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Valid from 01.02.2023
§ 1
GENERAL PROVISIONS
- These Terms and Conditions shall govern all use of the 4mage.co online Shop by all Users.
- The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Digital Service Agreements, the course of the complaints procedure as well as the type and scope of electronic services rendered through the 4mage.co online Shop, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.
- By using the Electronic Services available through the Shop located at 4mage.co, the User agrees to be legally bound and to abide by these Terms and Conditions.
- To all matters not settled herein the following provisions of Polish law shall apply:
- Act on Rendering Electronic Services of 18 July, 2002,
- Consumer Rights Act of 30 May 2014,
- Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016,
- Provisions of the Civil Code Act of 23 April, 1964
- and all other applicable provisions of Polish law.
§ 2
DEFINITIONS FOR THESE TERMS AND CONDITIONS
- TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
- SHOP − shall mean the Service Provider’s online Shop located at 4mage.co
- ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider via the Shop
- REGISTRATION FORM − shall refer to the electronic form available at 4mage.co required for Account registration.
- ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an organised collection of digital content, including details for individual orders, stored on the Service Provider’s ICT-System.
- CONTACT FORM - shall refer to the electronic form available at 4mage.co enabling sending a message to the Service Provider.
- ORDER FORM – shall refer to the electronic form available at 4mage.co, required for Order placement.
- NEWSLETTER - shall refer an electronic service that allows the User to subscribe to and receive free information from the Seller to the e-mail address provided by the User.
- SELLER, SERVICE PROVIDER – Adam Szewczykowski trading as INTERAKTYWNY WYMIAR ADAM SZEWCZYKOWSKI entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, principal place of business and address for service: ul. Wiejska 54, 42-512 Psary, Poland, tax identification number NIP: PL6252408399, statistical number REGON: 243570539, email address: , telephone number: +48 530 795 133.
- USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.
- CUSTOMER – shall refer to a User concluding a Digital Service Agreement with the Seller.
- CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
- ENTREPRENEUR - a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.
- 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.
- SETTLEMENT PERIOD - the time for which the Digital Service was purchased by the Customer, counted in months. The day following the end of the previous Settlement Period is considered to be the start date of the new Settlement Period.
- DIGITAL SERVICE AGREEMENT - an agreement for the provision of a Digital Service or Services concluded between the Customer and the Service Provider via the Shop
- ORDER – shall refer to the Customer’s declaration of intent to enter into a Digital Service Agreement with the Seller.
- PANEL - a tool enabling the view of data regarding the Customer's store created in the Magento software and purchased Modules, to which logging in takes place via the Customer Account.
- MODULES - extensions of the Shop offered by the Service Provider and constituting Digital Services that can be ordered via the Shop's Website
- PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Digital Service.
- DIGITAL ENVIRONMENT - computer hardware, software and network connections used by the Customer to access or use the Digital Service.
- COMPATIBILITY - cooperation of the Digital Service with computer hardware or software that is usually used to use the same type of Digital Service, without the need to transform it.
- FUNCTIONALITY - the ability of the Digital Service to perform its functions, taking into account its purpose.
- INTEGRATION - connection of the Digital Service with elements of the Customer's Digital Environment and its inclusion in these elements in order to ensure compliance with the Digital Service Agreement.
§ 3
INFORMATION ON DIGITAL SERVICES AND THEIR ORDERING
- General Information.
