TATTOOCRAFTERS.COM WEBSITE TERMS AND CONDITIONS

Thank you for visiting our website available at the Internet address https://tattoocrafters.com (hereinafter referred to as: "Tattoocrafters.com", "Internet Service", "Service").

Our goal is to provide a trading platform for all people using Tattoocrafters.com (hereinafter referred to as:Service recipients”) and those who publish offers for the sale of Products through it (hereinafter referred to as:Seller”) or intending to purchase them (hereinafter referred to as:Buyer").

The Owner of the Internet Service provides a place for Sellers and Buyers, but is not a party to the sales agreements concluded by them, which means that the rights and obligations resulting from the sales agreement (primarily the delivery of the product and payment) rest on the Seller and the Buyer. Purchases of products are made using the form available on Tattoocrafters.com.

The Website also contains offers posted by the Service Provider.

The form of these regulations assumes the establishment of general principles and conditions of using the Website, in particular the principles and conditions under which the use of electronic services available on the Website, placing orders, concluding and implementing sales agreements concluded via Tattoocrafters.com will be made.

We invite you to read the regulations and bid on the Products,

Tattoocrafters.com Team

1) ABOUT US

The owner Tattoocrafters.com there is a company under the name: BOMEGA LIMITED LIABILITY COMPANY with its registered office in Twardogóra (registered office address: ul. Długa 2B, 56-416 Twardogóra and correspondence address: ul. Marszałka Józefa Piłsudskiego 74/320, 50-529 Wrocław) entered into the Register of Entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, 9th Commercial Division of the National Court Register under the KRS number: 0000841054, NIP: 9112034523, REGON: 386056613, share capital of PLN 20,000.00ł, e-mail address: [email protected], telephone number: ___________ (hereinafter referred to as: "Service Provider").
The Service Provider runs the Internet Service and is responsible for the proper provision of Electronic Services. The Internet Service also includes Service Recipients – these are third parties in relation to the Service Provider who can use the Internet Service and make transactions with each other. The Service Provider does not interfere with the content and performance of the obligations that Service Recipients enter into with each other on the Internet Service. The Service Provider who is the Seller is obliged to verify the content of the Auction Form in order to ensure its consistency with the content of the sales agreement to be concluded via the Service.

2) DEFINITIONS

The terms used in these Regulations mean:

DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ EU L 277, 27.10.2022, pp. 1–102).
BLOG – Usługa Elektroniczna, internetowy blog dostępny w Serwisie Internetowym dla jego Usługobiorców umożliwiający im przeglądanie wpisów Usługodawcy, w szczególności dotyczących Jego działalności oraz oferowanych Produktów.
WORKING DAY – jeden dzień od poniedziałku do piątku z wyłączeniem dni ustawowo wolnych od pracy.
REGISTRATION FORM– an interactive form on the Website enabling the creation of a Service Recipient Account.
ORDER FORM – Electronic Service, an interactive form available on the Website enabling the Buyer to submit an offer to purchase a Product offered by the Seller, whereas in the case of the Customer.
FORUM – Usługa Elektroniczna, grup dyskusyjnych, która służy do wymiany informacji i poglądów między osobami o podobnych zainteresowaniach przy użyciu przeglądarki internetowej.
BUYER – Service Recipient, i.e. a third party in relation to the Service Provider who has concluded or intends to conclude a Sales Agreement with the Seller via the Website.
CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
ACCOUNT, SERVICE CLIENT ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system, marked with an individual electronic mail address (e-mail address) and password provided by the Service Recipient, in which data provided by the Service Recipient is collected.
PRODUCT – a movable item available on the Website that is the subject of the Sales Agreement between the Buyer and the Seller.
NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions on the Website
ILLEGAL CONTENT – information that, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, does not comply with European Union law or with the law of any Member State that complies with European Union law, regardless of the specific subject matter or nature of that law.
SELLER – Service Recipient, i.e. a third party in relation to the Service Provider, who is a party to the Sales Agreement with the Buyer as a seller. The Service Provider may also be a seller.
STATUTE – these regulations of the Website.
WEBSITE, SERVICE, TATTOOCRAFTERS.COM – website operated by the Service Provider and available at the Internet address https://tattoocrafters.com.
BULLETIN BOARD – Electronic Service used to add and display Advertisements by Service Recipients.
SALES AGREEMENT – a sales agreement concluded between the Buyer and the Seller via the Online Service. The Sales Agreement is concluded in accordance with the previously placed Order on the terms and conditions included in the Seller's offer and in accordance with these Regulations.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Website in accordance with the Regulations.
SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – using or intending to use the Electronic Services.
SERVICE PROVIDER - BOMEGA LIMITED LIABILITY COMPANY with its registered office in Twardogóra (registered office address: ul. Długa 2B, 56-416 Twardogóra and correspondence address: ul. Marszałka Józefa Piłsudskiego 74/320, 50-529 Wrocław) entered into the Register of Entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, 9th Commercial Division of the National Court Register under the KRS number: 0000841054, NIP: 9112034523, REGON: 386056613, share capital of PLN 20,000.00ł, e-mail address: [email protected], telephone number: ___________
CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
ORDER – a declaration of will of the Buyer submitted via the Auction Form about the willingness to conclude a Sales Agreement for the amount indicated in the Auction Form, aimed at concluding a Product Sales Agreement with the Seller.

3) ABOUT THE SERVICE

Tattoocrafters.com is a trading platform that allows Sellers to list offers for sale of Products and to conclude Sales Agreements between the Seller and the Buyer. The parties to the Sales Agreement are the Seller and the Buyer. The Service Provider also sells Products.
Sellers may conclude Sales Agreements either as entrepreneurs – in which case the Buyer may have the status of a consumer or a person to whom certain consumer rights apply, or as private individuals not conducting business activity in this respect – in which case the Buyer will not have the status of a consumer or a person to whom consumer rights apply. A Seller conducting sales as an entrepreneur is obliged to comply with applicable regulations aimed at protecting the rights of consumers and persons to whom certain consumer rights apply and their right to make complaints and withdraw from a contract concluded at a distance under the principles specified in the Civil Code and the Consumer Rights Act.
The Service Provider is responsible for the provision of the Electronic Services specified in the Regulations and is obliged to provide them correctly.

