Terms and Conditions for the Online Shop – www.bitsofwar.com
I. General provisions
1. These Terms and Conditions specify the general conditions and ways of provision of Services electronically and selling via the Online Shop www.bitsofwar.com. The Shop is operated by Eliza Sęk, residing in Warsaw, at ul. Tołstoja 1/55, 01-910 Warsaw, Social Security Number (PESEL) 76041309022, conducting business activity under the business name Kromlech Eliza Sęk, entered the Central Registration and Information on Economic Activity (CEIDG) maintained by the maintained by the Minister of Economy, with its registered office in Warsaw, at ul. Rydygiera 8, bud 18, 01-793 Warsaw, Poland, Taxpayer Identification (NIP) Number: 5581210002, National Official Register of Business Entities (REGON) Number: 363654200, Product, Packaging and Waste Management Database Registry (BDO): 000381342, hereinafter referred to as the Seller.
2. The Seller may be contacted by:
- email: email@example.com;
- phone: +48 601484728.
3. These Terms and Conditions are always available at the website www.bitsofwar.com, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
4. The Seller informs that taking advantage of Services provided electronically may be associated with a risk to any user of the Internet of introducing a malware on a computer system or obtaining and modifying Customers' data by unauthorized persons. Therefore the Customer should apply appropriate technical measures to minimize the above-mentioned risks, in particular by the use of antivirus and firewall.
The terms used in these Terms and Conditions shall have the following meaning:
- Business Days – these shall be the days from Monday to Friday, excluding public holidays;
- Customer – a natural person with a full legal capacity, a natural person who conducts business activity, a legal entity or an organizational unit without legal personality, vested with a legal capacity by special provisions, who places the Order in the Online Shop or uses other Services available in the Online Shop;
- Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);
- Consumer – the Customer being a consumer within the meaning of the provisions of Article 22  of Civil Code;
- Digital content- the type of Goods, presented in the Shop in the form of publication of data produced and supplied in digital form, not recorded on a material carrier, with its description available with each of the presented products
- Entrepreneur –the Customer being an entrepreneur within the meaning of the provisions of Article 43 of Civil Code;
- Terms and Conditions – this document;
- Goods – the product presented in the Online Shop, with its description available with each of the presented products;
- Sales Agreement – a sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Agreement for the delivery of digital content- agreement for delivery of the Digital content between the Seller and the Customer as defined in these Terms and conditions, providing The Digital content not recorded on a material carrier
- Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
- Act on Copyright and Related Rights – the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, Item 83, as amended);
- Act on Consumer Rights – the Act on Consumer Rights dated 30 May 2014 (Journal of Laws 2014, No. 827);
- Act on Rendering Electronic Services – the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
- Act on Rendering Electronic Services – the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
- Order – declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement, specifying in particular the kind and amount of Goods.
1. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements:
- a computer or a mobile device with access to the Internet;
- access to electronic mail;
- a browser Internet Explorer - version 11 or newer, Firefox - version 28.0 or newer, Chrome - version 32 or newer, Opera - version 12.17 or newer, Safari - version 1.1. or newer;
2. Using the Online Shop shall mean every activity of the Customer which familiarizes him with the Shop content.
3. The Customer shall be obliged in particular:
- not to provide and not to transfer any content forbidden by provisions of law, e.g. the content which is defamatory, promotes violence or infringes personal rights and other rights of third parties;
- to use the Online Shop in the manner not interfering with its functioning, in particular by using specific software or devices;
- not to perform any actions such as: sending unsolicited commercial information (spam) or placing it within the Online Shop;
- to use the Online Shop so as not to disturb other Customers and the Seller;
- to use all the content within the Online Shop solely for one’s own personal purposes;
- to use the Online Shop in accordance with the provisions of law applicable at the area of the Republic of Poland, with the Terms and Conditions, and also with the general rules governing the use of the Internet.
1. The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
2. The Service which involves maintenance of an Account in the Online Shop shall be available upon registration. To register it is required to fill out and accept the registration form available on one of the Online Shop websites. The agreement for the provision of Service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall when the Customer submits a request to remove the account.
3. The Customer may receive the Seller’s commercial information in the form of messages sent to the Customer’s electronic mail address (the Newsletter service). To receive such information, the Customer must provide a valid electronic mail address or activate an appropriate field in the registration form or the Order form. The Customer may, at any time, withdraw his consent to receive commercial information. The Agreement for the provision of the Newsletter Service shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter Service.
