FOR THE PROVISION OF CONSULTING SERVICES
§ 1 General provisions
§ 2 Technical requirements necessary to use the Website
3 Provision of services
§ 4 Liability for non-compliance of the Service with the Agreement
§ 5 Contracts for the supply of digital content or digital services.
§ 6 Liability for non-conformity of digital content or digital service with the Agreement.
§ 7 Product Prices and Delivery Cost
§ 8 Payment methods
§ 9 Right of withdrawal
§10 Refund of the amount paid by the Customer
§ 11 Newsletter
§ 12 Contact details of StartUp
§ 13 Final provisions
Communication on out-of-court dispute resolution
MODEL WITHDRAWAL FORM
COMPLAINT TEMPLATE
§ 1 General provisions
1. Tprolat website operating at www. tprolat. com (hereinafter: the Website) is run by: Foundation for Enterprise Development “Twój StartUp”, with its registered office in Warsaw, at Żurawia 6/12 lok. 766, 00-503 Warsaw, address for service: Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number 0000442857, NIP number: 521-364-12-11, REGON number: 146433467, BDO number: 000460502.
2. The provisions of the Regulations apply to activities performed for the Foundation for Enterprise Development “Twój StartUp” by an organized part of the enterprise o Tprolatnoperating at the Branch of the Foundation for Enterprise Development “Twój StartUp”, represented by Tatsiana Prolat (e-mail address: tprolat@com tel.: 571940888). The person indicated in this paragraph is appointed by the Foundation for Enterprise Development “Twój StartUp” to contact in the implementation of the provisions of the Regulations.
3. The Rules of Procedure shall specify in particular:
a) rules of using the Website;
b) conditions for placing orders for Products available on the Website;
c) time and rules of order fulfillment;
d) terms and forms of payment;
e) the Customer’s right to withdraw from the contract;
f) rules for submitting and considering complaints;
g) special rights of the Customer who is a consumer.
4. StartUp sells and provides Services via the Website, using means of distance communication. Contracts concluded by the Customer withe StartUp via the Website are distance contracts, within the meaning of the Act of 30 May 2014 on consumer rights.
5. The Customer is entitled and obliged to use the Website in accordance with its intended purpose and the principles of social coexistence and good customs.
6. Browsing the Website does not require registration, and placing orders for Products by the Customer does not require registering an account.
7. The Regulations are available free of charge on the Website, in a form that allows them to be obtained, reproduced and recorded.
8. The Customer is obliged to read the Regulations. Using the Website is possible only after reading and accepting the Regulations.
9. The client may be a person with full legal capacity.
10. The terms used in the Regulations shall mean:
a) StartUp – Foundation for Enterprise Development “Twój StartUp” with its registered office in Warsaw, Żurawia 6/12 lok. 766, 00-503 Warsaw, correspondence address: Atlas Tower, Aleje Jerozolimskie 123A, floor 18, 02-017 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the m.st. Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number: 0000442857, for which the NIP was assigned: 521-364-12-11, Identification number: 146-433-467, BDO: 000460502;
b) Customer – a person using the Website, purchasing Goods or Services provided by StartUp as part of the Website;
c) Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity;
d) Services – services provided by StartUp, offered to Customers via the Website, with the exception of Digital Services;
e) Digital service – a digital service within the meaning of Article 2 point 5a of the Act of 30 May 2014 on consumer rights, provided by StartUp, offered to Customers via the Website;
f) Goods – movable items sold by StartUp to Customers via the Website;
g) Products – Goods, Services or Digital Services;
h) Website – website at www. tprola.com through which StartUp provides electronic services to the Customer, as well as offers Products to Customers and enables the conclusion of contracts;
i) Agreement – an agreement concluded between StartUp and the Customer via the Website;
j) Account – an individual account of the Customer on the Website, enabling him to use the Services and Digital Services and conclude Agreements, after logging in;
k) working days – all days excluding Saturdays, Sundays and public holidays;
l) Regulations – these regulations.
11. In the event of a justified suspicion that the Customer has provided false data, StartUp has the right to withdraw from the Agreement by notifying the Customer thereof.
