Terms and conditions of use

ONLINE STORE REGULATIONS

The Regulations define the rules for the provision of sales services via the website of the online store operating under the domain:  www.prestapremium.com
. The SELLER and at the same time the ADMINISTRATOR of the online store is the company:

The company is registered in the Central Register and Information on Business Activity (CEIDG) under the  NIP number: 7611088720, REGON: 550048972 
The online store sells only to customers who are entrepreneurs. The BUYER has the right to negotiate all provisions of the agreement with the Seller before placing an order, including those changing the provisions of the following regulations - within the framework permitted by law. These negotiations require written form to be valid. In the event that the BUYER resigns from the possibility of concluding an agreement through individual negotiations, the following regulations shall apply. 

A. Definitions

1. ONLINE STORE -  means that the AGREEMENT for the sale or provision of services is concluded electronically.
2. CUSTOMER  a natural person, as well as a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity and which concludes or intends to conclude a contract in connection with the conducted business activity or uses other services offered through the website of the ONLINE STORE.
3. PRODUCT  - an item offered for sale or a service offered in the ONLINE STORE.
4. REGULATIONS  - these Regulations of the ONLINE STORE.
5. SALES AGREEMENT  - a PRODUCT sales agreement concluded remotely via the ONLINE STORE.
6. ORDER  - a statement submitted electronically or by telephone about the willingness to conclude a contract (order a product or service).
7. NEWSLETTER  - a service provided electronically by the SELLER, consisting in sending commercial and advertising information to interested parties to the e-mail address provided by the interested party.

B. General provisions.

1. Scope of activity - development and installation of websites - especially those based on the PrestaShop engine.  Sales are made exclusively to customers conducting business activities.
2. SELLER complies with the Code of Good Practices within the meaning of the Act of 23 August 2007 on Counteracting Unfair Market Practices (content available at www.uokik.gov.pl/download.php?id=546)
3. CUSTOMER - is obliged to enter data into the system that is consistent with the actual state of affairs, in accordance with the law and good customs. The data provided cannot violate personal rights or property rights of third parties.
4. The SELLER is a VAT payer and issues a sales document - a receipt or invoice - for each product sale transaction.
5. Commercial information - price lists, descriptions, advertisements and other information about the Products located on the SELLER's website constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.

C. Order.

1. The subject of sale are services consisting of remote installation and configuration of software and products in the form of digital files. Realization of services and sales - exclusively via the Internet.
2. THE ONLINE STORE processes orders with shipping to Poland and other EU countries.
3. Before placing an order, the CUSTOMER must read these REGULATIONS. The fact of reading and accepting all provisions of these regulations is openly confirmed during registration in the system and before final confirmation of the order. The order form will not be accepted without such confirmation.
4. You can place an order electronically 24 hours a day, 7 days a week.
5. Telephone orders can be placed at the telephone number provided in the CONTACT tab. In the case of a distance contract concluded by telephone, the SELLER confirms the content of the proposed contract by sending it to the CUSTOMER recorded on paper or another durable medium.
6. The order is fulfilled (the PRODUCTS are prepared and shipped) by the SELLER as follows:

• a) after receiving the payment to the account – if prepayment was chosen.
• b) for card payments - from the moment of obtaining positive authorization.

D. Prices.

1. The product prices given in the store offer are prices in Polish currency and are net prices (VAT 23% should be added).
2. Sending files via email is free of charge.
3. The price binding on the CUSTOMER is the price current at the time of placing the order.

D. Payment methods:

1. by bank transfer to the bank account provided in the SELLER’s details or sent in the order confirmation - on the basis of an invoice or PRO-FORMA invoice;
2. PayPAL online payment system - a system administered by Paypal Polska Spółka z o. o. ul. E.Plater 53, 00-113, Warsaw, The payment system implements payments by payment cards - Visa, Visa Electron, MasterCard, MasterCard Electronic and Maestro;
3. In case of choosing payment in the form of prepayment by bank transfer, the CUSTOMER is obliged to pay the price under the Sales Agreement within 7 days from the date of its conclusion, unless the Parties to the Sales Agreement agree otherwise.
4. The SELLER has the right to limit the available payment methods, including requiring prepayment in whole or in part.

E. Complaints and withdrawal from the contract (returns)

1. The products offered in the Store are digital products (software), delivered in a non-material manner, and their purchase means the commencement of the provision of the service within the meaning of art. 38 point 13 of the Consumer Rights Act. Therefore, the CUSTOMER has no right to withdraw from the contract.

2. The SELLER is liable for defects in the PRODUCT in accordance with applicable legal provisions, including warranty provisions, provided that the SELLER's liability expires after 24 months from the date of delivery of the PRODUCT.

3. The SELLER's liability to the CUSTOMER, regardless of the legal basis of the claim, is limited to an amount equal to the price paid for the PRODUCT. The SELLER is only liable for foreseeable damages at the time of conclusion of the contract and is not liable for the CUSTOMER's lost profits, including:

• loss of data caused by the use or installation of the PRODUCT,
• incompatibility of the PRODUCT with the CUSTOMER's technical infrastructure,
• disruptions in the functioning of other CUSTOMER IT systems,
• financial losses resulting from improper operation of the PRODUCT.

