks rejected by the Service Provider,
in the event that the tasks assigned by the Customer exceed the time frame of the package of hours purchased by the Customer, the Customer is immediately informed by the Service Provider. The customer has the option of
resigning from part of the task implementation or purchasing more man-hours,
The customer is obliged to use the man-hours within 2 months from the date of their purchase. After this period, unused man-hours cannot be used by the Customer, subject to the situation referred to in point 5.7,
The Service Provider performs tasks from the man-hour package as soon as possible after their payment by the Customer,
if, for reasons attributable to the Service Provider, the time of using the hours is more than 2 months, the Service Provider will extend the time of using man-hours after consultation with the Customer.
§ 7
COMPLAINT
The basis and scope of the Service Provider's liability for non-compliance of the Service with the Agreement towards the Customer who is a Consumer are set out in the Act on Consumer Rights of 30 May 2014,
the basis and scope of the Service Provider's liability under the warranty towards the Customer who is an Entrepreneur are specified in the Civil Code of April 23, 1964,
The Service Provider is liable to the Customer who is a Consumer or an entity referred to in § 9 of the Regulations for non-compliance of the Digital Content or Digital Service with the Agreement:
if the Digital Content or Digital Service is provided to the Customer on a continuous basis - throughout the duration of the Agreement,
in the event that the Digital Content or Digital Service is delivered in a one-time manner or in parts - the Service Provider is responsible for the lack of compliance with the contract existing at the time of delivery of
the Digital Content or Digital Service and revealed within 2 years from that moment,
The Customer is obliged to cooperate with the Service Provider in order to determine whether the lack of compliance of the Digital Content or Digital Service with the Agreement results from the characteristics of the Customer's
Digital Environment,
notification of defects or non-compliance with the Agreement regarding the Service and the submission of a relevant request can be made via e-mail to the following address: contact@prestapros.com.
in the above e-mail message, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided
will significantly facilitate and accelerate the consideration of the complaint by the Service Provider,
The Service Provider will respond to the Customer's request immediately, no later than within 14 days of submitting the complaint,
in the case of a complaint from a Customer who is a Consumer or an entity referred to in § 9 of the Regulations - failure to consider the complaint within 14 days of its submission is tantamount to its consideration,
The Customer may first demand that the Digital Content or Digital Service be brought into compliance with the Agreement. The Customer may request a price reduction and withdrawal from the contract only in the cases specified in the
Act on Consumer Rights of May 30, 2014 (e.g. when the non-compliance of the Digital Content or Digital Service with the contract is significant, when the Service Provider refused to provide the of the Digital Content or Digital
Service for compliance with the contract or in the event that the lack of compliance of the Digital Content or Digital Service persists despite the fact that the Service Provider has tried to bring the Digital Content or Digital
Service into compliance with the contract),
in connection with a justified complaint of a Customer who is a Consumer or an entity referred to in § 9 of the Regulations, the Service Provider, respectively:
brings the Digital Content or Digital Service into compliance with the Agreement at its own expense,
reduces the price of the Digital Content or Digital Service (the reduced price must remain in the proportion of the price of the Digital Content or Digital Service in accordance with the contract to the Digital Content or
Digital Service that is not in accordance with the contract, and additionally if the Digital Content or Digital Service is delivered in parts or continuously - take into account the time when the Digital Content or Digital
Service was inconsistent with the Agreement) and returns the value of the reduced price to the Consumer or the entity referred to in § 9 at the latest within 14 days of receiving the authorized price reduction statement from
the Consumer or the entity referred to in referred to in § 9,
in the event of an authorized withdrawal from the contract by the Consumer or the entity referred to in § 9 - the Service Provider returns the price of the Digital Content or Digital Service to him within 14 days at the
latest. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 9 is obliged to immediately stop using the Digital Content or Digital Service,
the response to the complaint is provided on paper or another durable medium, e.g. an e-mail or text message,
The Service Provider is not entitled to demand payment for the time in which the Digital Content or Digital Service was inconsistent with the Agreement, even if the Customer actually used it before withdrawing from the Agreement,
The Service Provider is obliged to reimburse the price only in the part corresponding to the Digital Content or Digital Service that is inconsistent with the contract and the Digital Content or Digital Service whose delivery
obligation has been terminated as a result of withdrawal from the contract.
