1. The following terms used in the Regulations shall have the following meanings:

Password -  a sequence of alphanumeric characters necessary for authorisation during obtaining the access code to a Customer's Account, established by the Customer themselves during the Registration process.

Customer - any natural person over 13 years of age, however, in the case the person is under 18, a consent from their legal representative is required, and also a legal person and an organisational unit that does not constitute a legal person, but to which special regulations grant legal capacity, and which places or intends to place an Order or Reservation or uses other services of the Online Store (including the Consumer). Civil Code - act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).

Consumer - any natural person making the legal action not directly related to its business or professional activity.

Account (Customer's Account) - a subpage of the Store site, within which the Customer may, among others, manage their personal data, receive notifications on the changes of status of Products, express their opinions on the Products and control and manage the status of their Orders.

Customer's Login (Login) -  a sequence of alphanumeric characters (e-mail) necessary for obtaining the access code to a Customer's Account, established by the Customer themselves during the Registration process.

Regulations - these Regulations of sales when using means of communication at a distance and providing services by electronic means.

Registration - a single activity consisting in the Customer setting up a Customer's Account, made with the use of an administration panel made available by the Service Provider on the Store site.

Force Majeure - any external event, independent of the Parties, unexpected and unavoidable or unforeseeable (e.g. strikes, wars, unrest, riots, floods, fires, whirlwinds).

SPN Nails Online Store (Store, Online Store) - a web site available at  www.spn.pl / www.SPNNails.com, through which the Customer may buy Products.

Party - the Service Provider and the Customer.

Content (Contents) - Multimedia content and objects (e.g. information, data, graphic files, graphic elements, photos or films), including works as defined by the Act on Copyright and Related Rights and images of natural persons which are published and distributed by the person using the Store's site, inter alia, through including an Internet reference "a link" to some other web site.

Goods - movable property which is the subject of a Sales Contract. Additional Service - a service provided by the Service Provider for the Customer outside the Online Store in relation to the delivery of Goods (e.g. background systems installation, trainings on the used of products).

Product - Goods and Additional Services presented in the SPN Nails Online Store

Sales Contract  - a contract on sales of Products within the meaning of the Civil Code, concluded between the Service Provider and the Customer, using the means of communication at at distance (including by telephone)

Service (Services) - a service provided by the Service Provider by electronic means as stipulated by the Regulations and via the internet site available at www.spn.pl / www.SPNNails.com

Service Provider - the company Grupa Beautica Sylwia Pfajfer, NIP [Taxpayer ID No.]: 728-247-98-55, REGON [Business Id No.]: 473247317,

Order - a declaration of intent by the Customer, directly aiming at concluding Product Sales Contract at a distance via the Online Store and/or via telephone, defining the type and the quantity of the Product.

 

2. General Conditions

These Regulations shall determine the rules of performing the sales by the Service Provider, using means of communication at a distance, and also of using by the Customers the SPN Nails Online Store, available at www.spn.pl / www.SPNNails.com and the Services it offers.

For services provided electronically, these Regulations shall be the regulations referred to in art. 8 of the act of 18 July 2002 on provision of services by electronic means (Journal of Laws of 2002 No. 144, item 1204 as amended).

SPN Nails Online Store, operating at ww.spn.pl and www.SPNNails.com, is run by the company Grupa Beautica Sylwia Pfajfer, with its registered office at ul. Aleja Kościuszki 120, 90-446 Łódź , NIP [Taxpayer ID No.]: 7282479855, REGON [Business Id No.]: 473247317 

The Service Provider, via the Online Store, shall provide its Customers with the opportunity to place orders concerning the Products available in the SPN Nails Online Store and to conclude Products Sales Contracts at a distance and shall provide the Customers with information on the Products available in the SPN Nails Online Store.

The Service Provider declares that all the products in the online store are brand-new, free from physical and legal defects and they have been legally introduced to Polish market.  