4. THE SELLER shall not be liable for errors, improper operation or damage to the PRODUCT if they result from:

• incorrect installation or configuration performed by the CUSTOMER,
• using the PRODUCT in a manner inconsistent with the instructions or its intended purpose,
• independent modifications or interference with the source code of the PRODUCT,
• operation of third party software or hardware that affects the functionality of the PRODUCT,
• lack of compatibility of the PRODUCT with the non-standard CUSTOMER environment.

5. If a defect in the PRODUCT is found, the CUSTOMER may request its removal or a reduction in price. Withdrawal from the contract is possible only if the defect significantly prevents the use of the PRODUCT and has not been removed by the SELLER in due time.

6. Any disputes arising between the SELLER and the CUSTOMER shall be submitted to the court having jurisdiction over the SELLER's registered office.

7. To the extent not regulated in these regulations, the relevant provisions of the Civil Code (Articles 556–581) shall apply to warranty for defects and quality guarantee.

6. Complaints will be considered immediately, no later than within 14 days. Failure to consider a complaint within this period means that the complaint has been accepted. In order to cooperate with the SERVICE PROVIDER's IT system, the CUSTOMER must have access to a computer or other device that enables communication with the SHOP's website via the Internet. In the case of a computer, the system should be equipped with an Internet browser (for example: Google Chrome version 110 or higher, Mozilla Firefox version 110 or higher, Microsoft Edge version 110 or higher or other with similar parameters). Recommended monitor resolution - not less than: 1440x1024px. Mobile devices must be equipped with software - provided by the device manufacturer - that allows for the performance of operations equivalent to the above-mentioned computer browsers. In addition, it is necessary to have an active e-mail account. In order to fully use all the functions of the ONLINE SHOP, it is necessary to enable JavaScript and cookies. The use of scripts and cookies is discussed in the PRIVACY POLICY located in the tab on the ONLINE STORE website.

F. Warranty and Support Terms

1. The SELLER grants a 12-month warranty for the PRODUCT from the date of purchase. The warranty covers the correct operation of the PRODUCT in accordance with its description and intended use.

2. The warranty does not cover defects resulting from:

• incorrect installation or configuration performed by the CUSTOMER,
• using the PRODUCT in a manner inconsistent with the instructions or its intended purpose,
• independent modifications or interference with the source code of the PRODUCT,
• operation of third party software or hardware that affects the functionality of the PRODUCT,
• lack of compatibility of the PRODUCT with the non-standard CUSTOMER environment.

3. SELLER provides technical support for a period of 6 months from the date of purchase of the PRODUCT, covering only consultations on the principles of operation of the module for Prestashop and the interpretation of the documentation included with the product. This support is informative and explanatory, aimed at helping to understand the functionality of the module.

• Explanation of the functionality of the module and its operating principles;
• Providing answers to questions related to the use of the module in accordance with the attached documentation;
• Providing instructions on how to use the module correctly.

Technical support does not cover:

• Assistance in installing or configuring the PRODUCT;
• Adapting the PRODUCT to the individual needs of the CUSTOMER;
• Modifying the source code or making changes that are inconsistent with the included documentation;
• Provision of other services beyond standard information consultations.

It is essential that the CUSTOMER adheres to the documentation included with the product, which is an integral part of this agreement. The SELLER is not liable for any damages or problems resulting from failure to follow the instructions contained in the documentation.

G. Electronic services and technical conditions of use of the website

1. SELLER - in order to enable the conclusion of a contract, provides the following services via the website of the online store:

• creating and administering the CUSTOMER account in the online store;
• processing of the product order form in the online store;
• with the CUSTOMER's consent - sending commercial information, promotional offers, etc. in the form of a "newsletter" service.

The provision of electronic services in the above-mentioned scope is free of charge. The agreement for the provision of electronic services consisting in maintaining and administering the CUSTOMER's Account on the WEBSITE is concluded for an indefinite period. The moment of conclusion is considered to be the completion of the CUSTOMER's registration process on the WEBSITE. The agreement for the provision of electronic services consisting in enabling the submission of an Order in the Online Store by filling in the order form is concluded for a fixed period - for the period of filling in and processing the order - and is terminated upon submission and acceptance of the Order. The "newsletter" service is concluded for an indefinite period. The agreement is concluded at the moment of expressing consent to sending messages to the CUSTOMER's address provided during registration. in the case of a service concluded for an indefinite period, both parties have the right to terminate the agreement:

• In such a situation, the SELLER may terminate the agreement for the provision of the Electronic Service with immediate effect.
• The SELLER and the CUSTOMER may terminate the contract for the provision of electronic services at any time by mutual agreement of the parties.