Complaints are not subject to any defects resulting from the incorrect operation of the Prestashop software itself, the default, free template and free third-party modules.
§ 8
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
Subject to point 4 of this paragraph, the Customer who is also a Consumer or an entity referred to in § 9 of the Regulations who concluded a distance contract may withdraw from it without giving reasons by submitting a relevant
statement within 14 days.
In the event of withdrawal from the contract, the contract is considered void.
The fourteen-day period in which the Consumer or the entity referred to in § 9 of the Regulations may withdraw from the contract is counted as:
for a contract under which the Service Provider issues the product being obliged to transfer its ownership - from the date on which the Consumer or the entity referred to in § 9 of the Regulations (or a third party indicated
by them other than the carrier) took possession of the product,
for a contract that covers many products that are delivered separately, in batches or in parts - from taking possession of the last product, its batch or part
for a contract involving regular delivery of a product for a definite period of time - from taking possession of the first of the goods,
for other contracts - from the date of conclusion of the contract.
The right to withdraw from a distance contract is not entitled to the Consumer or the entity referred to in § 9 of the Regulations in the case of:
contracts for the supply of Digital Content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur started the service with the express and prior consent of the Consumer,
who was informed before the performance that before the performance of the service by the entrepreneur he will lose the right to withdraw from the contract and took note of it,
contracts for the provision of services, for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the
commencement of the service that after the performance of the service by the entrepreneur he would lose the right to withdraw from the contract and acknowledged this .
If the Consumer exercises the right to withdraw from the contract after submitting a request for the performance of the service, he is obliged to pay for the services provided until the withdrawal from the contract.
The amount of payment is calculated in proportion to the scope of the service provided. The basis for calculating this amount is the market value of the benefit provided.
The right to withdraw from the Agreement is vested in both the Service Provider and the Customer in the event of failure by the other party to the agreement to fulfill its obligation within a strictly specified period.
After the Customer withdraws from the contract in accordance with § 7 point 1.10 letter c) or in accordance with this paragraph, the Service Provider may not use content other than personal data provided or generated by the Customer
when using the Digital Content or Digital Service, with the exception of content that :
are useful only in connection with the Digital Content or Digital Service that was the subject of the contract,
relate only to the Customer's activity while using the Digital Content or Digital Service, which was the subject of the contract,
have been combined by the Service Provider with other data and cannot be disconnected without undue difficulty,
they were created by the Customer together with other Customers who can still use them.
Except for the cases referred to in point 8 of this paragraph, the Service Provider, at the request of the Customer, provides him with content other than personal data that was provided or created by the Customer while using the
Digital Content or Digital Services provided by the Service Provider free of charge, within a reasonable period of time and commonly used machine-readable format.
In the event of withdrawal from the contract, the Service Provider may prevent the Customer from further use of the Digital Content or Digital Services, in particular by preventing the Customer from accessing the Digital Content or
Digital Services or blocking the User Account.
§ 9
PROVISIONS RELATING TO ENTREPRENEURS WITH CONSUMER RIGHTS
An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Consumer Rights Act, provided that the contract he concludes with the Service
Provider is directly related to his business activity, but the content of this contract shows that there is no professional nature for him, resulting in particular from the subject of his business activity.
A person conducting business activity referred to in point 1 of this paragraph is protected only in the scope of:
prohibited contractual provisions,
liability for non-compliance of the Digital Content or Digital Service with the contract,
the right to withdraw from a distance contract,
rules regarding the Agreement for the supply of Digital Content or Digital Service.
The entrepreneur referred to in point 1 of this paragraph loses his rights under consumer protection if the Agreement concluded with the Service Provider is of a professional nature, which is verified on the basis of the
entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in in particular the codes of the Polish Classification of Activities indicated therein.
Entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided for Consumers by poviat consumer ombudsmen as well as the President of the Office of Competition and Consumer Protection.
§ 10
TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider enables the use of Electronic Services via the Website, such as:
concluding Agreements for the provision of Digital Content or Digital Services via the Order Form,
Account,
Contact form,
Feedback System,
Valuation form.
The provision of Electronic Services to Service Recipients on the Website takes place under the conditions set out in the Regulations.
The Service Provider has the right to place advertising content on the Website. This content is an integral part of the Website and the materials presented therein.
§ 11
CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
The provision of Electronic Services specified in § 10 point 1 of the Regulations by the Service Provider is free of charge.
The period for which the contract is concluded:
the contract for the provision of Electronic Services consisting in the use of the Order Form (enabling the submission of Orders) on the Website is concluded for a definite period of time and terminates when the Order is
placed or ceases to be placed by the Service Recipient,
the contract for the provision of Electronic Services consisting in maintaining an Account on the Website is concluded for an indefinite period,
the contract for the provision of Electronic Services consisting in enabling the sending of messages to the Service Provider via the Contact Form is concluded for a definite period of time and terminates upon sending the
message or ceasing to send it by the Service Recipient,
the contract for the provision of Electronic Services consisting in enabling the addition of an opinion via the Opinion System is concluded for a definite period of time and terminates when the message is sent or the
Customer ceases to send it,
the contract for the provision of Electronic Services consisting in enabling the sending of an inquiry via the Valuation Form is concluded for a definite period of time and terminates upon sending the message or ceasing to
send it by the Service Recipient.
Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
a computer (or mobile device) with Internet access,
access to e-mail,
Web browser,
enabling Cookies and Javascript in the web browser.
The Service Recipient is obliged to use the Website in a manner consistent with the law and morality, taking into account respect for personal rights and intellectual property rights of third parties.
The Service Recipient is obliged to enter data consistent with the facts.
The service recipient is prohibited from providing illegal content.
§ 12
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
Complaints related to the provision of Electronic Services via the Website may be submitted by the Customer via e-mail to the following address: contact@prestapros.com
In the above e-mail, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will
greatly facilitate and accelerate the consideration of the complaint by the Service Provider.
Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days of notification.
The Service Provider's response regarding the complaint is sent to the Customer's e-mail address provided in the complaint or in another manner provided by the Customer.
§ 13
CONDITIONS FOR TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
Termination of the contract for the provision of Electronic Services:
a contract for the provision of Electronic Services of a continuous and indefinite nature (maintaining an Account) may be terminated,
The Service Recipient who is a Consumer may terminate the contract with immediate effect and without giving reasons by sending a relevant statement via e-mail to the following address: contact@prestapros.com
A Service Recipient who is not a Consumer may terminate the contract without giving reasons by sending a relevant statement via e-mail to the following address: contact@prestapros.com The notice period is 14 days.
The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a notice of termination to the Service Recipient who is not a Consumer,
termination leads to termination of the legal relationship with effect for the future.
The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by mutual agreement.
§ 14
INTELLECTUAL PROPERTY
All content posted on the website at www.prestapros.com is protected by copyright and (subject to § 14 point 3 and used under license, transfer of copyright or fair use) is the property of Szymon Fabiański and Michał Janeczek, who
run a business in the form of civil partnership FLUM SPÓŁKA CIWILNA, NIP: 6772441405, REGON: 382388063, place of business and address for service: ul. Juliusza Lea 22/7, 30-052 Krakow, Poland. The Service Recipient bears full responsibility
for damage caused to the Service Provider, resulting from the use of any content of the website www.prestapros.com, 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 that make up the content and content of the www.prestapros.com website constitutes a violation 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 Website at www.prestapros.com 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 Website at www.prestapros.com are used for information purposes.
§ 15
RESPONSIBILITY
On the Website, it is forbidden for Customers to create Shops where services or goods are sold, the sale of which is prohibited by law. The Service Provider reserves the right to block the Customer's Account that violates the
law, block its Stores and inform the relevant services about the Customer's activity.