4) GENERAL TERMS OF USE OF THE WEBSITE

The Service Recipient is obliged to use the Internet Service in a manner consistent with the law and good customs, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider, other Service Recipients and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing content of an illegal nature.
Wymagania techniczne niezbędne do współpracy z systemem teleinformatycznym, którym posługuje się Usługodawca: (1) komputer, laptop lub inne urządzenie multimedialne z dostępem do Internetu; (2) przeglądarka internetowa w aktualnej wersji: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari lub Microsoft Edge; (3) zalecana rozdzielczość ekranu 1920×1080; (4) włączenie w przeglądarce internetowej możliwości zapisu plików Cookies oraz obsługi Javascript.
The Service Provider complies with Article 14 section 1 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144, item 1204, as amended), according to which: anyone who, when making the resources of the teleinformatic system available for the purpose of storing data by the service recipient, is not aware of the unlawful nature of the data or the activities related to them, and in the event of receiving an official notification or obtaining reliable information about the unlawful nature of the data or the activities related to them, immediately prevents access to such data, shall not be liable for the stored data.
The Service Provider informs that using the Internet Service via the Internet is associated with risk. The basic threat to every Internet user, including those using the Service and Electronic Services, is the possibility of infecting the Service Recipient's computer system or device with various types of software created primarily for the purpose of causing damage, such as viruses, "worms" or "Trojan horses". In order to avoid the risks associated with this, it is important for the Service Recipient to equip their device, which they use to use the Service, with an antivirus program and to constantly update it by installing its latest versions.
The administrator of personal data processed in the Website in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in privacy policy published on the Website. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator on the Website, including the basis, purposes and period of processing personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools on the Website. Using the Website is voluntary. Similarly, providing personal data by the user of the Website is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Service Provider.
The administrator of personal data processed in connection with the conclusion and implementation of the Sales Agreement is the Seller. Sellers who process the personal data of Buyers obtained through tattoocrafters.com are obliged to process them in accordance with generally applicable provisions, exercise due diligence in order to protect the personal data to which they gain access through the Website and are obliged not to use the obtained data for purposes other than using the Website and its Electronic Services, unless the basis for such action is based on other generally applicable provisions of law.

5) ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE

Each Service Recipient may use the Website under the terms and conditions specified in the Regulations.
The Service Recipient may use the following Electronic Services on the Website: Blog, Order Form, Forum, Account, Newsletter and Bulletin board. A detailed description of the Electronic Services and the principles of their operation is available in the Regulations and on the Website.
The use of the available Electronic Services is free of charge. In connection with the Sales Agreement concluded via the Order Form, the Service Provider does not charge a commission.
The Service Provider does not charge a fee for the placement of an Advertisement on the Notice Board by the Service Recipient.

6) TERMS OF USE OF THE BLOG ELECTRONIC SERVICE

Browsing the Blog is possible after going to the "Blog" tab visible on the Website. The Blog is available free of charge to all visitors to the Website without the need to provide any data or perform other activities. Within the blog, the Service Provider publishes articles related to the subject of the Website.
The Service Recipient may, at any time and without giving any reason, discontinue using the Blog by closing the web browser.
Within the Blog, the Service Recipient may add various types of content.
- Adding content by the Service Recipient is specified in point 17) of the Regulations.

7) TERMS OF USE OF THE ELECTRONIC SERVICE ORDER FORM AND THE PROCEDURE FOR CONCLUDING A CONTRACT VIA THE ORDER FORM

The conclusion of the Sales Agreement normally takes place as follows:
1. Selecting a Product from the list available on the Service website.
2. Clicking on the box "ADD TO CART" from the Product description card or the general list of available Products.
3. Clicking on the box "PROCEED TO PAYMENT."
4. After switching to the electronic basket, the Service Recipient is obliged to provide detailed data regarding the concluded Agreement, including:
  1. name;
  2. last name;
  3. address:
    1. country;
    2. street name, street number and apartment number;
    3. zip code;
    4. city;
  4. contact telephone number;
  5. e-mail address.
  6. In the case of Customers who are not consumers, it is also possible to provide the company name.
5. Clicking on the box "I BUY AND PAY."
6. Making a payment:
  1. The seller provides the following payment methods:
    - electronic and by card via Adyen, PayPal, PayU and Stripe – the current possible payment methods are specified on the Website in the information tab regarding payment methods and on the website: https://www.adyen.com/, https://www.paypal.com/pl, https://www.payu.pl/ and https://stripe.com/en-pl. Electronic and card payments are handled by:
      - a. Adyen.com – a company of Adyen NV, PO Box 10095, 1001 EB Amsterdam, The Netherlands, CC Amsterdam 34259528, VAT NL817154243B01.
      - b. PayPal – PayPal (Europe) Sà rl et Cie, SCA, 5th floor 22-24 Boulavard Royal, L-2449 Luxembourg, Grand Duchy of Luxembourg, Commercial Register Number: RCS Luxembourg B 118 349, VAT Number: LU22046007.
      - c. PayU.pl – PAYU SPÓŁKA AKCYJNA with its registered office in Poznań (registered office address: ul. Grunwaldzka 186, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register; share capital of PLN 7,789,000.00 paid in full; NIP: 7792308495, REGON: 300523444.
      - d. Stripe.com – spółka Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irlandia).
    - via the Bitcoin cryptocurrency – via the Bitbay Pay, Crypto, CoinPayments and GoCoin services – the current possible payment methods are specified on the Website in the information tab regarding payment methods and on the website: https://bitbaypay.com/pl/, https://www.coinpayments.net/, https://crypto.com/eea/pay and https://gocoin.cz/en. Payments using the Bitcoin cryptocurrency are handled by:
      
      a. Bitbay Pay operated by BITBAYPAY AS. with its registered office in Tallinn, Lootsa Street 8a, Lasnamäe, Tallinn, Harju, postal code 11415, Estonia, registered under number 14630414,
      b. Crypto.com – Foris DAX MT Limited, spółka zarejestrowana na Malcie pod numerem (C88392). Adres: Level 7, Spinola Park, Triq Mikiel Ang Borg, St Julians SPK 1000 Malta. Posiada licencję jako dostawca usług klas 3 wirtualnych aktywów finansowych przyznawaną przez Malta Financial Services Authority.
      c. Coinpayments.net – CoinPayments Inc., spółka z ograniczoną odpowiedzialnością z siedzibą na Wyspach Kajmańskich, UAB Star Ventures (“Star Ventures”), spółka założona i istniejąca na podstawie prawa litewskiego oraz Nebula Ventures Ltd. (“Nebula”), spółka założona i istniejąca na podstawie prawa seszelskiego, ich odpowiednie bezpośrednie i pośrednie spółki zależne i podmioty stowarzyszone oraz wszystkie podmioty pod wspólną kontrolą z CoinPayments Inc., Star Ventures lub Nebula. Adres: UAB Star Ventures, Nebula Ventures Ltd. or their partners. UAB Star Ventures, Kalvarijų g. 125, Vilnius, Lithuania. Nebula Ventures Ltd., Suite 202, 2nd Floor, Eden Plaza, Eden Island, PO Box 1352, Mahe, Seychelles.
      d. GoCoin.cz – GoCoin s.r.o., spółka zarejestrowna w Czechach pod numerem (IČ: 07116284). Adres: U Taussigova 1167/11, Kobylisy, 182 00 Praha 8.

