ONLINE STORE TERMS AND CONDITIONS
WWW.CAPITAL-PRODUCTION.PL
§ 1
GENERAL PROVISIONS
1. The store www.capital-production.pl operates under the rules set out in these Terms and Conditions.
2. The Terms and Conditions define the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www.capital-production.pl, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
3. Each Service Recipient, upon taking actions aimed at using the Electronic Services of the Store www.capital-production.pl, is obliged to comply with the provisions of these Terms and Conditions.
4. In matters not regulated by these Terms and Conditions, the following provisions shall apply:
4.1. the Act on the provision of electronic services of 18 July 2002,
4.2. the Consumer Rights Act of 30 May 2014,
4.3. the Act on out-of-court resolution of consumer disputes of 23 September 2016,
4.4. the Civil Code Act of 23 April 1964,
4.5. and other applicable provisions of Polish law.
§ 2
DEFINITIONS INCLUDED IN THE TERMS AND CONDITIONS
1. TERMS AND CONDITIONS - these Terms and Conditions of the Store.
2. STORE - the Service Provider’s online store operating at www.capital-production.pl
3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Store.
4. REGISTRATION FORM – a form available on the website www.capital-production.pl enabling the creation of an Account.
5. ACCOUNT – a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password, in which the Service Recipient’s data are stored, including information on placed Orders.
6. ORDER FORM – a form available on the website www.capital-production.pl enabling the placement of an Order.
7. OPINION SYSTEM - an Electronic Service made available to Customers by the Service Provider, enabling the posting of opinions about Products.
8. COMPARISON TOOL - an Electronic Service available on the Service Provider’s website enabling Customers to compare Products presented in the Store, using tools available in the Store and information resources collected in the Store’s databases.
9. FAVOURITES - the “favourites” service enables Customers to follow Products selected by the Customer without having to search for them each time within the online Store and without having to add them to the Cart.
10. SEARCH ENGINE – an Electronic Service made available to Customers by the Service Provider, enabling them to search for specific Products based on content provided by the Customer.
11. CHAT - a free Electronic Service made available to Service Recipients by the Service Provider, enabling real-time conversations with the Service Provider.
12. SELLER, SERVICE PROVIDER – CAPITAL PRODUCTION SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered in the Register of Entrepreneurs by the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, 13TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under KRS number: 0000980391, place of business and address for service: Aleja Prymasa Tysiąclecia 83A/332, 01-242 Warsaw, Wola district, NIP: 5273009178, REGON: 522479599, share capital: PLN 2,200,000.00, e-mail address: Capitalproductionspzoo@gmail.com, telephone number: +48 452 550 428.
13. SERVICE RECIPIENT – a natural person, legal person or organisational unit without legal personality, to which the law grants legal capacity, using an Electronic Service.
14. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
15. CONSUMER – a natural person who performs a legal act with an entrepreneur that is not directly related to their business or professional activity.
16. ENTREPRENEUR - a natural person, a legal person and an organisational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity in their own name.
17. PRODUCT – a movable item or service available in the Store, being the subject of the Sales Agreement between the Customer and the Seller.
18. SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller via the Store.
19. ORDER - a declaration of intent of the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
20. PRICE – the value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.
§ 3
INFORMATION CONCERNING PRODUCTS AND THEIR ORDERING
1. The Store www.capital-production.pl sells Products via the Internet.
2. The Products offered in the Store comply with the agreement and have been legally introduced to the Polish market.
3. The information appearing on the Store’s websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product under the conditions stated in its description.
4. The Price of the Product shown on the Store’s website is given in Polish zloty (PLN) and includes all components, including VAT. The Price does not include delivery costs.
5. The Price of the Product shown on the Store’s website is binding at the time the Customer places the Order. This Price will not change regardless of changes in Prices in the Store that may appear in relation to individual Products after the Customer has placed the Order.