These Regulations shall be also binding for the Customers who placed Orders via telephone, whether or not they have registered. Using the option of placing an Order by telephone is connected for the Customer to the necessity to bear the costs of the phone call. The fees mentioned above are not charged by the Service Provider, but by the provider of the publicly available telecommunications services, as defined by the act Telecommunications Law, who provides their services to the Customer.

The Regulations shall not apply to providing individual services for the Customer via the SPN Nails Online Store by a third party, who are fully responsible for those services, unless otherwise decided in the detailed regulations for the services mentioned above.

The Customer is obliged to comply with the provisions of the Regulations.

The Service Provider has a right to delegate the ongoing service of the SPN Nails Online Store, including the services provided by the Service Provider to a third party (subcontracting), without the Customers being informed about that fact.

The Service Provider uses cookies, that is small files placed on the user's computer during browsing web sites. Cookies are used to record information for statistic purposes and they are necessary for the proper functioning of the web site. The Customer may change the conditions of storing or access to cookies in their browser.

The Customers may obtain access to these Regulations at any time and free of charge via the Internet reference (i.e. link) placed on the homepage of the www.spn.pl and www.SPNNails.com and print it out.

Information on the Products given in the Store, especially their descriptions, technical and performance parameters and prices, are an invitation to conclude an agreement in the meaning of art. 71 of the Civil Code.

Information on the price given on the www.spn.pl and www.SPNNails.com sites is binding from the moment the Customer receives an e-mail mentioned in art. IV of the Regulations. The price shall not be changed irrespective of the price changes in the Store that may occur in relation to individual Products.

In case the Sales Contract is concluded by the telephone, and the Customer does not give their e-mail address, the price is binding from the moment the Service Provider confirmed it during the telephone conversation with the Customer. Photos, presentations and films about the Products are included in the Store as examples.

 

3. Scope, conditions and the rules concerning the use of the SPN Nails Online Store services

As a part of the www.spn.pl and www.SPNNails.com sites, the Service Provider declares to provide services in the scope and under conditions defined in these Regulations.

The Contract on providing services by electronic means shall be concluded the moment the Customer successfully completes and confirms the registration form, or each time the Customer uses the Store services (if they are not registered). In both cases the contract is concluded for an indefinite period of time.

Using particular services of the SPN Nails Online Store may be subject to a fee. Information on the scope of the fees for using the services mentioned below shall be displayed in such a way that the Customer could read them before they possibly use the mentioned services and within adequate resources of the SPN Nails Online Store.

Registration to the SPN Nails Online Store shall be completed by accepting the registration form, available on one of the pages of the Store site, after completing adequate boxes in the form.

The Service Provider reserves the right to modify technically the way the Service is provided, in accordance with the scope and conditions resulting from their entitlements and also in accordance with their technical capabilities, without affecting the quality of the Service and without the influence on the scope of the rights and responsibilities of the Parties.

For reasons of proof and also in relation to the orders made by the Customer by the telephone, the Service Provider may record any telephone conversations with the Customer.

The Service Provider is not a provider of the internet service or a provider of other publically available telecommunications services in the meaning of the Telecommunications Law Act. The Customer shall on their own get an access to a computer station or a final device that would enable them to place an Order.

The Customer is especially obliged:

- to use the services offered by the Service Provider in a way that does not disturb their functioning

- not to undertake actions like: dissemination or publishing unsolicited commercial communication in the Online Store; not to undertake any IT activities or activities aiming at obtaining information not devoted for the Customer,

- to use the services offered by the Service Provider in accordance with the abiding law of the Republic of Poland, provisions of the Regulations and also in accordance with custom,

- to refrain from submitting and communicating content that is forbidden by the abiding law,

- to use the services offered by the Service Provider in a way that is inoffensive to other Customers and the Service Provider, respect their personal rights (including the right to privacy) and any other rights they are entitled to,

- to use any content published on the SPN Nails Online Store for their own use only.