4. The Customer may post his individual and subjective opinions in the Online Shop in reference, among others, to the Goods or the transaction process. Posting messages, the Customer declares that he holds all the rights to that content, in particular proprietary copyrights, related rights and industrial property rights. The agreement for the provision of service which involves posting opinions about Goods shall be concluded for a definite period and shall be terminated when the opinion is posted.
5. The comments should be composed in a clear and understandable manner, and moreover they must not breach any applicable provisions of law, including third party rights – in particular they must not be defamatory, infringe personal interests or involve a deed of unfair competition. The posted comments shall be published on the Online Shop websites.
6. Upon posting the comment, the Customer allows the Seller to use the comment free of charge and to publish it, and also to make compilations of the works within the meaning of the Act on Copyrights and Related Rights.
7. The Seller shall have the right to organize occasional competitions and promotions, the terms of which shall always be presented on the Shop websites. The Online Shop promotions may not be combined unless the Terms and Conditions for the given promotion provide otherwise.
8. If the Customer breaches these Terms and Conditions, the Seller - after a prior ineffective cease and desist letter setting an appropriate deadline - may terminate the agreement for the provision of Services upon a 14 days’ notice.
V. Agreement for the delivery of digital content
1. All Digital Content available in the Online Shop is a work as defined by the Act on Copyright and Related Rights, is protected by copyright and has been legally introduced into the Polish market.
2. The Seller declares that, depending on the Digital Content available in the Shop, it has the right to grant a licence or further licence for the use of the Digital Content, under the terms of the Act on Copyright and Related Rights.
3. The Seller informs the Customer on the Shop’s website, in the description of the Digital Content, of the technical requirements necessary for the correct functioning of the Digital Content, including the functionality, compatibility and interoperability of the Digital Content.
4. The Seller shall make the Digital Content available to the Customer in the manner indicated on the Shop’s website, in the description of the Digital Content, at the latest when the Order is placed by the Customer.
5. The Seller shall make the Digital Content available as soon as the Seller has received information from the billing agent system that payment has been made.
6. Item VI of subsections 4-5 of the Terms and Conditions shall apply, respectively, to the conclusion of the Agreement for the delivery of digital content
7. Agreement for the delivery of digital content is concluded in the Polish language with the content compliant with the Terms and Conditions.
8. Agreement for the delivery of digital content is concluded for a definite period and terminates when the Digital Content is downloaded by the Customer.
9. The Seller may limit the number of downloads of Digital Content. Information on the number of downloads is always indicated in the description of the Digital Content.
10. The Seller undertakes to provide the Digital Content Updates to the Consumer for 2 years from the delivery of the Digital Content, unless the Consumer and the Seller have individually agreed on a different period.
11. The Consumer agrees to cooperate with the Seller in the case of an Update, as long as it is carried out to a reasonable extent and using the least onerous technical means.
12. For the purposes of these Terms and Conditions, a Licence constitutes both a license and a further license (sublicence) within the meaning of the Act on Copyright and Related Rights.
13. The Seller, as part of the conclusion of the Contract for the supply of Digital Content, grants to the Customer, for an indefinite period of time, a royalty-free and non-exclusive Licence to use the Digital Content (hereinafter: the “Licensed Content”). The Seller grants the Customer a Licence to use the Licensed Content in the following fields of use:
i. . input into the Customer’s computer memory;
ii. . use in any form only for the Customer’s own purposes.
14. The Customer does not have the right to grant sublicenses within the scope of the Licences granted under this section of the Terms and Conditions.
VI. The Conclusion Procedure for the Sales Agreement
1. Information about the Goods as provided on the Shop websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
2. All the Goods available in the Online Shop are free of physical and legal defects and have been legally introduced to the Polish market.
3. In the event that the Seller uses mechanisms for individual price adjustment on the basis of automated decision-making, it shall communicate this information to the Consumer in each case, when placing an Order, taking into account the requirements imposed in this regard by the data protection legislation
4. To place an Order, an active electronic mail account is required.
5. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends - to the electronic mail address provided by the Customer - a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
6. The sales Agreement shall be concluded in English, and its provisions shall correspond to the Terms and Conditions.
1. Delivery of the Goods is performed to the address indicated by the Customer when placing the Order.
2. The Customer may choose the following forms of delivery of the ordered Goods:
- by a courier company,
- by a post operator.
3. On the Shop websites, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges.
4. The deadline for delivery and processing of the Order shall be calculated per Business Days, in accordance with Paragraph VII Subparagraph 2.
5. The Seller provides the Customer a proof of purchase.
6. If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.
VIII. Prices and methods of payment
1. The prices for the Goods are provided in polish zloty, British pounds, United States dollars, Australian dollars, Canadian Dollars, and Euro and include all the components like VAT and other fees.