6. The Seller clearly informs Customers about unit Prices as well as promotions and reductions in Product Prices. Next to information about a Product reduction, the Seller displays the lowest Price of that Product that applied during the 30 days before the reduction was introduced, and if the Product is offered for sale for a period shorter than 30 days – the Seller displays the lowest Product Price that applied from the date the Product began to be offered for sale until the date the reduction was introduced.
7. Orders may be placed:
7.1. via the website using the Order Form (Store www.capital-production.pl) – 24 hours a day throughout the year,
7.2. by e-mail to: cptheseller@gmail.com
7.3. by telephone at: +48 538 522 865.
8. In order to place an Order, the Customer is not required to register an Account in the Store.
9. A condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept their provisions while placing the Order.
10. The Store processes Orders placed from Monday to Friday during the Store’s working hours, i.e. from 10:00 to 18:00 on business days. Orders placed on business days after 16:00, on Saturdays, Sundays and public holidays will be considered on the next business day.
11. Promotional (sale) Products have a limited number of units and Orders for them will be fulfilled in the order in which they are received until the stock of a given Product is exhausted.
§ 4
CONCLUSION OF THE SALES AGREEMENT
1. In order to conclude a Sales Agreement, the Customer must first place an Order using the methods made available by the Seller in accordance with § 3 points 7 and 9 of the Terms and Conditions.
2. After placing the Order, the Seller immediately confirms its receipt.
3. The confirmation of acceptance of the Order referred to in point 2 of this paragraph makes the Customer bound by their Order. Confirmation of receipt of the Order is made by sending an e-mail message.
4. The confirmation of receipt of the Order contains:
4.1. confirmation of all essential elements of the Order,
4.2. a withdrawal form,
4.3. these Terms and Conditions containing information on the right of withdrawal.
5. Upon the Customer’s receipt of the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
6. Each Sales Agreement will be confirmed by a proof of purchase (VAT invoice), which may be attached to the Product or sent to the Customer in electronic form to the e-mail address provided in the Order Form. In the case of Customers who are Entrepreneurs, VAT invoices are issued – in cases provided for by applicable tax law – in the form of structured invoices via the National e-Invoicing System (KSeF) and are deemed delivered in accordance with the law. A Customer who is an Entrepreneur is obliged to provide correct invoice details no later than at the time of placing the Order.
§ 5
PAYMENT METHODS
1. The Seller provides the following payment methods:
1.1. payment by traditional bank transfer to the Seller’s bank account,
1.2. payment via an electronic payment system (Przelewy24.pl),
1.3. payment upon receipt from the supplier, i.e. cash on delivery.
2. In the case of payment by traditional bank transfer, payment should be made to bank account number: 47 1020 1068 0000 1402 0392 3554 (Bank PKO Bank Polski S.A.) CAPITAL PRODUCTION SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Aleja Prymasa Tysiąclecia 83A/332, 01-242 Warsaw, NIP: 5273009178. The transfer title should state “Order no. …”.
3. In the case of payment via an electronic payment system, the Customer makes payment before the Order begins to be processed. The electronic payment system enables payment by credit card or quick transfer from selected Polish and foreign banks.
4. The payment card operator is PayPro S.A. Settlement Agent, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000347935, NIP: 7792369887, REGON: 301345068.
5. In the case of payment on delivery, the shipment is sent after verifying the correctness of the address details. The Customer is obliged to pay for the Order and collect the Product from the supplier.
6. The Customer is obliged to pay the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
7. If the payment methods described in points 1.1 and 1.2 of this paragraph are selected, the Product will be sent only after it has been paid for.
§ 6
COST, TIME AND METHODS OF PRODUCT DELIVERY
1. The delivery costs of the Product, which are borne by the Customer, are determined during the Order placement process and depend on the selected payment method and delivery method for the purchased Product.
2. The Product delivery time consists of the time needed to complete the Product and the time of Product delivery by the carrier:
2.1. the time for completing Products is from 1 to 2 business days from the moment of:
a) crediting the funds paid under the Sales Agreement to the Seller’s account,
b) or positive authorisation of the transaction by the electronic payment system,
c) or acceptance of the Order for processing by the Seller in the case of choosing cash on delivery,
2.2. delivery of Products constituting movable items by the carrier takes place within the time declared by the carrier, i.e. from 1 to 3 business days from the moment the shipment is dispatched (delivery takes place only on business days, excluding Saturdays, Sundays and public holidays).