H. Processing and protection of personal data

1. The Administrator of the CUSTOMER’s Personal Data processed in connection with the use of the ONLINE STORE is the SELLER.
2. Providing personal data, as well as consent to their processing, is completely voluntary. All personal data provided to us is processed only to the extent and for the purpose for which the CUSTOMER has consented. If the CUSTOMER does not provide the data necessary to complete the order and does not consent to their processing, it may not be possible to complete the order.
3. The Administrator ensures the security of the transferred data and the implementation of the CUSTOMERS’ rights resulting from the GDPR regulation.
4. CUSTOMER has the right to access the content of their personal data and to rectify it, to demand its complete deletion or to limit the right to process their personal data, the right to object to the processing - for this purpose, you can use the function in the store program to update the user account data or please send a request (e.g. to the provided e-mail address) specifying the request to introduce changes or remove data from the register. The customer has the right to withdraw his consent at any time.
5. The CUSTOMER has the right to receive data concerning him/her in a structured, commonly used and machine-readable format. He/she also has the right to transmit this data to another controller, without hindrance from the CONTROLLER from whom the data will be extracted (Article 20, paragraph 1). In cases where it is technically possible, the CUSTOMER may request the CONTROLLER to transmit his/her data directly to another controller (Article 20, paragraph 2).
6. The ADMINISTRATOR may refuse to delete the CUSTOMER's data only in the cases specified in applicable regulations, in particular if the CUSTOMER has not settled all liabilities to the ADMINISTRATOR.
7. In order to process the contract, it is necessary to provide the following CONSUMER data:

• name and surname or company name,
• address,
• email address,
• contact telephone number,
• Tax Identification Number.

All personal data provided during the ordering process are used solely to form, conclude, change or terminate the Agreement between the SERVICE PROVIDER and the CUSTOMER and to execute the Sales Agreement or the Agreement for the provision of Electronic Services or to execute the order and are not made available to other institutions or third parties. Personal data are processed only for the period necessary to execute the agreement or to achieve the purpose for which consent was granted.

• - to maintain an account in the Online Store database - the basis for processing this data is the agreement (regulations) that has been accepted by the User. We will process this data until the User terminates the concluded agreement or until any claims become time-barred;
• - data in sales documents - for the period required by accounting regulations;
• - email address used to send the newsletter - for the duration of the user's consent. Consent may be withdrawn at any time;
• - address data used to send marketing information regarding the Administrator's own services - (the basis for processing is the legitimate legal interest of the Administrator - art. 6 sec. 1 let. f GDPR). We will process this data until the User objects to the processing of data for this purpose.

- after this period they are deleted The Client has the right to file a complaint about the ADMINISTRATOR's actions to the President of the Personal Data Protection Office. If the CLIENT agrees to the processing of his data for marketing purposes and sending commercial information and enters the list of subscribers, he will receive a "newsletter" to the e-mail address he provided. The CLIENT may unsubscribe from the newsletter service at any time.

I. Final provisions

1. The agreement is concluded in Polish and under the jurisdiction of Polish law.
2. The content of the Regulations is available at all times in the REGULATIONS tab on the SELLER's website and can be copied and printed at any time by the Buyer. The content of the REGULATIONS can also be sent at any time by e-mail or by post at the CUSTOMER's request. The REGULATIONS together with attachments are also delivered to CUSTOMERS as an attachment to an e-mail confirming the placement of the order and conclusion of the agreement.
3. In matters not regulated by these Regulations, the relevant provisions of law shall apply, in particular:
4. The Act of 23 April 1964 – the Civil Code (Journal of Laws 1964, No. 16, item 93, as amended);
5. Act of 10 May 2018 on the protection of personal data (Journal of Laws of 24 May 2018, item 1000)
6. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as the GDPR and related provisions.
7. Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2013, item 1422);
8. Act of 30 June 2000 – Industrial Property Law (Journal of Laws 2001 No. 49 item 508, as amended);
9. Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2006 No. 90 item 631, as amended),
10. All names of the PRODUCTS offered for sale by the ONLINE STORE are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law (Journal of Laws 2001 No. 49 item 5081, as amended).
11. All photos posted on the WEBSITE are protected under the Act of 4 February 1994 on Copyright and Related Rights - (Journal of Laws 1994 No. 24 item 83, as amended) - they have a creative and individual character. They may not be copied without the consent of the Website Administrator.
12. In the event of disputes related to the performance of the concluded agreement, the parties will seek to resolve the dispute through out-of-court amicable proceedings - including resolving the dispute before a mediator. In the event of failure to resolve the dispute through amicable means, the court competent to resolve the dispute will be the Common Court.
13. In fulfilling the obligation to indicate out-of-court methods of handling complaints and pursuing claims and the principles of access to these procedures, we hereby inform you that up-to-date information in this regard is available at:  http://prawaKONSUMENTA.uokik.gov.pl . Consumers and entrepreneurs may use the ODR online platform established by the European Commission to amicably resolve disputes. The platform is available at:  http://ec.europa.eu/consumers/odr/ . The Office of Competition and Consumer Protection maintains a register of entities authorized to out-of-court resolution of consumer disputes at  https://www.uokik.gov.pl/rejestr_podmiot_uprawnionych.php .