- they gave the misleading data or the data that infringes the right of the third parties,

- they are guilty of infringement of the personal rights of the third parties, especially personal right of other Customers, 

- they are guilty of behaviours that are against the Regulations or binding regulations of the law or violates good customs, e.g. by placing Product Orders and not colleting the product several times, unless the above bahaviour is not the case mentioned in Chapter V and Chapter VI of these Regulations.

- services that, due to their character, cannot be returned and whose subject is liable to deteriorate rapidly,

- special orders undertaken for clear special needs / requests of the Customer.

- the loss by the Customer of data caused by a failure of equipment or by other circumstances beyond the control of the Service Provider.  

- the results of the Customer using the SPN Nails Online Store in a manner inconsistent with the existing laws, provisions of these Regulations or against custom,

- data transfer speed and the restrictions connected to it, which are the result of circumstances of technical and technological as well as infrastructure nature,

- the content of any of the Customer's opinions that were published via the SPN Nails Online Store

- the content of commercials published in the Store by third parties.

- they are eligible to use proprietary copyrights, industrial property rights and/or related rights to - respectively - works, items covered by industrial property rights (e.g. trademarks) and/or items covered by related rights, that form the Contents,

- they are eligible to tag the mentioned items with titles or names or names of their authors,

- publication and sharing on the Store site any personal data, image and information concerning third parties was legal, voluntary and with the consent of those individuals,

- they agree for compilation of works in the meaning of Act on Copyright and Related Rights,

- they agree to grant access to the Content by other Customers and the Service Provider, and also authorises the Service Provider to use them in line with the provisions of those Regulations.

- publication of personal data of third persons and sharing the image of third parties on the Store site without authorisation or consent of the third party required by law,

- publishing on the site any advertising and/or promotional Content.

- to be placed on the Site in bad faith, e.g. in order to infringe personal interests of a third party,

- infringe any rights of a third party, including the rights connected to protection of copyrights and related rights, protection of industrial property rights, a company secret or connected to commitment to ensure confidentiality,

- be offensive or be a threat against other persons,

- they would contain words contrary to good practices (e.g. through the use of swearwords or terms commonly accepted as offensive),

- that might interfere with the Service Provider's interests (e.g. be direct or indirect advertisement or promotion of a competition of the Service Provider or their services and goods),

- in any other way infringe provisions of the Regulations, good practices, provisions in the existing law (e.g. the Act on combating unfair competition), social and moral norms (e.g. promote violence, pornography, 

- incite racial, religious, ethnic hatred, are offensive to religious feelings).

Use of the contents in other scope is acceptable only with a clear consent granted by an authorised person.

The Customer has sole responsibility for the activities they perform in the Online Store and/or during placing an Order by the telephone.

The Service Provider conducts wholesale and retail sale. In order to enter into business relationships in the form of wholesale, the customer is obliged, after creating an account, to contact with the sales department and to inform about the willingness to enter into such a relationship.

The Customer is obliged to inform the Service Provider immediately about each case of infringement of their rights, as well as about any case of infringement of the rules defined in these Regulations.

The Service Provider may deprive the Customer of the right to use the Online Store and to place order by telephone, and they also may immediately limit the Customer's access to some parts or to all the goods in the SPN Nails Online Store in case the Customer infringes these Regulations, and especially when the Customer:

The person that was deprived of the right to use the SPN Nails Online Store on the basis of provisions of art.3 of the Registration, cannot re-register without obtaining previous consent of the Service Provider.

 

4. Concluding a Product Sales Contract via the Online Store

The Customer may: Buy (i.e. conclude a Products Sales Contract at a distance) the selected products via the Online Store or by telephone. The Products Sales Contract shall be concluded the moment the Customer receives an e-mail message mentioned in point 4 of the Regulations. In case the Customer places an Order by telephone, they are obliged to cite their correct e-mail address, on which an order confirmation can be sent, and thus a Products Sales Contract can be concluded. 

In order to conclude a Product Sales Contract at a distance, via the SPN Nails Online Store, the Customer should enter the www.spn.pl or www.SPNNails.com web site, and then select a Product available in the Online Store and place an Order with information concerning the place of delivery of the Product or to select an option of Personal Collection from the premises of the Grupa Beautica company, undertaking subsequent technical steps on the basis of displayed communications and information.