- The Service Provider sells the Modules via the Internet, only to Entrepreneurs and entities referred to in § 9 of the Terms and Conditions,
- Digital Services provided by the Service Provider are Functional and Compatible with Magento 2 and with equipment that meets the technical requirements indicated in the description of a given Module,
- in the case where the Customer used the trial version - the Digital Service is also compatible with the trial version made available to the Customer before concluding the Digital Service Agreement,
- the information on the Shop's does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase the Module under the conditions indicated in its description,
- The Price of the Digital Service shown on the Shop's is given in euro (EUR) or dollars (USD) and is a net Price,
- Customers can place Orders for the Module 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 advance,
- the condition for placing an Order by the Customer is also to read these Terms and Conditions and accept its provisions at the time of placing the Order,
- The Service Provider clearly informs Customers about Unit Prices as well as promotions and reductions in Digital Services Prices. In addition to the information on the reduction, the Service Provider shows the lowest Price of the Digital Service, which was in force in the period of 30 days before the introduction of the reduction, and if the Digital Service is offered for sale in a period shorter than 30 days - the Service Provider shows the lowest Price of the Digital Service, which was in force in the period from start offering this Digital Service for sale until the date of introduction of the discount,
- if a given Digital Service is subject to updates, the Service Provider informs the Customer about the updates and the consequences of not installing it:
- in the case of providing the Digital Service on a continuous basis - throughout the duration of the Digital Service Agreement,
- in the case of providing the 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 Service as well as the circumstances and nature of the Digital Service Agreement,
- The Customer is obliged to install updates provided by the Service Provider within a reasonable time. Failure by the Customer 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 shall exclude the Service Provider's liability for the lack of compliance of the Digital Service with the Agreement.
§ 4
CONCLUSION DIGITAL SERVICE AGREEMENT
- In order to conclude the Digital Service Agreement, it is necessary for the Customer to place an Order in advance using the method made available by the Service Provider, in accordance with § 3 points 1.6, 1.7 and 1.8 of the Terms and Conditions.
- After placing the Order, the Service Provider immediately confirms its receipt. Confirmation of receipt of the Order is made by sending an e-mail.
- 3. Confirmation of receipt of the Order includes:
- confirmation of all essential elements of the Order,
- confirmation of all essential elements of the Order,
- Upon receipt by the Customer of the e-mail referred to in point 3, the Digital Service Agreement is concluded between the Customer and the Service Provider.
- Each Digital Service Agreement will be confirmed by a proof of purchase, which will be sent by e-mail to the e-mail address of the Customer provided in the Order Form.
- Upon payment for the Digital Service by the Customer, the Service Provider grants the Customer a paid, non-exclusive license to use the Digital Service only for purposes related to the Customer's activity and in accordance with the intended use of the Digital Service. Detailed license conditions can be found at:
§ 5
METHODS OF PAYMENT
- The following payment options are made available to the Customer:
- traditional bank transfer to the Seller’s bank account,
- electronic payment via electronic payment systems.
- In the case of payment by the method referred to in point 1.1, the payment should be made (EUR) to the bank account number: PL17109025900000000150771253, SWIFT: WBKPPLPP, INTERAKTYWNY WYMIAR ADAM SZEWCZYKOWSKI, ul. Wiejska 54, 42-512 Psary, NIP: 6252408399. The customer should enter the following in the payment title: “Order no. ……”.
- All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish or foreign banks.
- The Customer shall pay the amount equal to the purchase Price specified in the Digital Service Agreement within 7 working days from the date of its conclusion unless indicated otherwise in the Digital Service Agreement.
§ 6
DELIVERY OF DIGITAL SERVICE
- Delivery, i.e. granting access to the Digital Service, takes place automatically after the payment is credited to the Service Provider's bank account or after positive authorization of the transaction by the electronic payment system. The day of crediting the Service Provider's bank account is considered the day of payment.
- The Customer uses the Digital Service via the Account.
- The Customer has the option of accessing the Digital Service for the duration of the Settlement Period selected and paid for by him.
- The Service Provider provides the Customer with the Digital Service in the latest version available at the time of concluding the Digital Service Agreement.
§ 7
COMPLAINTS PROCEDURE
- Complaint for non-compliance of the Digital Service with the Agreement.
