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Terms of sale of digital products

Terms of sale of digital products

The owner of Epositivenaopinia.pl is ACTIVEMED SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wrocław (registered office and delivery address: ul. Brzeska 5-15/U1, 50-430 Wrocław); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000448532; registry court where the company's documentation is kept: District Court for Wrocław-Fabryczna in Wrocław, 50th Commercial Division of the National Court Register; share capital in the amount of: PLN 000; NIP: 8952018626; REGON: 022066967, e-mail address: kontakt@epozytywnaopinia.pl and contact telephone number: 509845541 / 71 7336085 (hereinafter referred to as: "Service Provider").

 

Below you will find the regulations, which contain information, among others. about the method of placing an order and concluding a contract, payment methods available in the store, or complaint procedure.

 

§ 1

definitions

 

For the purposes of these Regulations, the following terms are used:

  • Online platform - https://epozytywnaopinia.pl/ on-line platform available at , whose creator is the Seller,
  • Buyer – a natural person, a legal person or a defective legal person,
  • Consumer – a natural person concluding a contract with the Seller not directly related to its business or professional activity,
  • Payment Operator – Przelewy24.pl
  • Terms of Use – these regulations, available at https://epozytnaopinia.pl/regulamin-sprzedazy-produktow-cyfrowych
  • Seller - AACTIVEMED SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wrocław (registered address and service address: ul. Brzeska 5-15/U1, 50-430 Wrocław); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000448532; the registry court where the company's documentation is stored: District Court for Wrocław-Fabryczna in Wrocław, 50th Commercial Division of the National Court Register; share capital in the amount of PLN 000; NIP: 8952018626; REGON: 022066967

 

§ 2

Preliminary provisions

 

  1. Through the Store, the Seller sells electronic products, while providing electronic services to the Buyer in accordance with § 3 of the Regulations.
  2. The Regulations define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and the Buyer.
  3. To make a purchase via the Store, it is not necessary to meet specific technical conditions by the computer or other device of the Buyer. Sufficient are:
    • Internet access,
    • standard operating system,
    • standard web browser,
    • having an active e-mail address.
  4. Conditions To use the on-line platform, the following technical conditions must be met by the Buyer's computer or other device:

    1) Internet access,

    2) standard operating system,

    3) standard web browser,

    4) standard office suite (e.g. Microsoft Office, OpenOffice, LibreOffice),

    5) standard .pdf file viewer (e.g. AdobeReader),

    6) having an active e-mail address.

  5. The buyer cannot make a purchase anonymously or under a pseudonym.
  6. It is forbidden for the Buyer to provide illegal content, in particular by sending such content as part of the forms available in the Store.
  7. In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Website, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
  8. The Seller takes steps to ensure the proper functioning of the Website. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Website.
  9. Any complaints related to the functioning of the Website may be submitted by the Buyer via e-mail to the e-mail address kontakt@epozytywnaopinia.pl . In the complaint, the Buyer should provide the name and surname, correspondence address, as well as the type and date of occurrence of the irregularity related to the functioning of the Website. The Seller will consider all complaints within 14 days of receiving the complaint and will inform the Customer about its resolution to the e-mail address of the person submitting the complaint.
  10. All prices given in the Store are gross prices.

 

§ 3

Services provided electronically

 

  1. Through the Store, the Seller provides the Buyer with an electronic service consisting in enabling the Buyer to conclude an agreement with the Seller for the supply of digital content in the form of electronic products available in the Store. Conclusion of the contract is possible without having an account in the Store. The procedure for concluding the contract is described in detail in § 4 of the Regulations.
  2. In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
  3. The Seller takes steps to ensure that the Store functions properly. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
  4. Any complaints related to the operation of the Store may be submitted by the Buyer via e-mail to the e-mail address kontakt@epozytywnaopinia.pl . In the complaint, the Buyer should provide the name and surname, correspondence address, as well as the type and date of occurrence of the irregularity related to the operation of the Store. The Seller will consider all complaints within 14 days of receiving the complaint and will inform the Customer about its resolution to the e-mail address of the person submitting the complaint.

 

§ 4

Intellectual Property Rights

 

  1. The Seller hereby instructs the Buyer that the electronic products available in the Store are works within the meaning of the Act of February 4, 1994 on copyright and related rights, to which the Seller is entitled to copyright.
  2. The Seller hereby instructs the Buyer that further dissemination of electronic products by the Buyer without the consent of the Seller constitutes a violation of the Seller's copyrights to electronic products and may result in civil or criminal liability.