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form on the Website in accordance with point 7) paragraph 1 of the Regulations.
After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending an appropriate e-mail message by the Seller to the Customer to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements about receiving the Order and its acceptance for execution and confirmation of concluding the Agreement. Upon receipt by the Customer of the above e-mail message, an Agreement is concluded between the Customer and the Seller.
The Seller does not specify the payment deadline, because access to the Product occurs automatically after the Customer pays for the Order.
The Customer receives access to the Product immediately after making the payment and its positive verification by one of the payment operators.

8) TERMS OF USE OF THE FORUM ELECTRONIC SERVICE

The use of the Forum is possible after going to the appropriate tab of the Website.
1. Only Service Users who have an Account may use the Forum.
Users can participate in the Forum by publishing statements (posts).
Within the Forum, the Service Recipient may:
1. create new threads in the Forum section of your choice;
2. post replies to existing threads.
Participation in the Forum is possible via a form that allows you to enter the content of your statement, as well as attach your own files or photos.
1. The Service User's statement becomes visible to all persons visiting the Forum at the moment of its addition.
Statements posted on the Forum:
1. should be related to the topic:
  1. Forum,;
  2. selected department;
  3. a given thread on the Forum.
2. should:
3. refer to the content being commented on;
4. comply with generally accepted rules of netiquette;
5. comply with the provisions of these Regulations.
The Service Provider may moderate statements published on the Forum using moderators appointed for this purpose, who will have the right to issue warnings, remove or edit statements that violate these Terms and Conditions.
1. The above powers are exercised by moderators reliably, solely on the basis and within the limits specified in these Regulations or in separate regulations applicable to the Forum.
The Forum may establish internal regulations and standards regarding the terms of participation in the Forum, provided that such terms and conditions do not contradict these Regulations.
1. In the event of a conflict, the provisions of the Terms and Conditions of Service shall prevail.
The Forum Electronic Service is provided free of charge for an indefinite period.
1. The User may terminate the use of the Forum at any time and without giving any reason, including by leaving the Website or closing the web browser.

9) TERMS OF USE OF THE ELECTRONIC ACCOUNT SERVICE

Creating an Account on the Website is necessary to be able to sell Products.
Using Your Account is possible after the Service Recipient has completed two consecutive steps – (1) filling out the interactive registration form and (2) clicking the action field – at this point an agreement for the use of the Account is concluded between the Service Provider and the Service Recipient. In the registration form, the Service Recipient must provide the following data: user name, e-mail address and password.
Using the Account and its individual functionalities may also require the Service Recipient to provide other data – each time, information on the scope of required data is provided on the Website, before using a specific functionality (e.g. when placing an Order).
The Service Recipient is obliged to update his/her data provided in the Account in the event of any changes.
The Service Recipient is obliged to keep the access data to the Account secret from third parties. The Service Recipient is not entitled to grant access to the Account to other persons, including through the sale, rental or lending of the Account.
The Service Recipient may only have one Account on the Website at the same time.
The Electronic Account Service is provided free of charge for an indefinite period.
1. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular:
  1. in writing to the following address: ul. Marszałka Józefa Piłsudskiego 74/320, 50-529 Wrocław;
  2. via e-mail to the following address: [email protected].

10) TERMS OF USE OF THE ELECTRONIC NEWSLETTER SERVICE

Newsletter – korzystanie z Newslettera możliwe jest poprzez podanie w formularzu na stronie domowej Serwisu Internetowego w polu „Newsletter” adresu poczty elektronicznej i kliknięciu pola „SUBSKRYBUJ” – z chwilą kliknięcia pola „Subskrybuj” Usługobiorca zostaje zapisany na Newsletter.
The Electronic Newsletter Service is provided free of charge for an indefinite period.
1. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular:
  1. in writing to the following address: ul. Marszałka Józefa Piłsudskiego 74/320, 50-529 Wrocław;
  2. via e-mail to the following address: [email protected].

11) TERMS OF USE OF THE ELECTRONIC SERVICE NOTICE BOARD

The Website enables the addition of an Advertisement, which will then become visible to the Service Users of the Website.
Each registered Service User can add Advertisements.
Posting an Advertisement on the Website is free of charge.
Posting an Advertisement is possible by using the interactive form available on the Website after logging in to the Account.
Ads are posted for an indefinite period.
The Service Recipient has the right to edit the content of the Advertisement throughout the period of its visibility on the Website, using the appropriate options available in the Account settings.
The Service Recipient who posts an Advertisement is obliged to post information that is consistent with the facts, clear, understandable, reliable and not misleading regarding the subject matter and conditions of the Advertisement.
1. Posting an Advertisement may not violate the provisions of generally applicable law or the rights of third parties.
2. The advertisement should reflect the actual intention of the Service Recipient.
3. The Advertisement, its subject matter and content should be consistent with the law and good practices, taking into account in particular the respect for personal rights and copyrights and intellectual property of the Service Provider, other Service Recipients and third parties.
The Service Recipient is obliged to post an Advertisement with content corresponding to the subject matter of the Website and in the appropriate category for the given type of Advertisement.
It is prohibited to post more than one Advertisement with the same content or relating to the same subject matter as another active Advertisement of the same Service Recipient at the same time.
1. The Service Recipient is also prohibited from posting duplicates of Advertisements posted by other persons.
The Service Recipient is obliged not to post within the Advertisement (including through photos and/or other visual materials) any illegal content or content of an advertising, announcement or commercial information nature encouraging the use of websites competing with the Website, including website addresses, names and logos of such websites.
At the request of a person interested in the subject of the Advertisement, the Service Recipient is obliged to provide them with explanations regarding the subject and terms of the Advertisement.
The Service Provider does not guarantee Service Recipients interest in their Advertisements. The Service Provider does not make any express or implied assurances that the Internet Service will be useful in finding people interested in the subject of the Service Recipient's Advertisement.
The Service Provider, acting in accordance with Art. 15 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended), is not obliged to verify the data of Service Recipients (including Advertisements) that are transmitted, stored or made available.
1. In the event of receiving credible information about the non-compliance of the Advertisement with the terms of these Regulations or the provisions of generally applicable law, the Service Provider reserves the right to take appropriate steps within the scope provided for in point 12) of the Regulations.
In the event of reasonable suspicion that the Advertisement violates the terms of these Regulations, it is recommended to immediately notify the Service Provider of this fact.
1. After reviewing the notification, the Service Provider may take appropriate steps against the advertiser within the scope provided for in point 12) of the Regulations.
2. Moreover, in the case of Advertisements of an illegal nature, the Service Provider will also be legally obliged to immediately prevent access to the Advertisement containing such content.
In the event of any claims being made against the Service Provider based on the illegality of the content, subject matter or description of the Advertisement or the activity of the Service Recipient adding it related to the Advertisement, by third parties and entities, including public administration bodies, in particular for infringement of copyright, industrial property rights or other provisions of generally applicable law, the Service Recipient - advertiser will be obliged to indemnify the Service Provider from liability for the infringements committed by the Service Recipient, to satisfy the claims of the above-mentioned third parties and entities and penalties or other costs imposed by the competent authorities on the Service Provider and to indemnify the Service Provider from the obligation to provide services in this respect and to repair, on general terms, the damage suffered by the Service Provider for the infringements committed by the Service Recipient.