12. If the Customer provides incorrect or inaccurate data, including in particular an incorrect or inaccurate address, StartUp shall not be liable for non-delivery or delay in delivery of the Goods or failure to perform the Service or Digital Service, to the fullest extent permitted by law.
13. The information contained on the Website, including in particular announcements, advertisements and price lists, does not constitute an offer within the meaning of art. 66 of the Act of 23 April 1964 Civil Code. The information contained on the Website constitutes an invitation to conclude the Agreement, described in art. 71 of the Civil Code.
14. StartUp is obliged to provide the Customer who is a Consumer, in a clear and visible manner, immediately before placing an order by the Customer, with information in particular about:
a) the main features of the service, taking into account the subject of the service and the method of communication with the Client,
b) the total price or remuneration for the service, including taxes, and, where the nature of the subject of the service does not allow it to be calculated in advance, the manner in which they will be calculated, as well as the charges for transport, delivery, postal services and other costs, and where these charges cannot be determined, the obligation to pay them;
c) the right to withdraw from the contract or the absence of this right,
d) the duration of the contract or the manner and grounds for terminating the contract – if the contract is concluded for an indefinite period or if it is to be automatically extended;
e) the minimum duration of the Customer’s obligations under the contract.
15. If StartUp provides for the possibility of accepting individual orders from Customers (on request), such orders may be placed by Customers via the StartUp e-mail address indicated on the Website. In this case, StartUp makes a valuation and sends it to the e-mail address indicated by the Customer.
16. The delivery time of an individual order (on request) is 30 days from the conclusion of the Agreement, unless StartUp has informed the Customer, at the latest before placing the order, about a different date.
17. The Website serves Customers all over the world, unless the StartUp offer on the Website contains different provisions.
§ 2 Technical requirements necessary to use the Website
1. Toreview theWebsite, itis necessary to:
a) final devicewith accessto the Internet,
b) a web browser that allows you to accept cookies; for example, Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari in the current version;
c) akceptation of necessary cookies.
2. To use the functionality of the Website, in particular to register on the Website or place orders for Products, anactive e-mail account is necessary.
3. The website uses cookies in order to properly implement the servants’ services, as well as to ensure security. Blocking cookies, as well as the use of external applications used to block them, may result in incorrect operation of the Website, as well as prevent the proper implementation of theservice, for which StartUp is not responsible.
§ 3 Provision of Services
1. StartUp provides Customers with Services, the type, scope and detailed description of which are indicated on the Website. The services consist in particular in the sale of e-books, audio-video files, consultations, workshops and trainings.
2. Services are provided in the manner indicated on the Website, in particular on the website concerning a given Service.
3. StartUp publishes on the Website information on how the Customer places an order for Services. In order to place an order, the Customer indicates the Services in which he is interested, and then enters the data necessary to conclude the Agreement and perform the Service, including specifying the method of performing the Service (if applicable) and the method of payment.
4. If a button or similar function is used to place an order on the Website, it is marked in an easily legible way with the words “buy and pay” or other equivalent unambiguous wording.
5. Placing and approving an order entails the Customer’s obligation to pay remuneration for the Services and possible additional costs. Confirmation of the order by StartUp is the moment of conclusion of the contract for the provision of services between StartUp and the Customer.
6. The Customer is informed about the date of commencement and termination of the provision of Services before the conclusion of the Agreement, in particular via the Website.
7. If, at the express request of the Customer, the performance of the Service is to begin before the deadline to withdraw from the contract concluded away from the business premises, StartUp requires the Customer to submit a statement:
a) containing such an explicit request on a durable medium;
b) that it has taken note of the loss of the right of withdrawal once it has been fully performed by StartUp.
8. If the Customer does not agree to commence the performance of the Service before the deadline for withdrawal from the Agreement, the service is provided after the deadline for the Customer to withdraw from the contract, unless StartUp on the Website does not offer Customers the possibility of concluding Contracts without such consent.
9. The Customer may terminate the Agreement for the provision of Services, in writing or in document, with a 1-month notice period with effect at the end of the calendar month.