3. Products purchased in the Store are sent via Poczta Polska, parcel lockers or a courier company.
4. The Customer may also collect Products purchased in the Store personally after prior e-mail or telephone contact.
§ 7
PRODUCT COMPLAINT
1. Complaint under the warranty.
1.1. All Products offered in the Store are covered by a warranty (manufacturer’s/seller’s) valid within the territory of the Republic of Poland,
1.2. the warranty period for Products is 12 months and is counted from the date of delivery of the Product to the Customer,
1.3. the document entitling to warranty protection is a warranty card or proof of purchase,
1.4. the guarantor’s details, detailed information on goods covered by the warranty, information on the duration and conditions of the warranty, as well as the Customer’s rights under the warranty, are included in the warranty card attached to the Product or made available on the Store’s website,
1.5. the warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of the Terms and Conditions arising from the non-conformity of the Product with the Sales Agreement as specified in the Consumer Rights Act, which are vested in the Consumer and the entity referred to in § 10 by operation of law.
2. Complaint due to non-conformity of the Product with the agreement.
2.1. The basis and scope of the Seller’s liability towards the Customer who is a Consumer or the entity referred to in § 10 of the Terms and Conditions for non-conformity of the Product with the agreement are defined in the Consumer Rights Act of 30 May 2014,
2.2. the basis and scope of the Seller’s liability towards a Customer who is an Entrepreneur referred to in § 9 under statutory warranty are defined in the Civil Code Act of 23 April 1964,
2.3. the Seller is liable towards the Customer who is a Consumer or the entity referred to in § 10 of the Terms and Conditions for non-conformity of the Product with the agreement existing at the time of delivery of the Product and disclosed within 2 years from that moment, unless the Product’s useful life specified by the Seller or persons acting on its behalf is longer,
2.4. notification of non-conformity of the Product with the agreement and submission of an appropriate request may be made by e-mail to: cptheseller@gmail.com or in writing to the address: ul. Wolska 84/86, (warehouse W-8), 01-141 Warsaw,
2.5. in the above written or electronic message, as much information and circumstances as possible concerning the subject of the complaint should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller,
2.6. in order to assess the irregularity and non-conformity of the Product with the agreement, the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at its own cost,
2.7. the Seller will respond to the Customer’s request immediately, no later than within 14 days from the moment of its receipt,
2.8. in the case of a complaint by a Customer who is a Consumer or the entity referred to in § 10 of the Terms and Conditions – failure to consider the complaint within 14 days from its submission is equivalent to accepting it,
2.9. the Customer who is a Consumer or the entity referred to in § 10 may first demand replacement or repair of the Product by the Seller. The Customer may demand a price reduction or withdraw from the agreement only in the cases indicated in the Consumer Rights Act of 30 May 2014 (including when the non-conformity of the goods with the agreement is significant, when the Seller has refused to bring the goods into conformity with the agreement, or when the non-conformity of the goods with the agreement persists despite the Seller having already attempted to bring the goods into conformity with the agreement),
2.10. in connection with a justified complaint by the Customer who is a Consumer or the entity referred to in § 10 of the Terms and Conditions, the Seller shall respectively:
a) cover the costs of repair or replacement and re-delivery of the Product to the Customer,
b) reduce the Price of the Product (the reduced Price must remain in proportion to the Price of goods conforming to the agreement versus goods not conforming to the agreement) and return to the Consumer or the entity referred to in § 10 the value of the reduced Price no later than within 14 days of receiving the statement on the Price reduction from the Consumer or the entity referred to in § 10,
c) in the case of withdrawal from the agreement by the Consumer or the entity referred to in § 10 – the Seller shall return the Product Price no later than within 14 days from the date of receiving the returned goods or proof of their dispatch. In the event of withdrawal from the agreement, the Consumer or the entity referred to in § 10 is obliged to immediately return the goods to the Seller at the Seller’s cost,
2.11. the response to the complaint is provided on paper or another durable medium, e.g. an e-mail message or SMS.