12) LIMITATION, SUSPENSION AND TERMINATION OF THE SERVICE RECIPIENT'S ACCESS TO THE WEBSITE BY THE SERVICE PROVIDER

The Service Provider reserves the right to limit, suspend and ultimately terminate the provision of its Electronic Services to a given Service Recipient, including in relation to individual Products offered by that Service Recipient on the Website, only when and to the extent necessary, under the following conditions:
1. The basis for limiting, suspending and ultimately terminating the provision of Electronic Services to a given Service Recipient is:
  1. the Service Recipient providing incomplete (in the case of required data) or false contact details (e.g. name and surname, company name, address) within the Service,
  2. sending spam messages to other Service Recipients,
  3. placing Orders for purposes other than concluding and performing the Sales Agreement;
  4. a legal or regulatory obligation under which the Service Provider is obliged to terminate the provision of all of its Electronic Services to a given Service Recipient;
  5. the Service Provider's exercise of the right to terminate the provision of services for an overriding reason arising from national law in compliance with Union law;
  6. repeated violation of the Regulations by the Service Recipient;
2. Ograniczenie Usług Elektronicznych polega na czasowym ograniczeniu Usługobiorcy dostępu do niektórych funkcjonalności poszczególnych Usług Elektronicznych – Konta i Formularza Aukcyjnego, w szczególności Usługodawca może uniemożliwić danemu Usługobiorcy wystawianie nowych aukcji oraz korzystanie z Formularza Aukcji Produktów.
3. Zawieszenie Usług Elektronicznych polega na czasowym wyłączeniu Usługobiorcy dostępu do poszczególnych Usług Elektronicznych – Konta i Formularza Zamówienia. W czasie zawieszenia Konta nie jest możliwe wystawianie nowych aukcji, korzystanie z Formularza Aukcyjnego oraz zawieranie Umów Sprzedaży. Zawieszenie Konta może powodować ponadto wycofanie wszystkich wystawianych za jego pośrednictwem ofert sprzedaży Produktów, z zastrzeżeniem, że nie narusza to już zawartych Umów Sprzedaży, które Sprzedawca obowiązany jest realizować – chyba że Kupujący skorzysta z prawa odstąpienia od umowy.
4. During the limitation or suspension of Electronic Services, the Service Recipient is obliged to take actions aimed at removing the reasons for the limitation or suspension, and after their removal, the Service Recipient is obliged to immediately inform the Service Provider thereof.
5. The limitation or suspension of Electronic Services lasts until the reason for their application ceases to exist. In such a case, the Service Provider withdraws the imposed limitations or suspension without undue delay. The limitations or suspension may also be withdrawn in the event of confirmation by the Service Recipient of the removal of the reasons for their application, immediately after receiving such confirmation from the Service Recipient. In such a case, the Service Provider withdraws the imposed limitations or suspension in whole or in part without undue delay. In the event that some of the limitations or suspensions have not been withdrawn, and then the reasons for their application cease to exist, the Service Provider withdraws the remaining limitations or suspension in whole without undue delay.
6. The Service Provider shall decide on the choice of the method and scope of limiting, suspending or terminating the provision of Electronic Services to a given Service Recipient. The Service Provider shall make a decision in a reasonable, necessary and proportionate manner to the nature and scope of the grounds for making a specific decision and its consequences for the Service Recipient concerned. Before making a decision, the Service Provider shall, to the extent possible, call upon the Service Recipient to cease the infringements, and only if the call proves ineffective or impossible may the Service Provider make an appropriate decision. The Service Provider first undertakes to make a decision on the limitation, and only then on the suspension of the provision of Electronic Services, if the limitation itself proves insufficient. The termination of the provision of Electronic Services is treated as a final solution and its basis may only be the grounds indicated in the Regulations.
7. In the event of a decision to limit or suspend the provision of Electronic Services to a given Service Recipient, the Service Provider shall provide that Service Recipient – before the limitation or suspension becomes effective or at the time it becomes effective – with the justification of this decision on a durable medium;
8. If the Service Provider decides to terminate the provision of all of its Electronic Services to a given Service Recipient, it shall provide the Service Recipient, at least 30 days before the date on which the termination of the provision of services becomes effective, with a justification of this decision on a durable medium. The notification period referred to in the previous sentence shall not apply if the Service Provider:
  1. is subject to a legal or regulatory obligation which requires it to terminate the provision of all of its Electronic Services to a given Service Recipient in a manner that prevents it from complying with that notice period; or
  2. exercises the right to terminate the provision of services for an overriding reason under national law in compliance with Union law;
  3. may prove that a given Service Recipient has repeatedly violated the Regulations, which results in the termination of the provision of all given Electronic Services.

In cases where the notification period does not apply, the Service Provider shall provide the Service Recipient with the justification for this decision without undue delay on a durable medium.

1. The justification for the Service Provider's decision to limit, suspend or terminate the provision of Electronic Services must include a reference to the specific facts or circumstances - including the content of notifications received from third parties - that led to the Service Provider making the decision, as well as a reference to the applicable grounds for that decision, as referred to in this section of the Regulations. The Service Provider does not have to provide a justification if it is subject to a legal or regulatory obligation not to provide specific facts or circumstances or to refer to the applicable ground or grounds, or if the Service Provider can demonstrate that the Service Recipient has repeatedly breached the Regulations, which results in the termination of the provision of all the Electronic Services in question.
2. In the event of a restriction, suspension or termination of Electronic Services, the Service Provider shall provide the Service Recipient with the opportunity to clarify the facts and circumstances within the internal complaint procedure referred to in point 20) of the Regulations. In the event of the Service Provider withdrawing the restriction, suspension or termination of services, it shall restore the Service Recipient without undue delay, including providing them with access to personal data or other data that resulted from their use of the Electronic Services before the restriction, suspension or termination became effective.
The Service Provider reserves the right to request the Seller to change or remove content posted by the Seller on the Website, including within the offer of the displayed Product, if it violates these Regulations, together with the reason, and in the event of an ineffective request to remove such content, which does not violate the already placed Orders and concluded Sales Agreements regarding such content.
The limitation, suspension and termination of the Service Recipient's access to the Electronic Services does not violate any Sales Agreements already concluded, implemented or performed by the Buyer and the Seller.
Termination of the Service Recipient's access to the Electronic Services shall be without prejudice to the possibility of storing the Service Recipient's data for the period necessary to achieve other processing purposes consistent with the privacy policy of the Website.