10. StartUp may terminate the Service Agreement, in writing or in document, with a 1-month notice period effective at the end of the calendar month, for important reasons. The parties consider the following to be valid reasons:
a) cessation or decision of StartUp to cease the functioning of an organized part of the StartUp enterprise , indicated in § 1;
b) a significant change or decision of StartUp on a significant change in the object of activity of an organized part of the StartUp enterprise , indicated in § 1;
c) a significant reorganization in the StartUp enterprise;
d) occurrence of failures or difficulties (in particular technical), not the fault of StartUp, preventing or significantly hindering the provision of Services to the Customer;
e) delay of the Client in payment of remuneration to StartUp;
f) material breach of the Agreement or the Regulations by the Customer.
§ 4 Liability for non-compliance of the Service with the Agreement
1. A complaint regarding Services provided contrary to the Agreement should contain a request, depending on the nature of the Service.
2. Complaints regarding non-compliance of the Service with the Agreement will be considered within 14 (in words: fourteen) days of its receipt.
3. In the event that StartUp does not respond to the complaint within the deadline, it is assumed that the complaint has been accepted.
4. StartUp informs the Customer about the result of the complaint consideration on paper or other durable medium.
5. If the complaint regarding the Service is accepted, StartUp performs the Service correctly, refunds all or part of the remuneration received to the Customer or performs other benefits for the Customer, depending on the type of Service and the circumstances of the case.
6. StartUp’s liability is limited to the value of the Service not performed or improperly performed. StartUp’s liability for damage caused by non-performance or improper performance of the Service does not cover lost profits.
7. StartUp’s liability for defects in the Services, as well as non-performance / improper performance of the contract concluded with the Customer, is excluded in the case of contracts concluded for the benefit of a Customer who is not:
a) Consumer;
b) a natural person concluding a contract with StartUp directly related to its business activity, when the content of this agreement shows that it does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
§ 5 Contracts for the supply of digital content or digital services.
1. The provisions of this paragraph and the following paragraph of the Regulations, in accordance with the provisions of Chapter 5b of the Act of 30 May 2014 on consumer rights, shall apply to Contracts for the supply of digital content or Digital Service concluded with:
a) a consumer, or
b) a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
2. StartUp publishes on the Website information on how the Customer places orders for Digital Services. In order to place an order, the Customer in particular indicates the Digital Services in which he is interested, and then enters the data necessary to conclude the Agreement and perform the Digital Service, including specifying the method of performing the Service (if applicable) and the method of payment.
3. If a button or similar function is used to place an order on the Website, it is marked in an easily legible way with the words “buy and pay” or other equivalent unambiguous wording.
4. Placing and approving an order entails the Customer’s obligation to pay remuneration for the Digital Services and any additional costs. Confirmation of the order by StartUp is the moment of concluding the contract for the provision of Digital Services with the Customer.
5. StartUp provides the Customer with digital content or a digital service immediately after the conclusion of the Agreement, unless the parties have agreed otherwise, in particular another date has been indicated on the Website on the website of a given Digital Service. The provision does not apply if the contract provides for the supply of digital content by means of a tangible medium. If the Customer does not agree to perform the service before the deadline for withdrawal from the Agreement, the service is provided after this period.
6. StartUp informs that the consent referred to in the previous paragraph results in the loss of the Customer’s right to withdraw from the contract.
7. StartUp may, for important reasons, make a modification to the digital content or digital service that is not necessary to maintain its compliance with the Agreement. In particular, the important interest of the customer or StartUp is considered to be important reasons. StartUp informs the customer in a clear and understandable way about the change made. If the change significantly and negatively affects the Customer’s access to or use of digital content or digital service, StartUp is obliged to inform the Customer in good time on a durable medium about the characteristics and date of the change and the right to terminate the contract without notice. The customer may terminate the contract without notice within 30 days from the date of the change.
8. The Customer may terminate the Agreement for the supply of digital content or Digital Services in writing or document, with a 1-month notice period with effect at the end of the calendar month.