In order to conclude a Product Sales Contract by telephone, the Customer should call the relevant number (indicated in current advertisements of the Service Provider or on the Online Store web site), and then select a Product and place an Order with information concerning the place of delivery, undertaking subsequent steps on the basis of communications from the Sales Department consultant.

Successful placing of Order is possible after the Customer has accepted these Regulations.

After the Order has been placed, the Customer receives an e-mails confirming that the Store received the Order.

This e-mail may be preceded by an attempt to confirm the Order by telephone.

In case the Store is unable to contact the Customer by the phone within 7 (say: seven) days from placing the Order, it shall be cancelled.

The Service Provider provides the Customer with the right to see or obtain telephone information related to the content of the Order.

Product prices are gross prices, they are quoted in Polish złoty (PLN) and they contain all components, including VAT, duties, etc.

The Customer can pay in cash when collecting the delivery, with a bank transfer (pre-payment) or through an electronic payment system.

The possibility to use a given form of payment may depend on the way the Order was placed.

In case the Customer selects the "Pre-payment on a bank account" option, the lack of payment within 5 working days results in an automatic cancellation of the Order.

The Product Order shall be processed immediately after the Sales Contract has been concluded. In case the Order is placed, delivery of the Goods shall be made not later than within one (1) calendar month from the day the Sales Contract has been concluded, unless other option was selected for the Goods.

The Service Provider shall deliver the ordered Goods by courier service. Any possible additional costs, especially the costs of delivery, shall be clearly defined during the Order placing process.

The cost of shipment of the ordered Goods in Poland depends of the Customer's profile. The cost of shipment to the registered and logged-in Customers, who carry out economic activities is PLN 5, for individual and unregistered/unlogged Customers it is PLN 12.

The cost of shipment of the ordered Goods outside Poland depends on the country the Goods are shipped to and the total weight of the ordered products. In case of the orders shipped to the EU countries, the costs shall be clearly defined during the Order placing process. In case of the orders shipped to the countries outside the EU, exact costs shall be calculated and sent to the Customer after the placed order has been accepted.

In case of the Order placed by the Customer who carries out economic activities, each time a NIP number [Taxpayer Id. No.] is verified. In case an inactive or false NIP no. is given, the Service Provider reserves the right to cancel the Discount calculated during Order placement and increase the transport costs to PLN 12.

Within the territory of the Republic of Poland the Order shall be delivered by the "FedEx Express Polska" courier company.  Outside the territory of the Republic of Poland the Order shall be delivered by the "UPS" courier company.

Information on the availability of the Product is each time available by each Product on the Online Store website or during the telephone call.

The Customer is entitled to use the available information services by the Service Provider about the current Order status.

In order to have the Order realised, the Customer is obliged to give all the necessary data enabling realisation of the Order, i.e. name, address (street name and number, location and the postal code), phone number or any other data indicated by the Service Provider via the Store web site or during the telephone conversation.

The Order shall be realised, provided that the ordered Products are available.

In case any of the Products is unavailable, the Customer shall be immediately informed about that fact and asked to select further course of the order realisation, i.e. to select other products, cancel the Order due to the lack of the Products or the need to wait longer for the Order to be realised.

In case of the lack of the Product or unwillingness to realise the Order, the Customer shall immediately receive the reimbursement of the charges paid.

The ordered Goods may be delivered by the Service Provider only to the address indicated by the Customer, which is located in one of the countries operated by SPN Nails store.

When collecting the parcel with the ordered Goods, the Customer should check the parcel and in the case they find: mechanical damage to the content of the parcel, the order is incomplete, the content of the parcel is inconsistent with the Order, the Customer is entitled to refuse collection of the shipment.

In such a case the Customer shall immediately inform the Service Provider on the situation in order to get the new delivery prepared.