13) CONDITIONS FOR LISTING PRODUCTS

One of the possibilities of the Account on the Website is to post an offer to sell Products, which will then be visible on the Website to all persons visiting the Website. Posting a Product offer is possible by sending appropriate information to the e-mail address of the Service Provider ([email protected]).
Information about the Product is entered by the Service Provider manually – i.e. he enters it independently after obtaining the acceptance of the Service Recipient.
Within 7 days of the Service Recipient’s acceptance, the Product is placed on the Website.
The sales offer should contain the information required by law, in particular it should specify:
1. main features of the Product;
2. method and deadline for payment;
3. method and date of delivery;
4. place and method of submitting complaints.
The sales offer submitted by the Seller who is an entrepreneur should also contain additional information required by generally applicable legal provisions, in particular the Consumer Rights Act.
The offer to sell a Product on the Website is binding on the Seller who made it, which takes into account the obligation to conclude a Sales Agreement.
The Service Provider does not guarantee the Seller's interest in the offers of its Products. The Service Provider does not make any express or implied assurances that the Internet Service will be useful in acquiring new customers by the Seller and conducting sales.
The Seller is obliged to have the authorisations required by law to conduct business activities and to introduce the displayed Product into circulation, including, if required, any permits, concessions or other individual administrative acts.
The Seller, for whom the use of the Online Service, including the conclusion of Sales Agreements, is related to his business activity, is obliged to comply with the rights of the consumer and persons to whom certain consumer rights apply, in particular those relating to the fulfilment of information obligations, the right to withdraw from the agreement without giving a reason and complaints.
At the request of a Buyer interested in the Product offer, the Seller is obliged to provide explanations regarding the subject matter and terms of the Product sale offer.

14) PRODUCT PLACEMENT, ADDITIONAL GOODS AND SERVICES, ACCESS TO DATA

The Service Provider indicates the main parameters determining the placement of Products on the Website:
1. placing the Product in the appropriate category;
2. use of a description that is adequate to the search query in the title and content of the Product offer;
The parameters determining the placement of Products on the Website are intended, on the one hand, to make it easier and faster for the Buyer to find the Product they are interested in, and on the other hand, to enable and increase the value of sales via the Website for Sellers.
The Service Provider, Seller or third parties within the Service do not offer Buyers additional goods and services, including financial products, when concluding a Sales Agreement via the Service. Additional goods and services in this case mean goods and services offered to the Buyer before completing the Order on the Service in addition and in addition to the basic Product offered by the Seller on the Service.
When using the Website, the Service Provider and Service Recipients may gain access to the following categories of personal data or other data that Service Recipients provide for the purposes of using the Website or that are generated as a result of using the Website:
1. Service Recipients who do not conclude Sales Agreements via the Website: data regarding the Product and its location (address where it can be collected in person).
2. Service Provider: has access to all data of all Service Recipients, Buyers and Sellers on the Website, to which Service Recipients, Buyers and Sellers on the Website have access in accordance with the principles indicated in this point of the Regulations. The Service Provider stores this data for the purposes and for the period determined in accordance with the privacy policy of the Website.
At the time of conclusion of the Sales Agreement, the Service Recipients and the Service Provider gain access to the following categories of data:
1. Buyer: data such as Service Recipients who do not conclude Sales Agreements via the Website, and additionally detailed data of the Seller with whom he concluded the Sales Agreement, made available to him by the Seller, in particular necessary to make a payment or use the Product; information regarding the concluded Sales Agreement, information on the placed Order;
2. Sellers: data such as Service Recipients who do not conclude Sales Agreements via the Website, and additionally: basic data of the Buyer with whom the Sales Agreement was concluded (name and surname / business name, address), information regarding the concluded Sales Agreement, information about the placed Order;
3. Service Provider: has access to all data of all Service Recipients, Buyers and Sellers on the Website, to which Service Recipients, Buyers and Sellers on the Website have access in accordance with the principles indicated in this point of the Regulations. The Service Provider stores this data for the purposes and for the period determined in accordance with the privacy policy of the Website.

15) PAYMENTS UNDER THE SALES AGREEMENT

The Seller is obliged to determine the methods and deadline for payment for the Product in accordance with applicable law.
At the time of purchase, the Buyer receives a receipt or invoice from the Service Provider, on the basis of which he or she makes payment by bank transfer.
The Service Provider, after the payment has been credited to his bank account, transfers the amount appropriate for the Product to the Service Recipient who is the Seller after the Seller has placed an order, after the Seller has collected - on the individual balance - an amount of at least 20 US dollars ($) [USD]. At the time the Seller submits an order to withdraw funds referred to in the previous sentence, the Service Provider will make the payment within 7 Business Days.
If one Buyer's Order placed using the Purchase Form includes Products listed by more than one Seller, payment for the Product must be made each time, separately, to each of the Sellers.

16) CONDITIONS OF CONCLUSION AND PERFORMANCE OF THE SALES AGREEMENT

The conclusion of the Sales Agreement between the Buyer and the Seller via the Website takes place as follows:

1) The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously used the Order Form in accordance with point 7) of the Regulations in the case of

2) After placing the order, the Seller immediately confirms to the Customer the conclusion of the Sales Agreement and at the same time accepts the Agreement for execution.

Confirmation of acceptance of the Agreement for execution shall be effected by the Seller sending to the Customer an appropriate e-mail message to the Customer's e-mail address provided when setting up the Account, which shall contain at least the Seller's declaration of receipt of the order and acceptance of the Agreement for execution, as well as confirmation of the conclusion of the Sales Agreement.

Confirmation of the conclusion of the Sales Agreement is made by placing information on the Website, in the appropriate tab of the Buyer's and Seller's Accounts, and additionally, confirmation is sent via e-mail to the address provided by the Buyer
and the Seller. The above method also records, secures and makes available the content of the concluded Sales Agreement.

Upon conclusion of the Sales Agreement, the Seller automatically receives the Buyer’s contact details.
After concluding the Sales Agreement, the further course of action of the Buyer and the Seller results from the applicable provisions of law - the Seller is obliged, first of all, to deliver the Product, and the Buyer is obliged to pay the agreed price.