§ 8
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
1. Subject to point 10 of this paragraph, a Customer who is simultaneously a Consumer or the entity referred to in § 10 of the Terms and Conditions, who has concluded a distance agreement, may withdraw from it without giving reasons by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement of withdrawal made available by the Store.
2. In the event of withdrawal from the agreement, the Sales Agreement is deemed not to have been concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the agreement, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to send the Product back before the deadline expires.
3. In the event of withdrawal from the Sales Agreement, the Product should be returned to the address: ul. Wolska 84/86 (warehouse W-8), 01-141 Warsaw.
4. The Consumer or the entity referred to in § 10 of the Terms and Conditions is liable for any decrease in the value of the Product resulting from using it in a manner exceeding what is necessary to establish the nature, characteristics and functioning of the Product, unless the Seller did not inform the Consumer or the entity referred to in § 10 about the manner and deadline for exercising the right of withdrawal from the agreement, and did not provide them with a template withdrawal form. In order to establish the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and check the Products only in the same way as they could do in a stationary store.
5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the cost of its delivery using the same payment method used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions expressly agreed to another refund method that does not involve any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and no later than within 14 days from the moment the Seller receives the statement of withdrawal from the Sales Agreement.
6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions selected a delivery method for the Product other than the cheapest ordinary delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by them.
7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Terms and Conditions, it may withhold the refund of payments received from the Consumer until the goods are received back or until the Consumer or the entity referred to in § 10 of the Terms and Conditions provides proof of sending them back, depending on which event occurs earlier.
8. The Consumer or the entity referred to in § 10 of the Terms and Conditions who withdraws from the Sales Agreement in accordance with point 1 of this paragraph bears only the costs of sending the Product back to the Seller.
9. The fourteen-day period during which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the agreement is counted:
9.1. for an agreement under which the Seller delivers the Product and is obliged to transfer its ownership - from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party indicated by them, other than the carrier) took possession of the Product,
9.2. for an agreement that covers many Products delivered separately, in batches or in parts - from taking possession of the last Product, its batch or part,
9.3. for an agreement involving regular delivery of a Product for a specified period - from taking possession of the first of the Products,
9.4. for other agreements - from the date of conclusion of the agreement.
10. The right of withdrawal from a distance agreement does not apply to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Agreement:
10.1 in which the subject of the performance is a non-prefabricated product manufactured according to the consumer’s specifications or intended to satisfy their individual needs,
10.2 in which the subject of the performance is a product delivered in sealed packaging which cannot be returned after opening the packaging due to health protection or for hygiene reasons, if the packaging was opened after delivery,
10.3 in which the subject of the performance is goods which, after delivery, due to their nature, are inseparably connected with other items,
10.4 for the provision of services for which the Consumer is obliged to pay a price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the service began that after the entrepreneur’s performance they would lose the right of withdrawal from the agreement and acknowledged this,
10.5 in which the subject of the performance is a product that spoils quickly or has a short shelf life.
11. The right to withdraw from the Sales Agreement is vested in both the Seller and the Customer in the event of failure by the other party to perform its obligation within a strictly specified deadline.
§ 9
PROVISIONS CONCERNING ENTREPRENEURS (B2B)
1. This paragraph contains provisions concerning only entrepreneurs not covered by the protection arising from the Consumer Rights Act referred to in § 10 of the Terms and Conditions.
2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 business days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
3. The Seller has the right to limit, in relation to Customers who are not Consumers, the payment methods made available by it, including requiring prepayment of part or all of the sale price, regardless of the payment method selected by the Customer and the fact of concluding the Sales Agreement.
4. The benefits and burdens related to the Product and the risk of accidental loss or damage to the Product pass to the Customer who is not a Consumer when the Seller hands the Product over to the carrier. In such a case, the Seller is not liable for the loss, shortage or damage to the Product occurring from the moment the Product is accepted for transport until it is delivered to the Customer, nor for delays in the transport of the shipment.