 

5. The right to withdraw from the Contract

Pursuant to the law, within 14 days from the delivery of the ordered goods, the consumer has a right to return them (withdraw from the contract) / exchange without giving any reasons, according the general principles contained in the law on agreements concluded at a distance.  The law indicated in this point concerns consumer sales, so it is applicable only to the sales to a natural person who is making the purchase for purposes which are outside that person’s trade, business, craft or profession.

The above law may be executed by the Consumer through sending a completed return/exchange form (withdrawal from the contract) of the Goods to the following address: Grupa Beautica ul. Aleja Kościuszki 120, Łódź 90-446 or to the e-mail address: sprzedaz@spn.pl. The 14-day deadline indicated in point 5 starts on the day the Goods were delivered by the Consumer or the person they indicated. 

In case of withdrawal from the products sales contract concluded at a distance, the contract is considered as invalid and the Consumer is free of any liabilities.

The reimbursement of expenses incurred by both Parties should be done immediately, not later than within fourteen (14) days.

The Goods returned by the Consumer shall be packaged in a proper manner that ensures it does not get damaged during transportation, if possible, it should be packaged in the original package. The Consumer bears the cost of the packaging and sending the Goods back. The Store shall reimburse the Consumer for the costs of delivery of the ordered goods - up to the amount corresponding to the option of the cheapest shipment available in the given offer. 

The Store does not collect the cash-on-delivery returns.

The Store sends back the exchanged goods via the FedEx Express Polska courier company. The costs of shipment is PLN 12.50.   

The right to withdraw from the contract may be exercised in the following cases:

- contracts concerning the services the price of which depends solely on price movement on financial market,

- when an item delivered in a sealed package which, after being opened, cannot be returned due to health protection or for hygienic reasons, is the subject of the service, 

- services having properties defined by the Consumer in their order or strictly connected to their person,

 

6. Nonconformity of goods with the contract. Complaints, servicing of products

The Service Provider shall be liable to the Consumer for any lack of conformity of the Goods purchased by that Customer, to the extent defined in act of 27 July 2002 on specific conditions of consumer sale and on the amendment to the Civil Code (Journal of Laws No. 141, item 1176 as amended).

In order to avoid any doubts it is concluded that none of the provisions of these Regulations restricts the Consumer's rights they are entitled to on the basis of the abiding law of the Republic of Poland. When a decision of such a character is found, relevant provisions of the abiding law of the Republic of Poland shall apply, especially of the Civil Code, act of 2 March 2000 on the protection of certain consumer rights and the responsibility for harm caused by dangerous goods (Journal of Laws of 2000, No. 22, item 271 as amended) and act of 27 July 2002 on specific conditions of consumer sale and on the amendment to the Civil Code (Journal of Laws no. 141, item 1176 as amended).

The lack of performance of non-monetary service due to the occurrence of Force majeure shall not be the basis to any claims for damages and contractual penalties, unless the Party who is affected by the Force majeure failed to inform the other Party about the circumstances, immediately after they had the opportunity to do so.

The Service Provider is not the manufacturer of all the Goods offered in the store. Complaints of nonconformity of goods with the contract or manufacturer's warranty and also improper performance of additional services should be sent to the following address: Grupa Beautica ul. Aleja Kościuszki 120, Łódź 90-446.

Entitlements resulting from the warranty should be exercised in line with the conditions included into the warranty card.

For more information on sending back the claimed Goods and filing a complaint go to www.SPNNails.com/FAQ or contact the SPN Nails sales department at the phone number listen on the www.SPNNails.com site.

Time-limit to deal with the complaint filed by the Customer is 14 calendar days.

During this period the SPN Nails store shall inform the Customer on the decision concerning the filed complaint.

 

7. Complaints concerning the Store's activities

The Service Provider undertakes actions in order to assure that the Store operates reliably to the extent that results from the actual technical knowledge and it undertakes to remove all the irregularities reported by the Customers within a reasonable period of time.

The entitlement to file a complaint mentioned in this chapter is granted to the Customer only when irregularities, failures or interruptions in the operation of the SPN Nails Online Store site are concerned.