17) OPINIONS

The Service Provider enables its Service Recipients to post and access opinions about the Products and the Website under the terms specified in this section of the Regulations.
The Service Recipient may submit an opinion after using the form enabling the addition of an opinion about the Product or the Website. This form may be made available directly on the Website (including via an external widget) or may be made available via an individual link received by the Service Recipient after purchase to the email address provided by them. When adding an opinion, the Service Recipient may also add a graphical rating or a photo of the Product – if such an option is available in the opinion form.
Adding opinions by Service Recipients may not be used for illegal activities, in particular for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Service Provider or third parties. When adding an opinion, the Service Recipient is obliged to act in accordance with the law, these Regulations and good manners.
Opinions may be made available directly on the Website (e.g. for a given Product) or on an external website collecting opinions with which the Service Provider cooperates and to which it refers on the Website (including via an external widget placed on the Website of the Online Store).
The Service Provider does not verify whether the published opinions about the Products come from its Service Users who purchased a given Product.
Any comments may be submitted in a manner analogous to the complaints procedure indicated in point 20) of the Regulations.
The Service Provider does not post or commission another person to post false opinions or recommendations of Service Recipients and does not distort opinions or recommendations of Service Recipients in order to promote its Products. The Service Provider provides both positive and negative opinions.

18) CONTACT US

The basic form of ongoing remote communication with the Service Provider is electronic mail (e-mail address: [email protected]), through which you can exchange information with the Service Provider regarding the use of the Internet Service. Service Recipients may also contact the Service Provider in other ways permitted by law, using the contact details indicated at the beginning of the Regulations.

19) COMPLAINTS AND WITHDRAWALS REGARDING THE SALES AGREEMENT

The basis and scope of the Seller's liability towards the Buyer under the Sales Agreement are specified by generally applicable legal regulations, in particular in the Civil Code. The Buyer should submit complaints related to the Sales Agreement directly to the given Seller, using the contact details provided in the received confirmation of the conclusion of the Sales Agreement and on the Seller's Account on the Online Service.
The rights and obligations of the Buyer who is a consumer towards the Seller regarding the exercise of the right to withdraw from the Sales Agreement are specified in generally applicable legal provisions, in particular in the Consumer Rights Act.
Szczegółowe postanowienia dotyczące reklamacji Produktu zakupionego przez Kupującego na podstawie Umowy Sprzedaży zawartej ze Sprzedawcą określają przepisy Ustawy o Prawach Konsumenta w brzmieniu obowiązującym od dnia 1. stycznia 2023 r., w szczególności art. 43a – 43g Ustawy o Prawach Konsumenta. Przepisy te określają w szczególności podstawę i zakres odpowiedzialności Sprzedawcy względem konsumenta, w razie braku zgodności Produktu z Umową Sprzedaży.
In the event of a complaint about a Product - digital content or service or a movable item that serves solely as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller on or before 1 January 2023, if the delivery of such Product was to take place or took place after that date, the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular art. 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
A seller selling as an entrepreneur is obliged to comply with applicable regulations aimed at protecting the rights of the consumer and his right to make a complaint and withdraw from a contract concluded at a distance under the principles specified in the Consumer Rights Act.

20) COMPLAINTS REGARDING THE WEBSITE AND ELECTRONIC SERVICES

The basis and scope of the Service Provider's liability towards the Service Recipient for the Electronic Services provided are specified in generally applicable legal provisions, in particular in the Civil Code.
Detailed provisions regarding the Electronic Service constituting a digital service within the meaning of the Consumer Rights Act are specified in the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular Articles 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Service Provider's liability towards the consumer in the event of non-compliance of the service with the offer.
Complaints related to the operation of the Website and Electronic Services may be submitted by the Service Recipient, for example, via e-mail (e-mail address: [email protected]).
The Service Provider recommends that the following be included in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient's claim; and (3) contact details of the person filing the complaint – this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements specified in the previous sentence are recommendations only and do not affect the effectiveness of complaints filed without the recommended complaint description.
The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
The provisions contained in point 20) paragraph 2 of the Regulations concerning the consumer also apply to a Client who is a natural person concluding an agreement directly related to his/her business activity, when it results from the content of this agreement that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.

21) OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

Methods of resolving disputes out of court include, among others, (1) enabling the parties to converge their positions, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for the consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures and a user-friendly search engine for entities involved in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
The President of the Office of Competition and Consumer Protection has a contact point whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to the following address: [email protected] or (3) in writing or in person – at the Office’s Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims: (1) an application for the resolution of a dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of a dispute to the provincial inspector of the Trade Inspection; or (3) assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include the protection of consumers (including the Federation of Consumers, the Association of Polish Consumers). Advice is provided, among others, by e-mail at [email protected] and by calling the consumer hotline number 801 440 220 (hotline open on weekdays, from 8:00 to 18:00, call charges according to the operator's tariff).
At the address http://ec.europa.eu/odr a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html.

22) WITHDRAWAL FROM THE CONTRACT BY CONSUMERS

A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point 22) paragraph 8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the contract concluded with the Service Provider may be submitted, for example, via e-mail to the following address: [email protected] or in writing to the address ul. Oliwska 34, 56-416 Twardogóra. The consumer's statement of withdrawal from the contract concluded with the Seller should be submitted directly to the given Seller, using the contact details provided in the received confirmation of the conclusion of the Sales Agreement and on the Seller's Account on the Online Service.
An example of a withdrawal form template is included in Annex 2 to the Consumer Rights Act and is additionally available in point 28) of the Regulations. The consumer may use the template form, but it is not obligatory.
The deadline for withdrawal from the contract begins:
1. for a contract under which the entrepreneur issues a Product and is obliged to transfer its ownership (e.g. Sales Agreement) – from the moment the consumer or a third party indicated by him other than the carrier takes possession of the Product, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
2. for other contracts – from the date of conclusion of the contract.
In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
The entrepreneur is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including delivery costs (with the exception of additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard available delivery method). The entrepreneur shall return the payments using the same payment method that the consumer used, unless the consumer has expressly agreed to another method of return that does not involve any costs for him. If the entrepreneur has not offered to collect the product from the consumer himself, he may withhold the return of payments received from the consumer until he receives the product back or until the consumer provides proof of sending it back, depending on which event occurs first.
The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the product to the entrepreneur or hand it over to a person authorized by the entrepreneur to collect it, unless the entrepreneur has offered to collect the product himself. To meet the deadline, it is sufficient to return the product before it expires. The consumer may return the Product to the Seller using the contact details provided in the received confirmation of the conclusion of the Sales Agreement and on the Seller's Account on the Online Service.
The Consumer is liable for any reduction in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
Possible costs related to the consumer's withdrawal from the contract that the consumer is obliged to bear:
1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
2. The consumer bears the direct costs of returning the Product.
3. In the case of a service, the performance of which – at the consumer's express request – began before the expiry of the withdrawal period, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided up to the time of withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
The right to withdraw from a distance contract does not apply to the consumer in relation to contracts: (1) 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 provision that after the entrepreneur has provided the service he will lose the right to withdraw from the contract, and has acknowledged this; (2) 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 period for withdrawal from the contract; (3) in which the subject of the provision is a non-prefabricated product, manufactured according to the consumer's specification or intended to meet his individual needs; (4) in which the subject of the provision is a product that spoils quickly or has a short shelf life; (5) in which the subject of the provision is a product delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery; (6) where the subject of the provision are goods which, due to their nature, are inseparably combined with other goods after delivery; (7) where the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract and which can only be delivered after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control; (8) where the consumer has expressly requested the entrepreneur to come to him for urgent repair or maintenance; if the entrepreneur additionally provides services other than those requested by the consumer, or supplies goods other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or goods; (9) where the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by way of public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, leisure services, entertainment, sporting or cultural events, if the contract specifies the day or period of provision of the service; (13) for the provision of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur commenced the provision with the express and prior consent of the consumer, who was informed before the provision began that after the entrepreneur had provided the service, the consumer would lose the right to withdraw from the contract, and the entrepreneur had acknowledged this, and the entrepreneur had provided the consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act (14) for the provision of services, for which the consumer is obliged to pay the price, in the case of which the consumer has expressly requested the entrepreneur to come to him for repairs, and the service has already been fully performed with the express and prior consent of the consumer.
The provisions contained in this point 22) of the Regulations concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to a natural person concluding a contract directly related to his or her business activity, when it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him or her, made available on the basis of the provisions on the Central Register and Information on Business Activity.