2. The Customer may choose the following payment methods:
- bank transfer to the Seller’s bank account (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be dispatched immediately after the funds are credited on the Seller’s bank account and after the Order is completed);
- electronic payment (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed).
3. On the Shop websites, the Seller informs the Customer about the time when he must make the payment for the Order. If the Customer fails to make the payment within the time specified in the previous sentence, the Seller - after a prior ineffective cease and desist letter setting an appropriate deadline - may withdraw from the Sales Agreement under Article 491 of the Civil Code.
IX. The right to withdraw from the Agreement
1. The Customer who is a Consumer may withdraw from the Agreement without specifying the reason by submitting an appropriate declaration within 14 days. To keep this deadline it is enough to send this declaration before its lapse.
2. The Consumer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement, which is available on the Online Shop’ websites.
3. The 14-days’ deadline shall be calculated from the day when the Goods were delivered or - in the case of an Agreement for Services - from the day it was concluded.
4. Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
5. The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:
- for rendering services, if the Seller has performed the service in full with express consent on the part of the Consumer who had been informed - before the service was commenced - that upon completion of the service he shall lose the right to withdraw from agreement;
- for an agreement the price or remuneration for which depends on fluctuations on the financial market that are beyond control of the Seller and that may occur before the lapse of the time allowed for withdrawal from the agreement;
- for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Consumer or serving to satisfy his unique needs;
- for an agreement where the subject of the service are Goods which deteriorate quickly or have a short shelf life;
- for an agreement where the subject of the service are Goods delivered in a sealed packaging that cannot be returned if opened, due to health protection issues or for sanitary reasons, if the packaging is opened after delivery;
- for an agreement where the subject of the service are Goods which after delivery, due to their nature, remain inseparably connected with other items;
- for an agreement where the subject of the service are alcoholic beverages, the price of which was agreed on conclusion of the Sales Agreement, and which may be delivered only after 30 days, and the value of which depends on fluctuations on the market that are beyond control of the Seller;
- for an agreement where the Consumer expressly requested the Seller to visit him in order to perform an urgent repair or maintenance; if the Seller additionally performs other services than those requested by the Consumer, or if he delivers other Goods than the spare parts necessary for the repair or maintenance, the Consumer shall have the right to withdraw from agreement as regards the additional services or Goods;
- for an agreement where the subject of the service are audio or video recordings or computer software delivered in a sealed packaging, if the packaging is opened after delivery; the delivery of journals, periodicals or magazines, except for a subscription agreement;
- for an agreement concluded in a public auction;
- for an agreement for rendering services in the scope of accommodation, other than for residential purposes, transport of items, car rental, catering, services connected with leisure, entertainment, sports or cultural events, if the agreement indicates the day or period when the service is to be rendered;
- for an agreement for the delivery of digital content which is not recorded on a material carrier, if the performance of the service commences upon an express consent of the Consumer before the lapse of the time for withdrawal from agreement and after he has been informed by the Seller about losing the right to withdraw from the agreement.
- for Agreement for the delivery of digital content not supplied on a tangible medium for which the Consumer is obliged to pay, if the Seller has commenced performance with the express and prior consent of the Consumer, who has been informed before the commencement of performance that after the Seller’s performance they will lose their right of withdrawal, and has acknowledged this, and the Seller has provided the Consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.
6. Other exceptions to the right of withdrawal are indicated in Article 38 of the Consumer Rights Act.
7. Following the withdrawal from the Agreement for the delivery of digital content by the Consumer, the Seller shall, at the Consumer’s request, make available to the Consumer content other than personal data which has been supplied or created by the Consumer during the use of the Digital Content supplied by the Seller free of charge, within a reasonable time and in a commonly used machine-readable format, with the exception of:
a. when they are only useful in connection with the Digital Content which was the subject of the Contract;
b. those that relate solely to the Consumer’s activity during the use of the Digital Content by the Seller;
c. when they have been combined by the Seller with other data and cannot be extracted or can only be extracted with a disproportionate effort.
8. The Consumer shall have the right to recover from the Seller, the Digital Content referred to in Sec. 6 above, free of charge, without hindrance from the Seller, within 14 days, in CSV or other commonly used machine-readable format.
9. Upon withdrawal from the Agreement for the delivery of digital content by the Consumer, the Seller has the right to prevent the Consumer from further use of the Digital Content, in particular by preventing the Consumer from accessing the Digital Content or has the right to block the Account.
10. In the event of withdrawal from the Agreement for the delivery of digital content, the Consumer shall refrain from using such Digital Content and from making it available to third parties.
11. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition unless the change was necessary within the scope of the ordinary management, in particular, to determine the nature, features and functioning of the item. The items should be returned immediately, not later than within 14 days. The purchased Goods should be returned to the address of the Seller.
12. The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer. The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides proof of its return dispatch, whichever comes first unless the Seller offers to pick up the item from the Consumer by himself.
13. If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred.
14. The Consumer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
X. Complaints for the Goods under warranty
1. The Seller undertakes to deliver Goods free from defects.
2. The Seller shall be liable towards the Customer who is a Consumer, under warranty for defects in accordance with the provisions laid down in Article 556 – 576 of the Civil Code.
3. Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the following address: Kromlech Eliza Sęk, ul. Rydygiera 8, bud 18, 01-793 Warszawa, Poland, to the electronic mail address: firstname.lastname@example.org or by telephone: +48 601484728
4. In order for the complaint to be processed, the Customer should send or deliver the claimed Goods, attaching the proof of purchase, if possible. The Goods should be delivered or sent to the address mentioned in point 3.
5. The Seller undertakes to process each complaint within 14 days.
6. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
XI. Complaints about Digital Content
1. The Seller undertakes to deliver the Digital Content in accordance with the Contract.
2. The Seller is responsible for the nonconformity of the Digital Content with Contract in accordance with the provisions contained in Art. 43i-43I of the Consumer Rights Act in relation to Customer who is a Consumer and Customer who is a natural person who concludes the Contract directly related with their business activity, if it results from the content of this Contract that it is not of a professional nature for this person, resulting in particular from the subject of their business activity as disclosed in the Central Register and
Information on Business Activity.
3. Complaints about the Digital Content should be addressed to the email address: email@example.com.
4. In connection with the investigation of the complaint and the determination of whether the nonconformity of the Digital Content with the Contract is due to the characteristics of the Customer’s digital environment, the Customer is obliged to cooperate with the Seller. The Seller shall ensure that this cooperation is carried out to a reasonable extent and with the least burdensome technical measures for the Consumer.
XI. Complaints for electronic services
1. The Customer may complain to the Seller about functioning of the Shop and using the Services. Complaints may be submitted in writing to the following address: Kromlech Eliza Sęk, ul. Rydygiera 8, bud 18, 01-793 Warszawa, Poland, to the electronic mail address: firstname.lastname@example.org or by telephone: +48 601484728
2. In the complaint, the Customer should indicate his name and surname, address for correspondence, the kind and description of the present problem.
3. The Seller undertakes to process each complaint within 14 days, and if this is not possible - to inform the Customer within that time when the complaint will be processed. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, within 7 days from the date when the Customer received the request.
1. The Goods may possess the guarantee of the manufacturer.
2. For the Goods covered by a guarantee, the information regarding the existence and content of the guarantee, and also the time for which it has been concluded is always presented in the description of the Goods on the Shop websites.
XIII. Out-of-court ways of settling complaints and pursuing claims
1. The Customer who is a Consumer has, among others, the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:
- he has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;
- has the right to refer to the voivodeship inspector of the Commercial Inspection with a request to initiate mediation proceedings for amicable settlement of the dispute between the Customer and the Seller;
- may obtain free support for settlement of the dispute between the Consumer and the Seller, using also the support of the poviat (municipal) consumer rights adviser or a social organisation whose statutory tasks include protection of Consumers (among others, the Federation of Consumers, the Society of Polish Consumers). The advice is provided by the Federation of Consumers on the toll-free number of consumers’ hotline +48 800 007 707 and by the Society of Polish Consumers at the electronic mail address email@example.com.
- may report his complaint via the European ODR platform available at the address:http://ec.europa.eu/consumers/odr/.
XIV. Protection of personal information
XV. Final Provisions
1. The provisions concerning the Consumer contained in these Terms and Conditions, regarding withdrawal from the agreement and complaint, applies to a natural person, concluding an agreement directly related to its business activity, when the content of the agreement indicates, that it does not have professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions of Central Registration and Information on Economic Activity. The provisions on out-of-court ways of settling complaints and pursuing claims do not apply.
2. Any disputes arising between the Seller and the Customer who is a Consumer shall be settled by competent courts in accordance with applicable provisions of the Code of Civil Procedure.
3. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
4. The matters not provided for in these Terms and Conditions shall be governed by the provisions of the Civil Code, the Act on Rendering Electronic Services, the Act on Consumer Rights and other applicable provisions of Polish law.
5. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he shall be obliged to inform the Seller about it within 14 days from being informed about the amendment of the Terms and Conditions. Failure to accept shall result in termination of Agreement.