- The basis and scope of the Seller's liability towards the Customer who is an entity referred to in § 9 of the Terms and Conditions for the non-compliance of the Digital Service with the contract are specified in the Act on Consumer Rights of May 30, 2014,
- in the case of Agreements concluded by the Seller with Entrepreneurs, pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for defects is excluded,
- The Service Provider is liable to the Customer who is the entity referred to in § 9 of the Terms and Conditions for the lack of compliance of the Digital Service with the Agreement:
- if the Digital Service is provided to the Customer continuously - throughout the duration of the Agreement,
- in the event that the 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 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 Service with the Agreement results from the characteristics of the Customer's Digital Environment,
- notification of non-compliance of the Digital Service with the Agreement and the submission of a relevant request can be made via e-mail to the following address:
- 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 an entity referred to in § 9 of the Terms and Conditions - failure to consider the complaint within 14 days of its submission is tantamount to its consideration,
- The Customer who is the entity referred to in § 9 of the Terms and Conditions may first demand that the 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 Service with the contract is significant, when the Service Provider refused to bring the Digital Service into compliance with the contract or in the event that the lack of compliance of the Digital Service persists despite the fact that the Service Provider has tried to bring the Digital Service into compliance with the contract),
- in connection with a justified complaint of an entity referred to in § 9 of the Terms and Conditions, the Seller, respectively:
- brings the Digital Service into compliance with the Agreement at its own expense,
- reduces the Price of the Digital Service (the reduced Price must remain in the proportion of the Price of the Digital Service in accordance with the contract to the Digital Service that is not in accordance with the contract, and additionally, if the Digital Service is delivered in parts or continuously - take into account the time when the Digital Service was inconsistent with the Agreement) and returns the value of the reduced price to the entity referred to in § 9 at the latest within 14 days of receiving the authorized statement on the price reduction from the entity referred to in § 9,
- in the case of an authorized withdrawal from the contract by the entity referred to in § 9 - the Service Provider returns the Digital Service Price to him within 14 days at the latest. In the event of withdrawal from the contract, the entity referred to in § 9 is obliged to immediately stop using the Digital Service,
- The response to the complaint is provided on paper or other durable medium, e.g. e-mail or SMS.
- The Service Provider is not entitled to demand payment for the time in which the 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 return the Price only in the part corresponding to the Digital Service that is inconsistent with the contract and the Digital Service, the obligation to deliver which dropped as a result of withdrawal from the contract.
§ 8
RIGHT TO WITHDRAW
- With the reservation of point 4 of this paragraph the entity referred to in § 9 of these Terms and Conditions, have the right to withdraw from a distance agreement within 14 days.
- In the case of withdrawal from a Agreement, the agreement is considered null and void.
- The “cooling-off” period expires 14 days after the day the entity referred to in § 9 of these Terms and Conditions, may withdraw from the contract from the date of conclusion of the Digital Service Agreement.
- The right to withdraw from a distance contract is not entitled to the entity referred to in § 9 of the Terms and Conditions 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 has started the service with the express and prior consent of the Consumer, who was informed before the performance that he will lose the right to withdraw from the contract before the service is provided by the entrepreneur and took note of it,
- the service, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract.
- If the entity referred to in § 9 of the Terms and Conditions exercises the right to withdraw from the contract after submitting a request for the performance of the service, it 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 while using the Digital Service, except for content that:
- are useful only in connection with the Digital Service that was the subject of the contract,
- relate only to the Customer's activity while using the 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 generated by the Customer while using the Digital Services provided by the Service Provider free of charge, within a reasonable time and in a widely machine-readable format used.
- In the event of withdrawal from the contract, the Service Provider may prevent the Customer from continuing to use the Digital Services, in particular by preventing the Customer from accessing the Digital Services or blocking the Account.
§ 9
PROVISIONS CONCERNING 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 Act on Consumer Rights, provided that the contract he concludes with the Seller is directly related to his business activity, but the content of this contract shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity.
- A person conducting business activity, referred to in item 1 of this paragraph, is protected only in the scope of:
- prohibited contractual provisions - the so-called abusive clauses,
- liability for non-compliance of the Digital Service with the contract,
- the right to withdraw from a distance contract,
- rules for Digital Service Agreement.
- The entrepreneur referred to in item 1 of this paragraph loses his consumer protection rights in the event that the Digital Service Agreement he has concluded with the Seller 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 particular the codes of the Polish Classification of Activities indicated therein.
- Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional protection provided to Consumers by President of UOKiK.
§ 10
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider grants access to the following Electronic Services:
- concluding Digital Delivery Agreements via the Order Form
- Account,
- Newsletter,
- Contact Form.