23) PROVISIONS RELATING TO ENTREPRENEURS

These Regulations and all provisions contained therein are addressed to and therefore bind only a Service Recipient who is not a consumer, or a natural person concluding an agreement directly related to his or her business activity, when the content of this agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him or her, made available under the provisions on the Central Register and Information on Business Activity.
The Service Provider is entitled to take action at any time to verify the truthfulness, reliability and precision of the information provided by the Service Recipient. In terms of verification, the Service Provider is entitled, among other things, to request that the Service Recipient send scans of certificates, attestations or other documents necessary to perform verification. During the verification referred to in the previous sentence, the Service Provider is entitled to suspend the Service Recipient's Account for the duration of the verification.
The Service Provider has the right to withdraw from the contract for the provision of Electronic Services concluded with the Service Recipient within 14 calendar days from the date of its conclusion.
The Service Provider shall not be liable to the Service Recipient for any damage or failure to fulfil obligations resulting from any errors, technical failures or technical interruptions.
The Service Provider shall not be liable to the Service Recipient for any damage or failure to fulfil obligations resulting from force majeure events (e.g. hacker attacks, natural disasters, epidemics, riots, wars) or any other causes beyond the Service Provider's control.
The Service Provider's liability towards the Service Recipient, regardless of its legal basis, is limited - both within a single claim, as well as for all claims in total - to the amount of fees paid to the Service Provider by such Service Recipient for the use of Electronic Services, and in the absence of such fees - to the amount of one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims directed by the Service Recipient towards the Service Provider. The Service Provider shall be liable towards the Service Recipient only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits.
Any disputes arising between the Service Provider and the Service Recipient shall be submitted to the court having jurisdiction over the seat of the Service Provider.
The Seller's liability under the warranty for the Product or for the lack of conformity of the Product with the Sales Agreement is excluded.

24) TECHNICAL BREAKS

The Service Provider makes every effort to ensure the proper and uninterrupted functioning of the Website. Due to the complexity and intricacy of the Website, as well as due to external factors beyond the control of the Service Provider (e.g. DDOS attacks – distributed denial of service) it is possible, however, that errors and technical failures may occur that prevent or limit the functioning of the Service in any way. In such a case, the Service Provider will take all possible and reasonable actions to ensure that the negative effects of such events are limited to the greatest possible extent.
The Service Provider is obliged to immediately inform the Service Recipients of any errors and technical failures referred to above and the expected date of their removal.
In addition to interruptions caused by errors and technical failures, other technical interruptions may also occur during which the Service Provider takes action to develop the Website and protect it against errors and technical failures.
The Service Provider plans technical breaks in such a way that they are as inconvenient as possible for the Service Recipients, in particular that they are planned for night hours and only for the time necessary for the Service Provider to perform the necessary actions. The Service Provider informs the Service Recipients about planned technical breaks in due time, also providing the length of the planned break.
The Service Provider shall not be liable to the Service Recipient for any damage or failure to fulfil obligations resulting from any errors and technical failures as well as technical interruptions referred to in this section of the Regulations.
This point of the Regulations does not exclude or limit the rights of the Service Recipient who is a consumer provided for by mandatory provisions of law, in particular in the scope of the Service Provider's liability.

25) COPYRIGHT

Copyright and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and marks available therein belong to the Service Provider or other authorized third parties whose permissions the Service Provider has and are protected by the Act of 4 February 1994 on copyright and related rights (Journal of Laws No. 24, item 83, as amended) and other provisions of generally applicable law. The protection granted to the Website covers all forms of their expression.
The Internet Service should be treated similarly to any other work subject to copyright protection. The Service Recipient has no right to copy the Internet Service except in cases permitted by the provisions of mandatory law. The Service Recipient also undertakes not to modify, adapt, translate, decode, decompile, disassemble or in any other way attempt to determine the source code of the Internet Service, except in cases permitted by the provisions of mandatory law.
The trademarks of the Service Provider and third parties should be used in accordance with applicable law.