 

§ 5

Concluding a contract

 

  1. In order to purchase an electronic product, the Buyer must take the following steps:
    • add a product or products to the basket by clicking the "Add to basket" button,
    • from the cart view, click on the "Proceed to checkout" button,
    • complete the order form, providing the data necessary to complete the order and selecting the payment method;
    • accept the Regulations - acceptance of the Regulations is voluntary, but necessary to make a purchase,
    • click on the "Buy and pay" button.
  2. After clicking the "Buy and pay" button, the Buyer will be transferred to the Payment Operator's website in order to pay the price for selected electronic products.
  3. After successful payment, the Buyer will be redirected to the Purchase Confirmation Page. At this moment, the contract for the supply of digital content in the form of selected electronic products is considered to be concluded between the Buyer and the Seller. The Buyer will also receive a purchase confirmation to the e-mail address provided in the order form.

 

§ 6

Electronic product delivery

The delivery of the purchased electronic product takes place to the e-mail address indicated by the Buyer after confirming the payment.

 

§ 7

Payment service

 

The entity providing online payment services is Przelewy24.pl

 

§ 8

Methods of payment

 

Available payment methods: Pezelewy online, BLIK.

 

§ 9

Consumer's withdrawal from the contract

 

  1. A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of conclusion of the contract.
  2. The right to withdraw from a distance contract is not available to the consumer in relation to contracts for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the entrepreneur about loss of the right to withdraw from the contract.
  3. In order to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement - for example, a letter sent by post, fax or e-mail.
  4. In order to meet the withdrawal deadline, it is enough for the Consumer to send information regarding the exercise of the Consumer's right to withdraw from the contract before the withdrawal deadline expires.
  5. Starting from 01.01.2021/01.01.2021/XNUMX, the right to withdraw from the contract on the terms described in this paragraph and resulting from the Act on Consumer Rights is also vested in a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it has a professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Therefore, when this paragraph refers to the Consumer's rights, starting from June XNUMX, XNUMX, these rights also apply to a person meeting the above criteria.

 

§ 10

Returns

 

  1. In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer immediately, no later than 14 days from the date on which the Seller was informed about the exercise of the right to withdraw from the contract.
  2. The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.

 

§ 11

Delivery time

 

  1. The order processing time is counted from the moment of obtaining positive payment authorization.

 

§ 12

Liability for defects

 

  1. The Seller is obliged to provide the Buyer with an electronic product free from defects.
  2. The Seller is liable to the Buyer if the electronic product has a physical or legal defect (warranty for defects).
  3. If the Buyer finds a defect in an electronic product, he should inform the Seller about it, specifying his claim related to the defect found or submitting a statement of appropriate content.
  4. The Buyer may contact the Seller both by traditional mail and by e-mail.
  5. The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint by the means of communication with which the complaint was submitted.
  6. Starting from 01.01.2021/XNUMX/XNUMX, the provisions regarding the Seller's warranty for defects in the sold item regarding Consumers also apply to a natural person concluding a contract with the Seller directly related to his business activity, when the content of this contract shows that he has no a person of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

 

§ 13

Personal data and cookies

 

The rules for the processing of personal data and the use of cookies are described in the privacy and cookie policy available at https://epozytnaopinia.pl/polityka-prezentnosci/.

 

§ 14

Out-of-court complaint consideration and redress methods

 

  1. The seller agrees to submit any disputes arising in connection with the concluded contracts for the supply of digital content through mediation proceedings. Details will be determined by the parties to the conflict.
  2. The consumer has the opportunity to use extrajudicial ways to handle complaints and redress. Among other things, the Consumer has the option of:
    • apply to a permanent amicable consumer court with a request to settle a dispute arising from the concluded contract,
    • addressing the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller,
    • use the assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
  3. For more detailed information on extrajudicial ways of dealing with complaints and redress, the Consumer can search on the website http://polubownie.uokik.gov.pl.
  4. The consumer can also use the ODR platform, which is available at the address http://ec.europa.eu/consumers/odr. The platform serves the purpose of resolving disputes between consumers and businesses seeking an out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a service contract.

 

§ 15

Miscellaneous

 

  1. The Seller reserves the right to enter and cancel offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
  2. The Seller reserves the right to make changes to the Regulations. For contracts concluded before the amendment to the Regulations, the Regulations in force on the date of conclusion of the contract shall apply.
  3. Buyers who have an account in the Store about any change to the Regulations will be notified by e-mail to the e-mail address assigned to the account. If the content of the new Regulations is not accepted, the Buyer has the right to terminate the account maintenance agreement at any time by deleting the account or submitting an appropriate statement to the Seller, in any form, on termination of the account maintenance agreement.
  4. These Regulations apply from 12/12/2022.
  5. Any disputes related to contracts concluded through the Store will be considered by the Polish common court competent for the place of permanent business activity by the Seller. This provision does not apply to Consumers, in the case of which the jurisdiction of the court is considered on general terms. Starting from 12/12/2022, this provision also does not apply to a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity - in the case of such a person, the jurisdiction of the court is considered on general terms.