- These Terms and Conditions shall apply to all Electronic Services provided through 4mage.co
- The Service Provider reserves the right to display advertising content at 4mage.co Advertisements are an integral part of the online Shop front and the materials presented therein.
§ 11
CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
- The Electronic Services set forth under § 10 point 1 of these Terms and Conditions are free of charge.
- Term of the agreement:
- the contract for the provision of Electronic Services Agreements consisting in the use of the Order Form (enabling the submission of Orders) in the Shop is concluded for a definite period of time and terminates when the Order is placed or ceases to be placed by the User,
- Electronic Services Agreements for Account management are concluded for an indefinite period of time.
- Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.
- 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 User.
- End-user hardware, network and software requirements for the ICT system used by the Service Provider:
- a computer (or a mobile device) with an active Internet connection,
- access to email account,
- Internet browser,
- enabling cookies and Javascript in the Internet browser.
- The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
- The User is obliged to provide accurate and complete information to the Service Provider.
- The User is prohibited from providing any unlawful or illegal content.
§ 12
COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
- Complaints about Electronic Services provided via 4mage.co should be submitted via email to
- All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
- All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
- A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
§ 13
CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
- Terminating an Electronic Services Agreement:
- Continuing and indefinite-term Electronic Services Agreements (e.g. Account, Newsletter) may be terminated.
- The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address:
- The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider with a reasonable deadline for compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
- The notice of termination leads to a cessation of legal relations with the effect for the future.
- Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.
§ 14
INTELLECTUAL PROPERTY
- The compilation of all content at 4mage.co (with the stipulation of § 14 point 3 of this Terms and Conditions as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of Adam Szewczykowski trading as INTERAKTYWNY WYMIAR ADAM SZEWCZYKOWSKI, ul. Wiejska 54, 42-512 Psary, Poland, tax identification number NIP: PL6252408399, statistical number REGON: 243570539 and is protected under copyright law. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at 4mage.co without the consent of the Service Provider.
- Any use or reproduction of the content of the website located at 4mage.co or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
- All trade names, Product names, company names and their logos used on the Shop's website at 4mage.co belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Shop's website at 4mage.co are used for informational purposes.
§ 15
RESPONSIBILITY
- The Service Provider takes all measures available to it to protect the data of the Users.
- The Service Provider undertakes not to transfer the Customers' data to third parties without the existence of an appropriate legal basis for it.
- The Users bear full responsibility for breaking the law or damage caused by their actions in the Shop, in particular providing false data, disclosing classified information or other secrets protected by law, infringement of personal rights or copyrights and related rights, as well as processing the personal data of the Users contrary to the purposes of the Shop or in violation of the provisions on the protection of personal data.
- The Service Provider is not responsible towards the Users 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 Shop's software, damages caused as a result of switching off or failure of the ICT system, failure of the power grid,
- in connection with the improper use of the Shop by the User who is an Entrepreneur and the improper functioning of computer hardware, computer software or the communication system by means of which the User connects to the Shop's system,
- for any damages resulting from errors, failures and interruptions in the Shop or caused by incorrect recording or reading of data downloaded by the Users,
- for disruptions in the proper functioning of the Shop as well as loss of data of Users who are not Consumers as a result of force majeure or third parties,
- for the actions of third parties consisting in the use of data and materials placed in the Shop inconsistent with generally applicable law or the Terms and Conditions.
§ 16
FINAL PROVISIONS
- Agreements concluded through the Shop are concluded in accordance with Polish law.
- In the event of non-compliance of any part of the Terms and Conditions with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions, and the remaining provisions shall remain in force.
- If the Digital Services are provided 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 Service, the Service Provider informs the Customer about it in advance and by sending a permanent information carrier 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.
- The Service Provider is released from the obligation referred to in point 4 of this paragraph, if it has provided the Customer with the right to keep the Digital Service unchanged without additional costs in accordance with the contract.
- Changes made to the Terms and Conditions of the Shop by the Service Provider are binding on the Customer, provided that he has been properly informed about the changes.
- 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 User (Customer), who is also the 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 User (Customer) who is also an Entrepreneur shall be submitted to the court competent for the seat of the Service Provider.