When using the Store, the Customer is obliged to inform the Service Provider immediately about any irregularities, failures or interruptions in the operation of Online Store site and about improper quality of services of the Store.

The Customer has the right to file a complaint within one (1) calendar month from the day the irregularity in the Store operation occurred.

The complaint filed after the effective date indicated in the previous sentence shall not be considered, and the Customer shall be immediately informed by the Service Provider about that fact.

The complaint shall be considered by the Service Provider no later than 30 days from the effective date it was filed.

The date of filing the complaint shall be the date of claim arrival to the Service Provider.

The claim should include the Customer's name, mailing address, type and date of the occurrence of the irregularity connected to the Store operation.

The Customer shall be immediately informed about the results of the complaint by the Service Provider.

 

8. Responsibility

The Service Provider does not bear responsibility for any technical problems or technical constraints of the computer equipment, terminal equipment, IT system and telecommunications infrastructure that is used by the Customer and which prevent them from proper use of the SPN Nails Online Store and the services it offers.

The Customer is exclusively liable for ensuring technical compatibility between computer equipment or terminal equipment and the IT or telecommunications system they use to visit the Store, and the Store.

The Customer bears responsibility for the acts or omissions of any other party using the Service as well as for their own acts and omissions.

The Service Provider does not bear responsibility for:

The Service Provider does not bear responsibility for unavailability of the Store due to Force Majeure, and also acts or omissions of the Customer and a third party, the Customer bears responsibility for whose acts or omissions.

Moreover, the Service Provider reserves the right to suspend or terminate the services in the Store, especially due to the necessity of conducting maintenance, inspection, or technical base development, in the case it does not infringe the Customer's rights. 

 

9. Remaining rights and responsibilities

Each Party may terminate the contract for providing services by electronic means at any time and without giving any reasons, subject to the rights acquired by the other Party before termination of the agreement and the provisions stated below.

The Customer who made Registration, terminates the service for providing services by electronic means by making a request for removal of the Service Provider's Account. The request for removal of the Service Provider's Account results in termination of the contract after a 5-days notice.

The Service Provider, wishing to terminate the contract for providing services by electronic means, shall notify the Customer be sending an e-mail to the address given during Registration, within 14 days before the planned date of removal of the Customer's Account.

The Service Provider has the right to withdraw from performing the Service with immediate effect in case the Customer infringes provisions of these Regulations and in case of ineffective requests to the Customer for stopping the infringements mentioned above within 1 working day.

 

10. Publishing and sharing Contents on the Store site

When publishing and sharing the Contents the Customer voluntarily shares the Contents. The Service Provider does not provide the Content, they are only the subject that ensures proper IT resources for this purpose.

The Customer declares that:

- they are eligible to use proprietary copyrights, industrial property rights and/or related rights to - respectively - works, items covered by industrial property rights (e.g. trademarks) and/or items covered by related rights, that form the Contents,

- they are eligible to tag the mentioned items with titles or names or names of their authors,

- publication and sharing on the Store site any personal data, image and information concerning third parties was legal, voluntary and with the consent of those individuals,

- they agree for compilation of works in the meaning of Act on Copyright and Related Rights,

- they agree to grant access to the Content by other Customers and the Service Provider, and also authorises the Service Provider to use them in line with the provisions of those Regulations.

The Customer is not authorised to:

- publish personal data of third persons and sharing the image of third parties on the Store site without authorisation or consent of the third party required by law,

- publish on the site any advertising and/or promotional Content.

The Customer bears sole authority for the character of Content they publish. In particular, they must not violate any personal goods and rights of third parties (including legal persons), as well as the provisions of these Regulations and the rules of law in force.