The Service Provider also reserves the right to suspend or permanently remove the Customer's Store if the Customer undertakes harmful actions on the Service Provider's hosting (unlawful content, viruses, spam, etc.).
The Service Provider is not responsible for damages caused to the customers of the Stores by the Service Provider's customers.
The Service Provider is not responsible for the Compatibility, Interoperability and operation of Third-party Modules and Templates.
The Service Provider is not responsible for changes made by the Customer in the Store on their own or with the help of third parties, after the Service Provider has transferred the Store to the Customer.
The Service Provider is not responsible in relation to the Service Recipients who are Entrepreneurs:
for any damages and losses directly or indirectly (including damages for loss of profits from running a business, interruptions in business operations or loss of economic information and other property damages), arising from
the use, inability to use or incorrect operation of the Website software, damages resulting from the shutdown or failure of the ICT system, failure of the power grid,
in connection with the improper use of the Website by the Service Recipient who is an Entrepreneur and the improper functioning of computer hardware, computer software or the communication system by means of which the
Service Recipient connects to the Website system,
for any damages resulting from errors, failures and interruptions in the Website or caused by incorrect recording or reading of data downloaded by the Service Recipients,
for disruptions in the proper functioning of the Website as well as loss of data of Service Recipients who are not Consumers resulting from force majeure or third parties,
for the actions of third parties consisting in the use of data and materials placed on the Website inconsistent with generally applicable law or the Regulations,
for the benefits lost by the Customer resulting from the operation of the disk space offered by the Service Provider,
The Service Provider is not responsible for the benefits lost by the Customer who is an Entrepreneur (including the lost benefits resulting from the operation of the disk space offered by the Service Provider), and its
possible liability for non-performance or improper performance of the Agreement is limited to the amount of the Service Provider's remuneration specified in the Agreement for the provision of Digital Content or Digital
Service.
The Service Provider reserves the possibility of temporary interruptions in the operation of the Website. These interruptions may occur in connection with maintenance or modernization of the Website. In the case of technical breaks,
the Service Provider will publish information about the estimated time of the technical break and will take steps to ensure that the technical breaks are the least onerous for the Customers.
The Service Provider will make every effort to ensure that the data available on the Website are complete and up-to-date and presented with due diligence, taking into account the existing factual and legal circumstances, within the
limits permitted by law.
Service Recipients bear full responsibility for breaking the law or damage caused by their activities on the Website, in particular providing false data, disclosure of classified information or other secrets protected by law,
violation of personal rights or copyright and related rights.
The Customer bears sole responsibility for infringement of proprietary copyrights and related rights as well as personal rights of third parties, and in the event of any claims or demands made by any person regarding the Store
against the Website, I undertake to release the Website from any liability and to fully satisfy the claims of third parties .
The Service Provider is responsible for processing the personal data of the Service Recipients inconsistently with the purposes of the Website or in violation of the provisions of the GDPR.
§ 16
ENROLLING DATA PROCESSING
The Service Recipient who is the administrator of personal data of End Customers entrusts them to the Service Provider in order to enable him to provide Services in accordance with the Agreement for the provision of Digital Content
or Digital Services.
The service provider undertakes to process the entrusted data with particular care so that they fully comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) - GDPR.
Under the conditions set out in this paragraph, the Service Recipient entrusts the Service Provider with the processing (within the meaning of the GDPR) of the personal data described below.
The processing will cover the following types of personal data of End Customers:
name and surname, address of residence, telephone number, e-mail address - in the case of End Customers who are Consumers,
name and surname, company, registered office or business address, NIP, REGON, telephone number, e-mail address - in the case of End Customers who are Entrepreneurs,
other data entered by the Customer within the Panel.
The service provider may entrust specific data processing operations ("sub-processing") by means of a sub-processing agreement to other processors ("sub-processors").
The Service Provider declares that it does not transfer data to a third country or an international organization (i.e. outside the European Economic Area - EEA). The Service Provider also declares that it does not use subcontractors
who transfer data outside the EEA.