9. StartUp may terminate the Agreement for the provision of digital content or Digital Services in writing or document, with a 1-month notice period with effect at the end of the calendar month, for important reasons. The parties consider the following to be valid reasons:
a) cessation or decision of StartUp to cease the functioning of an organized part of the StartUp enterprise , indicated in § 1;
b) a significant change or decision of StartUp on a significant change in the object of activity of the organized part of the StartUp enterprise, indicated in § 1;
c) a significant reorganisation in StartUp;
d) occurrence of failures or significant difficulties (in particular technical) in the functioning of the Website, not the fault of StartUp;
e) delay of the Client in payment of remuneration to StartUp;
f) material breach of the Agreement or the Regulations by the Customer.
10. To the extent not regulated in this paragraph, the provisions of Chapter 5b of the Consumer Rights Act shall apply.
§ 6 Liability for non-conformity of digital content or digital service with the Agreement.
1. If StartUp has not provided digital content or a digital service, the Customer calls on it to provide it. If StartUp fails to deliver the digital content or digital service immediately or within an additional period expressly agreed by the parties, the Customer may withdraw from the contract. The provision does not apply if the contract provides for the supply of digital content by means of a tangible medium.
2. StartUp is liable for non-conformity with the contract of digital content or digital service provided:
a) once or in part, which existed at the time of delivery and became apparent within two years of that date;
b) on a continuous basis which occurred or became apparent at the time at which they were contractually to be delivered.
3. If the digital content or digital service is not in conformity with the contract, the Customer may require it to be brought into conformity.
4. StartUp may refuse to bring digital content or digital service into conformity if it is impossible or would require excessive costs for StartUp to bring the digital content or digital service into conformity.
5. If the digital content or digital service is not in conformity with the contract, the Customer may make a statement of price reduction or withdrawal from the contract when:
a) bringing the digital content or digital service into conformity with the contract is impossible or requires excessive costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
b) StartUp has failed to bring the digital content or digital service into conformity with the contract in accordance with Article 43m(4) of the Consumer Rights Act;
c) the lack of conformity of the digital content or digital service persists despite the StartUp having attempted to bring the digital content or digital service into conformity;
d) the lack of conformity of the digital content or digital service with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protection measure specified in Article 43m of the Consumer Rights Act;
e) it is clear from the statement of StartUp or the circumstances that it will not bring the digital content or digital service into conformity within a reasonable time or without undue inconvenience to the Customer.
6. The reduced price shall be in proportion to the contract price in which the value of the digital content or digital service that is not in conformity remains in relation to the value of the digital content or digital service in conformity. Where the contract stipulates that the digital content or digital service is supplied in parts or in a continuous manner, the price reduction should take into account the period during which the digital content or digital service was not in conformity with the contract.
7. The customer may not withdraw from the contract if the digital content or digital service is supplied in exchange for the payment of a price and the lack of conformity of the digital content or digital service with the contract is negligible.
8. In the event of the Customer’s withdrawal from the contract, StartUp may demand the return of the material medium on which it delivered the digital content within 14 days from the date of receipt of the Customer’s statement of withdrawal from the contract. The customer returns the media immediately.
9. In the event of the Customer’s withdrawal from the contract, StartUp is obliged to refund the price only in the part corresponding to the content or digital service not in conformity with the contract and the digital content or digital service whose obligation to provide has fallen away as a result of withdrawal from the contract.
10. StartUp shall refund the price using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of reimbursement that does not involve any costs for it.
11. StartUp’s liability is limited to the value of the digital content or Digital Service to be delivered. StartUp’s liability for damage caused by non-performance or improper performance of a Digital Service or non-delivery of digital content does not cover lost profits.
12. A complaint regarding the non-compliance of the Digital Service with the Agreement will be considered within 14 (in words: fourteen) days of its receipt.
13. In the event that StartUp does not respond to the complaint within the deadline, it is assumed that the complaint has been accepted.
14. StartUp informs the Customer about the result of the complaint consideration on paper or other durable medium.
15. StartUp’s liability for non-conformity with the contract of digital content or the Digital Service, as well as non-performance / improper performance of the contract concluded with the Customer, is excluded in the case of contracts concluded with the Customerwithout being:
a) Consumer;
b) a natural person concluding a contract withe StartUp directly related to its business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
§ 7 Product prices and delivery costs
1. The prices placed next to the Products offered on the Website are gross prices, i.e. they include value added tax (VAT). Prices are given in the Polish currency (PLN – PLN).