5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the shipment at the time and in the manner accepted for shipments of this type. If they find that a shortage or damage to the Product occurred during transport, they are obliged to perform all actions necessary to determine the carrier’s liability.
6. The Service Provider may terminate an agreement for the provision of an Electronic Service with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a termination statement.
§ 10
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
1. An entrepreneur conducting sole proprietorship business activity (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Consumer Rights Act provided that the agreement concluded with the Seller is directly related to their business activity, but the content of this agreement shows that it is not of a professional nature for them, arising in particular from the subject of the business activity they conduct.
2. A person conducting business activity referred to in point 1 of this paragraph is covered by protection only within the scope of:
2.1. prohibited contractual provisions,
2.2. liability for non-conformity of the Product with the agreement,
2.3. the right of withdrawal from a distance agreement,
2.4. rules concerning an agreement for the supply of digital content or a digital service.
3. The entrepreneur referred to in point 1 of this paragraph loses rights under consumer protection if the Sales Agreement concluded with the Seller has a professional nature, which is verified on the basis of the entry of that entrepreneur in the Central Register and Information on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activity indicated there.
4. The entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided for Consumers by district consumer rights ombudsmen or the President of UOKiK.
§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables the use of Electronic Services through the Store, such as:
1.1. concluding Product Sales Agreements,
1.2. maintaining an Account in the Store,
1.3. Opinion System,
1.4. using the “favourites” function,
1.5. search engine,
1.6. chat,
1.7. comparison tool.
2. The provision of Electronic Services to Service Recipients in the Store takes place under the conditions specified in the Terms and Conditions.
3. The Service Provider has the right to place advertising content on the Store’s website. This content forms an integral part of the Store and the materials presented in it.
§ 12
CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The provision of Electronic Services specified in § 11 point 1 of the Terms and Conditions by the Service Provider is free of charge.
2. The period for which the agreement is concluded:
2.1. an agreement for the provision of an Electronic Service consisting in enabling the placement of an Order in the Store is concluded for a fixed term and is terminated when the Order is placed or when the Service Recipient stops placing it,
2.2. an agreement for the provision of an Electronic Service consisting in maintaining an Account in the Store is concluded for an indefinite period. The agreement is concluded when the Service Recipient sends a completed Registration Form,
2.3. an agreement for the provision of an Electronic Service consisting in using the Opinion System is concluded for a fixed term and is terminated when an opinion is posted or when the Service Recipient stops using this Service,
2.4. an agreement for the provision of an Electronic Service consisting in adding Products to “Favourites” is concluded for a fixed term and is terminated when the Service Recipient stops using the Service,
2.5. an agreement for the provision of an Electronic Service consisting in using the Search Engine is concluded for a fixed term and is terminated when the Service Recipient stops using this Service,
2.6. an agreement for the provision of an Electronic Service consisting in using the Chat is concluded for a fixed term and is terminated when a message is sent or when the Service Recipient stops sending it,
2.7. an agreement for the provision of an Electronic Service consisting in using the Comparison Tool is concluded for a fixed term and is terminated when the Service Recipient stops using this Service.
3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
3.1. a computer (or mobile device) with Internet access,
3.2. access to e-mail,
3.3. web browser,
3.4. enabling Cookies and Javascript in the web browser.
4. The Service Recipient is obliged to use the Store in a manner compliant with the law and good customs, taking into account respect for personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to enter data consistent with the actual state.
6. The Service Recipient is prohibited from providing unlawful content.
§ 13
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
1. Complaints related to the provision of Electronic Services through the Store may be submitted by the Service Recipient by e-mail to: cptheseller@gmail.com
2. In the above e-mail message, as much information and circumstances as possible concerning the subject of the complaint should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the consideration of the complaint by the Service Provider.
3. The Service Provider considers the complaint immediately, no later than within 14 days from the moment of its submission.
4. The Service Provider’s response to the complaint is sent to the Service Recipient’s e-mail address provided in the complaint submission or in another manner indicated by the Service Recipient.