If the Service Provider intends or is obliged to transfer data outside the EEA, he informs the Service Recipient about it in order to enable him to make decisions and take actions necessary to ensure the lawfulness of the processing
or to terminate the entrustment of the processing.
The Service Provider obtains from persons who have been authorized to process data a documented commitment to keep confidential all information to which these persons have gained access.
The service provider ensures data protection and takes data protection measures referred to in art. 32 GDPR.
The Service Provider shall notify the Service User of any suspected data breach no later than 24 hours from the first notification, enable the Service User to participate in the investigation activities and inform the Service User
about the findings as soon as they are made, in particular about finding a violation or lack of it.
The Service Recipient declares that he is the administrator of data of End Customers and that he is authorized to process them to the extent that he entrusted them to the Service Provider.
The Service Provider declares that it guarantees the proper processing of the data entrusted to it, in accordance with the rules set out in this paragraph and the provisions of the GDPR.
The service provider is responsible for damages caused by its actions in connection with failure to comply with the obligations imposed by the GDPR directly on the processor. The Service Provider is responsible for damages caused by
failure to apply appropriate security measures.
If the sub-processor fails to fulfill its data protection obligations, full liability towards the Service Recipient for the sub-processor's failure to fulfill the obligations rests with the Service Provider.
The Service Provider processes the data of End Customers entrusted to it from the moment they are placed in the Store, as long as it is necessary to perform the contract, and after that time for a period corresponding to the
limitation of claims.
After the expiry of the period necessary for data processing in order to perform the contract and the period of limitation of claims, the Service Provider is obliged to delete the data and inform the Service Recipient on a durable
medium (e.g. e-mail) about the date and manner in which the data was deleted.
§ 17
FINAL PROVISIONS
These Regulations are valid from 2023-01-01
Agreements concluded through the Website are concluded in accordance with Polish law.
In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations, and the remaining provisions shall remain
in force.
If the Digital Content or Digital Services are delivered to the Customer continuously or in parts, the Service Provider is entitled to make changes to them in order to improve them and improve their functionality. These changes do
not cause any costs for the Customer.
The Service Provider informs the Customer about the changes referred to in point 4 in a clear and understandable manner, and if the introduced change affects the Customer's access to and use of the Digital Content or Digital
Service, the Service Provider informs the Customer about it in advance and by sending a durable medium of information about:
the date of making the change,
change properties,
the right to terminate the contract without observing the notice period within 30 days from the date of making the change or informing about this change, if the notification took place later than this change - § 8 points
8-10 of the Regulations shall apply accordingly in this situation.
The Service Provider is released from the obligation referred to in point 5 of this paragraph if it has provided the Customer with the right to keep, without additional costs, the Digital Content or Digital Service in accordance
with the contract unchanged.
Changes made to the Website Regulations by the Service Provider are binding on the Service Recipient, provided that he has been properly informed about the changes and has not terminated the contract for the provision of electronic
services within 14 days from the date of notification of the changes to the Service Recipient by the Website.
Any disputes arising from the Agreements between the Service Provider and the Customers will be settled in the first place through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act
on out-of-court resolution of consumer disputes. However, if this would not be possible or would be unsatisfactory for either party, disputes will be settled by a competent common court, in accordance with point 6 of this paragraph.
Litigation of disputes:
any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer or an entity referred to in § 9 shall be submitted to the competent courts in accordance with the provisions of the
Code of Civil Procedure of November 17, 1964,
any disputes arising between the Service Provider and the Service Recipient (Client) who is not a Consumer at the same time, shall be submitted to the court competent for the seat of the Service Provider.
The rights and obligations of the Customer related to the use of the Website and the Panel may be assigned or otherwise transferred to third parties without the prior written consent of the Service Provider.
The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting, after the complaint procedure is completed, an application to initiate mediation or an application for
consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov. pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial
Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or social organization
whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.
In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.
Please note that, according to the nature of the Service, any additional services (such as consulting, additional configuration of the store and modules, programming work) may be additionally priced. The Service Provider also reserves the right not to undertake additional work without giving a reason.
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