26) ILLEGAL CONTENT AND OTHER CONTENT NOT IN COMPLIANCE WITH THE RULES

This section of the Regulations contains provisions resulting from the Digital Services Act in the scope concerning the Website and the Service Provider. In each case of providing content by the Service Recipient, including, among others, in the case of adding an Advertisement, he is obliged to comply with the principles contained in the Regulations.
CONTACT POINT – Usługodawca wyznacza adres poczty elektronicznej [email protected] jako pojedynczy punkt kontaktowy. Punkt kontaktowy umożliwia bezpośrednią komunikację Usługodawcy z organami państw członkowskich, Komisją Europejską i Radą Usług Cyfrowych oraz jednocześnie umożliwia odbiorcom usługi (w tym Usługobiorcom) bezpośrednią, szybką i przyjazną komunikację z Usługodawcą drogą elektroniczną, na potrzeby stosowania Aktu o Usługach Cyfrowych. Usługodawca wskazuje język polski do celów komunikacji z jego punktem kontaktowym.
Procedure for reporting Illegal Content and action under Article 16 of the Digital Services Act:
1. Any person or entity may report to the Service Provider the presence of certain information that such person or entity considers to be Illegal Content by sending an e-mail to [email protected].
2. The report must be sufficiently precise and sufficiently substantiated. For this purpose, the Service Provider shall enable and facilitate the submission of reports to the above email address containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information reported constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s) and, where applicable, additional information enabling the identification of the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for the report concerning information believed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
3. The notification referred to above shall be deemed to constitute actual knowledge or information for the purposes of Article 6 of the Digital Services Act in relation to the information to which it relates if it enables the Service Provider acting with due diligence to determine – without a detailed legal analysis – the illegal nature of the activity or information in question.
4. If the report contains electronic contact details of the person or entity that made the report, the Service Provider shall, without undue delay, send such person or entity a confirmation of receipt of the report. The Service Provider shall also, without undue delay, notify such person or entity of its decision with respect to the information to which the report relates, providing information on the possibility of appealing the decision.
5. The Service Provider shall review all reports it receives under the mechanism referred to above and shall make decisions with respect to the information to which the reports relate in a timely, non-arbitrary and objective manner and with due diligence. Where the Service Provider uses automated means for such review or decision-making, it shall include information on this in the notification referred to in the previous paragraph.
Information on the restrictions that the Service Provider imposes in connection with the use of the Website, in relation to information provided by Service Recipients:
1. The following rules apply to the Service Recipient in the event of providing any content via the Website:
  1. the obligation to use the Website, including posting content (e.g. as part of Advertisements), in accordance with its intended purpose, these Regulations and in a manner consistent with the law and good customs, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties;
  2. the obligation to enter content that is factually accurate and in a manner that is not misleading;
  3. a ban on providing content of an unlawful nature, including the ban on providing Illegal Content;
  4. prohibition of sending unsolicited commercial information (spam) via the Website;
  5. a ban on providing content that violates the generally accepted rules of netiquette, including content that is vulgar or offensive;
  6. the obligation to have - where necessary - all required rights and permits to provide such content on the Website, in particular copyrights or required licenses, permits and consents for their use, distribution, making available or publication, in particular the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
  7. the obligation to use the Website in a way that does not pose a threat to the security of the Service Provider's IT system, the Website or third parties.
2. The Service Provider reserves the right to moderate content provided by Service Recipients to the Website. Moderation is carried out in good faith and with due diligence and on the Service Provider's own initiative or upon receipt of a report in order to detect, identify and remove Illegal Content or other content that is inconsistent with the Regulations or to prevent access to it or to take the necessary measures to meet the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act or the requirements contained in the Regulations.
3. The moderation process may be carried out manually by a human or based on automated or partially automated tools that help the Service Provider identify Illegal Content or other content that is inconsistent with the Regulations. After identifying such content, the Service Provider shall decide whether to remove or disable access to the content or otherwise limit its visibility or take other actions it deems necessary (e.g. contact the Service User to clarify any objections and change the content). The Service Provider shall clearly and easily understandably inform the Service User who provided the content (if they have their contact details) about their decision, the reasons for it and the available options for appealing against this decision.
4. When exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism and other fundamental rights and freedoms.
Any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of action taken by the Service Provider based on the received notification or decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaints procedure indicated in point 20) of the Regulations. Using this procedure is free of charge and allows for submitting complaints electronically to the provided e-mail address. Using the procedure for reporting and considering complaints is without prejudice to the right of the person or entity to initiate proceedings before a court and does not violate their other rights.
The Service Provider shall consider all comments, complaints, claims, appeals or objections regarding decisions or other actions or lack of action taken by the Service Provider on the basis of a notification received or a decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other notification contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the notification is unjustified or that the information to which the complaint relates is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or amend its decision regarding the possible removal or disabling of access to the content or otherwise limiting its visibility or take other actions it deems necessary.
Service Recipients, persons or entities who have reported Illegal Content and to whom the Service Provider's decisions regarding Illegal Content or content that is inconsistent with the Regulations are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of a Member State to resolve disputes regarding these decisions, including complaints that have not been resolved within the Service Provider's internal complaint handling system.

27) FINAL PROVISIONS

- 1. 1. Agreements concluded via the Website are concluded in Polish.
    2. Changes to the Regulations:

1. 1. 1. 1. The Service Provider reserves the right to make changes to these Regulations for important reasons, i.e.: changes in legal regulations having a direct impact on the content of the Regulations; being subject to a legal or regulatory obligation, changing the scope or form of the Electronic Services provided; adding new Electronic Services; changing payment methods; and to counteract an unforeseen and direct threat related to the protection of Website, including Electronic Services and Service Recipients against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
      2. The notification period for proposed changes before their introduction is at least 15 days from the date of notification, subject to point 27) paragraph 2 letter d of the Regulations. The interested Service Recipient has the right to terminate the agreement with the Service Provider before the notification period expires. Such termination becomes effective within 15 days from the date of receipt of the notification.
2. The amended Regulations shall bind the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes, in accordance with the notification period before their introduction and has not terminated the contract during this period. Additionally, at any time after receiving notification of the changes, the interested Service Recipient may, by means of a written statement or clear confirmatory action, accept the changes introduced and thus waive the further duration of the notification period.
3. In the case of consumers, and from 1 January 2021 and for contracts concluded from that date also in the case of natural persons concluding a contract with the Service Provider directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by them, made available under the provisions on the Central Register and Information on Business Activity:
  1. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the existing ones, the Service Recipient who is a consumer or a natural person indicated above has the right to withdraw from the contract.
  2. Changes to the Regulations will not in any way violate the rights acquired by the Service Recipient or the natural person indicated above before the date of entry into force of changes to the Regulations, in particular changes to the Regulations will not affect Orders already placed or submitted and Sales Agreements concluded, implemented or performed.
4. The Service Provider may introduce changes to the Regulations without observing the 15-day notice period referred to in this point of the Regulations if the Service Provider:
  1. is subject to a legal or regulatory obligation that requires it to change the Regulations in a way that prevents it from complying with the 15-day notice period,
  2. must exceptionally change its Regulations to counteract an unforeseen and direct threat related to the protection of the Website, including the Electronic Services and Service Recipients against fraud, malware, spam, data breaches or other cybersecurity threats.
5. In the cases referred to point 27) paragraph 2 letter d of the Regulations the introduction of changes takes effect immediately, unless it is possible or necessary to apply a longer deadline for introducing the changes, of which the Service Provider shall notify each time.

- 1. 1. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act and other relevant provisions of generally applicable law.

28) SAMPLE WITHDRAWAL FORM (ANNEX 2 TO THE CONSUMER RIGHTS ACT)

Sample withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)

- Addressee:

SELLER/SERVICE PROVIDER DETAILS

- I/We(*) hereby inform about my/our withdrawal from the contract of sale of the following items(*) the contract for the delivery of the following items(*) the contract for a specific work consisting in the performance of the following items(*)/the provision of the following service(*)

- Date of conclusion of the contract(*)/receipt(*)

- Name and surname of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if the form is submitted in paper format)

- Date

(*) Delete where not applicable.

Thank you for reading carefully!

If you have any questions, we are always at your disposal – please contact us using the details provided at the beginning.

We invite you to cooperate,

Tattoocrafters.com Team

Statute

TATTOOCRAFTERS.COM WEBSITE TERMS AND CONDITIONS