§ 14
CONDITIONS FOR TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Termination of an agreement for the provision of an Electronic Service:
1.1. an agreement for the provision of an Electronic Service of a continuous and indefinite nature (maintaining an Account) may be terminated,
1.2. the Service Recipient may terminate the agreement with immediate effect and without indicating reasons by sending an appropriate statement by e-mail to: cptheseller@gmail.com or by deleting the Account,
1.3. the Service Provider may terminate an agreement for the provision of an Electronic Service of a continuous and indefinite nature if the Service Recipient violates the Terms and Conditions, in particular when they provide unlawful content after an ineffective prior request to cease the violations with an appropriate deadline. In such a case, the agreement expires after 7 days from the date of submitting the declaration of intent to terminate it (notice period),
1.4. termination leads to the cessation of the legal relationship with effect for the future.
2. The Service Provider and the Service Recipient may terminate an agreement for the provision of an Electronic Service at any time by mutual agreement of the parties.
§ 15
INTELLECTUAL PROPERTY
1. All content posted on the website at www.capital-production.pl is protected by copyright and (subject to § 15 point 3 and elements posted by Service Recipients, used on the basis of a licence, transfer of economic copyrights or permitted use) is the property of CAPITAL PRODUCTION SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered in the Register of Entrepreneurs by the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, 13TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under KRS number: 0000980391, place of business and address for service: Aleja Prymasa Tysiąclecia 83A/332, 01-242 Warsaw, Wola district, NIP: 5273009178, REGON: 522479599. The Service Recipient bears full liability for damage caused to the Service Provider resulting from the use of any content of the website www.capital-production.pl without the Service Provider’s consent.
2. Any use by anyone, without the express written consent of the Service Provider, of any element constituting the content and contents of the website www.capital-production.pl constitutes an infringement of the copyright vested in the Service Provider and results in civil and criminal liability.
3. All trade names, Product names, company names and their logos used on the Store’s website at www.capital-production.pl belong to their owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store’s website at www.capital-production.pl are used for informational purposes.
§ 16
LIABILITY
1. The Service Provider designates a contact point within the meaning of the Digital Services Act (DSA) at its registered office and at the e-mail address referred to in § 2 of these Terms and Conditions.
2. It is prohibited to post unlawful content via the Store (through comments, opinions, etc.), as well as content:
a. unrelated to the subject matter of the Store,
b. unjustifiably damaging the good name of the Service Provider,
c. containing words commonly regarded as vulgar,
d. promoting activities competitive with the Service Provider.
3. In the case of publication of content referred to in point 2, the Service Provider has the possibility to moderate it (refusal to publish content, demotion of content, removal of content, disabling access to content, limitation or disabling of content monetisation, suspension or closure of the user’s account, suspension or termination of the provision of the service to the user).
4. In the case of automatic moderation of content published by Service Recipients via an algorithm, Service Recipients do not lose the right to appeal against the Service Provider’s decision. Appeals may be submitted via the e-mail address: cptheseller@gmail.com. When appealing, the factual circumstances should be briefly described and the reasons for the appeal should be justified. The Service Provider will consider the appeal in the manner indicated by the provisions of the Digital Services Act within 14 days.
5. A Service Recipient who finds a violation of the rules described in this paragraph may report prohibited content published in the Store via the e-mail address: cptheseller@gmail.com.
6. The report referred to in point 5 must contain the following elements:
a. a sufficiently substantiated explanation of the reasons why the Service Recipient alleges that the relevant information constitutes illegal content;
b. a clear indication by the Service Recipient of the exact electronic location of the information, such as the exact URL address or exact URL addresses and, where applicable, additional information enabling the identification of illegal content, according to the type of content and the specific type of hosting service;
c. the name and surname or name and e-mail address of the Service Recipient making the report, except for a report concerning information considered to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU;
d. a statement confirming the good-faith belief of the Service Recipient making the report that the information and allegations contained therein are correct and complete.