2. The price given for a given Product does not include shipping costs.
3. Shipping costs shall be borne by the Customer, unless the content of the StartUp offer on the Website provides otherwise.
4. The total amount that the Customer must pay in connection with the purchase of the selected Product consists of the price of the Product and the cost of delivery.
5. If StartUp has not specified differently the manner of performance on the Website on the website of a given Product or in the course of placing an order by the Customer , the methods of delivery of the Products are as follows:
a) in the case of Goods – sent to the address provided by the Customer or by personal collection at the StartUp premises;
b) in the case of Services- to the e-mail address provided by the Customer;
c) in the case of other Services – in the manner specified on the Website on the website of a given Service or in the course of placing an order by the Customer, resulting in particular from the type of Service.
6. On the StartUp Website , it clearly indicates, at the latest at the beginning of the Customer’s order, clear and legible information about restrictions on the delivery of the Product.
§ 8 Payment methods
1. On the StartUp Website , it clearly indicates, at the latest at the beginning of placing an order by the Customer, clear and legible information about the accepted payment methods.
2. If on the Website – on the website of a given Product or in the course of placing an order by the Customer, StartUp has not specified the payment method differently, the Customer shall pay in one of the following ways:
a) by bank transfer using one of the electronic payment systems accepted by StartUp, allowyouto make quick payments for the order;
b) by ordinary bank transfer, to the account indicated by StartUp.
3. In order to be able to use one of the electronic payment systems, the customer must accept the terms and conditions of use of the electronic payment system. The list of electronic payment systems available on the Website is available during the finalization of the order.
4. In the event of withdrawal from the contract, the refund shall be made in the same way as the payment was made by the Customer, unless the Customer has expressly agreed to a different method of refund, which does not involve any costs for him.
5. StartUp does not allow customers to make cash payments.
§ 9 Right of withdrawal
1. The provisions of this paragraph shall apply to a Customer who is a Consumer or to a natural person concluding a contract with StartUp directly related to its business activity, when the content of this agreement shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
2. The Customer indicated in paragraph 1 has the right to withdraw from the Agreement without giving a reason and incurring costs, unless the provisions of generally applicable law or the provisions of these Regulations provide otherwise. The contract from which the Customer referred to in paragraph 1has withdrawn shall be deemed void.
3. To withdraw from the contract, it is sufficient to submit a statement of withdrawal from the contract and send it to StartUp within 14 (in words: fourteen) days.
4. The period for withdrawal from the contract begins:
a) for the Agreement under which StartUp issues the Goods, being obliged to transfer its ownership – from taking possession of the Goods by the Customer or a third party indicated by the Customer other than the carrier, and in the case of an Agreement that:
• includes many Goods that are delivered separately, in batches or in parts – from taking possession of the last Goods, their lots or parts,
• consists in regular delivery of the Goods for a definite period of time – from taking possession of the first of the Goods;
b) for other Agreements – from the date of conclusion of the Agreement.
5. To meet the deadline for withdrawal from the contract, it is sufficient:
a) sending a written statement to the address of StartUp indicated in the Regulations or Website, or
b) sending a statement in the form of a document to the StartUp e-mail address indicated in the Regulations or Website.
6. StartUp shall immediately send the Customer, on a durable medium, a confirmation of receipt of the declaration of withdrawal from the contract, submitted electronically.
7. In the event of withdrawal from the contract, the Customer is obliged to return the purchased Product immediately, no later than within 14 (in words: fourteen) days from the withdrawal from the contract, unless StartUp offered to collect the Goods itself. To meet the deadline, it is sufficient to send back the Goods before its expiry. The costs of returning the Goods shall be borne by the Customer.
8. In the event of withdrawal from the contract by the Customer, StartUp is obliged to return to the Customer the amount paid for the Product and the shipping costs to the Customer, within no more than 14 (in words: fourteen) days from the date of receipt of the declaration of will to withdraw from the contract. However, if the Customer has chosen a method of delivery of the Product other than the cheapest method offered on the Website for a given order, StartUp is not obliged to reimburse the Customer for the additional costs incurred by him.