In particular, publishing on the Site any Contents that could:

- be placed on the Site in bad faith, e.g. in order to infringe personal interests of a third party,

- infringe any rights of a third party, including the rights connected to protection of copyrights and related rights, protection of industrial property rights, a company secret or connected to commitment to ensure confidentiality,

- be offensive or be a threat against other persons,

- they would contain words contrary to good practices (e.g. through the use of swearwords or terms commonly accepted as offensive),

- that might interfere with the Service Provider's interests (e.g. be direct or indirect advertisement or promotion of a competition of the Service Provider or their services and goods),

- in any other way infringe provisions of the Regulations, good practices, provisions in the existing law (e.g. the Act on combating unfair competition), social and moral norms (e.g. promote violence, pornography, 

- incite racial, religious, ethnic hatred, are offensive to religious feelings).

In case a third party learns about information on publishing on the Site the Contents that infringe the mentioned point 10, they should immediately inform the Service Provider about this fact by contacting them at the following e-mail address: beautica@beautica.pl or by the phone.

The Customer, by publishing the Content, expresses their consent to the content being used by third parties for purposes of permitted personal use.

The Service Provider reserves the right to modify the Contents and to remove the ones that, on the basis of information from a third party or the relevant authorities, are found to infringe these Regulations, binding legal provisions or to be detrimental to the reputation of the Service Provider.

However, one should remember that the Service Provider does not perform prior or current control of the published Contents.

The Customer expresses consent to use the Contents they publish free of charge, only to the extent they form an element of the whole picture (i.e. a screenshot) available to all the individuals using the Store, to share or to publish, only as a part of the whole picture of the Store site, on the Internet or in promotion materials concerning the Service Provider on the Internet, in press and on TV, and also to share them via telecommunications networks, in order to inform about Store site operation and to promote its activity in a way that does not infringe personal goods and the image of the owner of the Account.

The published Contents do not express the Service Provider's opinions and they should not be identified with their activity.

In case when the Customer or the Service Provider acting in trust to Customer's declarations made by accepting these Regulations, by publishing given Contents on the Store site, infringes the rights of a third party or the rules of law in force, including the beneficiaries of the copyrights or of the related rights and industrial property rights, the Customer is obliged to fully cover the damage related to this infringement by the Service Provider.

In case the Service Provider is obliged - pursuant to the rules of law in force - to pay any damages or a fine (penalty) in relation to the claim of a third party or to infringement of the rules of the law in force mentioned in art. X par. 11 above, the Customer is obliged to immediately return to the Service Provider the equivalent of these damages, fine or penalty.

The Customer is obliged to immediately cover any losses or refund documented costs the Service Provider incurred in relation to publication of justified claims of and the the rules of law in force or to infringement of the rules of law in force mentioned above.

 

11. Disputes

Settlement of potential disputes arising between the Service Provider and the Consumer who is a Consumer shall be referred for determination to the competent court of law in accordance with the appropriate provisions of the Code of Civil Procedure.  

Settlement of potential disputes arising between the Service Provider and the Consumer who is not a Consumer shall be referred for determination to the competent court having territorial jurisdiction over the Service Provider’s registered office.

 

12. Transitional and Final Provisions

Lawful recognising individual provisions of these Regulations as invalid or ineffective does not have any influence on validity or effectiveness of the remaining provisions of these Regulations. The invalid provision shall be replaced with a rule which is closest to the aims of the invalid provision and the whole Regulations.

In cases not regulated by these Regulations, the provisions of abiding law of the Republic of Poland shall apply, especially of the Civil Code, provisions of act of 18 July 2002 on provision of services by electronic means (Journal of Laws of 2002 No. 144 item 1204 as amended) and act on Copyrights and Related Rights of 3 February 1994 (consolidated text of 17 May 2006 - Journal of Laws No. 90, item 631).

The Service Provider reserves the right to change these Regulations at any time. The changes to the Regulations shall be binding from the moment they are clearly indicated and published on the Store's web site. In case of the registered Customers, they shall be bound by the provision of the new Regulations, provided that they do not terminate the contract for providing services by electronic means within 30 days from being informed on the changes to the Regulations.

The current Regulations are published on the Store's web site and delivered free of charge to the Customer (by electronic means) upon request.

 

The Regulations shall enter into force on 25.12.2014.

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