7. The Service Provider will confirm receipt of the report referred to in point 5 of this paragraph and inform about its positive or negative consideration without undue delay.
8. If the report referred to in point 5 is considered justified, the Service Provider will, where possible, inform the Service Recipient responsible for the violation about the fact of moderation of the content published by them, together with the required justification.
9. If the Service Provider obtains any information giving grounds to suspect that an offence threatening the life or safety of a person or persons has been committed, is being committed or may be committed, it immediately informs law enforcement authorities or judicial authorities of its suspicion, together with justification of its suspicions and transmission of information known to it.
10. The Service Provider informs Service Recipients about significant changes to the Terms and Conditions.
11. Service Recipients bear full liability for breaking the law or causing damage through their actions in the Store, in particular by providing false data, disclosing confidential information or other secrets protected by law, infringing personal rights or copyrights and related rights, as well as processing personal data of Service Recipients inconsistently with the purposes of the Store or in violation of the provisions of the Personal Data Protection Act.
12. The Service Provider undertakes, where possible, to inform Service Recipients in advance of possible disruptions in the functioning of the Store, in particular interruptions in access.
13. The Service Provider makes every effort to ensure the proper functioning of the Store in formal and legal terms.
14. The Service Provider will take into account all changes in legal provisions and update the Store in accordance with these changes.
15. The Store system will be updated by the Service Provider without charging Service Recipients additional costs.
16. The Service Provider takes all measures to protect the data of Service Recipients.
17. The Service Provider is not liable towards Service Recipients who are Entrepreneurs:
a) for any direct or indirect damages and losses (including damages for loss of profits from running an enterprise, interruptions in the operation of the enterprise or loss of business information and other damages of a property nature) arising due to the use, inability to use or malfunctioning of the Store software, damages resulting from shutdown or failure of the ICT system, power network failure,
b) in connection with improper use of the Store by a Service Recipient who is not a Consumer and incorrect functioning of computer hardware, computer software or the communication system by means of which the Service Recipient connects to the Store system,
c) for any damages resulting from errors, failures and interruptions in the functioning of the Store or caused by incorrect recording or reading of data downloaded by Service Recipients,
d) for disruptions in the proper functioning of the Store, as well as loss of data of Service Recipients who are not Consumers resulting from force majeure or actions of third parties,
e) for actions of third parties consisting in the use of data and materials placed in the Store in a manner inconsistent with generally applicable law or the Terms and Conditions,
f) for the inability to log in to the Store system caused in particular by: connection quality, failure of the ICT system or power network, incorrect configuration of software of Service Recipients who are not Consumers,
g) for effects related to loss of the password.
18. The Service Recipient is liable for providing an e-mail address to which they do not have access, in particular an incorrect address or an address belonging to another entity.
§ 17
FINAL PROVISIONS
1. Agreements concluded through the Store are concluded in accordance with Polish law.
2. If any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions.
3. Any disputes arising from Sales Agreements between the Store and Customers will be resolved first through negotiations, with the intention of amicably ending the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this is not possible or is unsatisfactory for any of the parties, disputes will be resolved by the competent common court in accordance with point 4 of this paragraph.
4. Judicial settlement of disputes:
4.1. any disputes arising between the Service Provider and the Service Recipient (Customer) who is simultaneously a Consumer or the entity referred to in § 10 of the Terms and Conditions shall be submitted to the courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure of 17 November 1964,
4.2. any disputes arising between the Service Provider and the Service Recipient (Customer) who is not simultaneously a Consumer, referred to in § 9 of the Terms and Conditions, shall be submitted to the court having jurisdiction over the registered office of the Service Provider.
5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure has ended, an application to initiate mediation or an application for the case to be considered by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at Voivodeship Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use free assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the complaint procedure has ended is free of charge.
6. A Customer who is a Consumer has the possibility to use European ADR institutions dealing with out-of-court dispute resolution. Such a possibility is provided, among others, by: https://adrcenter.com/solve/. More information on out-of-court dispute resolution can be found by the Customer on the website: https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/index_pl.htm.