9. StartUp will refund the payment using the same method used by the Customer, unless the Customer agrees with StartUp on a different method of refund, which does not involve any costs for it.
10. StartUp may withhold the refund of payments received from the Customer until it receives the Product back or the Customer provides proof of its return, whichever occurs first.
11. If the Customer has sent a statement of withdrawal from the contract before receiving an order confirmation from StartUp, the order is cancelled.
12. The Customer shall be liable for any decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and properties of the Goods.
13. The Customer is not entitled to withdraw from the contract in the cases indicated in the Act of 30 May 2014 on consumer rights, in particular in relation to contracts:
a) 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 start of the service that after the performance of the service by the entrepreneur he will lose the right of withdrawal, and has taken note thereof;
b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period;
c) in which the subject of the service is non-prefabricated goods, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
d) in which the subject of the service is goods subject to rapid deterioration or having a short shelf life;
e) in which the subject of the service is goods delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
f) in which the subject of the service are goods which, after delivery, due to their nature, are inseparably connected with other things;
g) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the entrepreneur has no control;
h) in which the consumer has expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides services in addition to those requested by the consumer or supplies goods other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is vested in the consumer in respect of additional services or goods;
i) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery;
j) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
k) concluded by way of a public auction;
l) for the provision of services in the field of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of the service;
m) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur has started the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur he will lose the right to withdraw from the contract, and the entrepreneur has provided the consumer with the confirmation referred to in Article 15 paragraph 1 and 2 or Article 21 paragraph 1 of the Act about consumer rights.
n) a statement of services for which the consumer is obliged to pay the price, where the consumer has expressly requested the trader to come to him for repair and the service has already been fully performed with the consumer’s express and prior consent.
14. StartUp will also correct the purchase documents previously provided to the Customer (VAT correcting invoice or correcting specification).
§ 10 Reimbursement of receivables paid by the Customer
StartUp will refund the funds, within 14 (in words: fourteen) calendar days, using the same payment methods as those used by the Customer for payment, unless the Customer has expressly agreed to a different method of refund, which does not involve any costs for him, in the case of:
a) withdraw from the contract in whole or in part (in which case the relevant part of the price is refunded) in the case of an order paid in advance before its implementation;
b) acknowledging the complaint and the inability to repair the damaged Goods or replace it with a new one or provide the Digital Service / Service in accordance with the contract;
c) recognition of the right to request a reduction in the price of the Product.
§ 11 Newsletter
1. The Customer may agree to receive commercial information, including commercial information by electronic means, by selecting the appropriate option in the registration form or via the Website. In the case of such consent, the Customer will receive an information newsletter (StartUp) to the e-mail address provided by him.
2. The Customer may at any time unsubscribe from the Newsletter by submitting a StartUp resignation.
§ 12 StartUp contact details
A customer from StartUp can contact:
1) by phone: 571940888;
2) via e-mail, to the following e-mail address: tprolat@gmail.com
§ 13 Final provisions
1. StartUp informs that the use of services provided electronically is associated with threats resulting from the publicly available nature of the Internet, including in particular the possibility of obtaining or modifying the Customer’s data sent by unauthorized third parties. In order to minimize the above threat, the Customer should apply appropriate security measures, including in particular the use of anti-virus programs, have up-to-date versions of web browsers and operating system and not use open access points.
2. To the fullest extent permitted by law, StartUp shall not be liable for blocking by mail server administrators of sending messages to the e-mail address indicated by the Customer and for deleting and blocking e-mails by software installed on the computer used by the Customer.
3. StartUp is not responsible for the devices and infrastructure used by the Customer, including malfunctions of public ICT networks, causing, for example, lack or disruption of access to the Website.
4. StartUp informs that the display of Product visualization in the Customer’s ICT system while using the Website depends on a number of factors, including the type of display matrix, proportions, resolution, method of its illumination, technologies used and efficiency of control electronics and settings. Discrepancies between the visualization available in the Customer’s ICT system and the actual appearance of the Product cannot be the basis for a complaint.
5. StartUp informs that all trademarks (logos, logos, brand names, etc.), graphic materials or photos posted on the Website are subject to legal protection and are used by StartUp for informational purposes only.
6. StartUp, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions, in the functioning of the Website caused by force majeure, unauthorized actions of third parties or incompatibility of the Website with the Customer’s technical infrastructure.
7. StartUp reserves the right to temporarily suspend the Website’s operations, in particular for maintenance, development or modernization works.
8. All names of Products offered on the Website are used for identification purposes and may be protected or reserved on the basis of the provisions of the Industrial Property Law.
9. StartUp points out that the Website contains content protected by intellectual property rights, in particular works protected by copyright (content posted on the Website, graphic layout, graphics, photos, etc.). Customers and visitors to the Website undertake to comply with the intellectual property rights (including proprietary copyrights and industrial property rights, such as rights resulting from the registration of trademarks) vested in StartUp and third parties. The Customer or visitor to the Website is solely responsible for non-compliance with the provisions of this section.
10. The Customer may not post on the Website content of an unlawful nature, inconsistent with applicable law, immoral or violating the welfare of third parties, as well as may not publish links to pornographic, obscene materials or offending the dignity of others.
11. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Website, including in particular any interference with the operation of the Website or its technical elements.
12. StartUp undertakes to inform registered Customers of the Website about each amendment to the Regulations by sending an e-mail to the e-mail address provided during registration, and the Customer will be able to delete the Account at any time after receiving such information. The amendment to the Regulations does not affect the Agreements concluded before the date of entry into force of the amendments.
13. In matters not covered by the Regulations, the applicable provisions of Polish law shall apply, including in particular the provisions of:
1) Law of 23 April 1964 Civil code;
2) the Act of 30 May 2014 on consumer rights;
3) Act of 18 July 2002 on the provision of electronic services.
14. Disputes related to Agreements concluded on the basis of the Regulations will be settled by the court competent locally for StartUp. This provision does not apply to Contracts concluded with the Consumer.
15. The use of a specific method of out-of-court dispute resolution is possible only with the mutual consent of the Customer and StartUp. Detailed procedures for out-of-court dispute resolution are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on the websites of the Provincial Inspectorates of Trade Inspection, as well as at the district (municipal) consumer ombudsmen.
16. The Regulations are valid from: 01.04.2023.
Communication on out-of-court dispute resolution
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), the Foundation for Enterprise Development “Twój Startup” with its registered office in Warsaw hereby provides an electronic link to the online ODR platform (online dispute resolution): https://webgate.ec.europa.eu/odr. The ODR platform enables out-of-court settlement of disputes between entrepreneurs and consumers. Dispute resolution using this method is voluntary.
MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)
………………………………………………
(Name of the person submitting the letter)
………………………………………………
………………………………………………
(address of the person submitting the letter)
Foundation for Enterprise Development
“Your StartUp”
Atlas Tower, Al. Jerozolimskie 123a, 18th floor,
02-017 Warsaw
Address for service:
Tatsiana Prolat
Poplińskich 1A\6
61-573 Poznan
WITHDRAWAL FROM THE CONTRACT
I, the undersigned, hereby withdraw from the following agreement:
1. Date of conclusion of the contract
2. Contract / order number …………
3. Subject of the contract
……………………………
Customer signature
Date:………………………….
COMPLAINT TEMPLATE
(this form should be completed and returned only if you want to make a complaint)
………………………………………………
(Name of the person submitting the letter)
………………………………………………
………………………………………………
(address of the person submitting the letter)
Foundation for Enterprise Development
“Your StartUp”
Atlas Tower, Al. Jerozolimskie 123a, 18th floor,
02-017 Warsaw
Address for service:
Tatsiana Prolat
Poplińskich 1A\6
61-573 Poznan
COMPLAINT
I, the undersigned/hereby file a complaint regarding the contract / order dated ………………………… No ………………………. , the subject of which was
Reason for filing a complaint:
(describe the reason for the complaint)
In the light of the above, I propose that ………………
……………………………
Customer signature
Date:………………………….