§ 1.
GENERAL PROVISIONS
- The online store https://traptech.pl/ is operated by TrapTech sp. z o.o., ul. Eugeniusza Kwiatkowskiego 9, 37-450 Stalowa Wola, KRS 0000880211, NIP 8652575699, REGON 387993550, hereinafter referred to as “Seller”.
- Definitions:
- Proof of purchase – fiscal receipt, VAT invoice or other proof of purchase of the Goods,
- Registration form – a form available in the Online Store, which allows you to set up an Account, filled out when placing the first Order
- Order form – a form available in the Online Store, allowing you to place an Order,
- Account – a set of resources in the Seller’s ICT system, marked with an individual login and password, in which the Buyer’s data are collected, including information about placed Orders,
- Buyer – a natural person, a legal entity or an organizational unit without a legal entity, which performs for its business or professional activities related to the purchase of products or services offered by the Store,
- Rules and Regulations – these rules and regulations of the Online Store referred to in Art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2017, item 1219),
- Sales contract – a contract within the meaning of the Civil Code (Journal of Laws of 2017, item 459) concluded through the Online Store in the Polish language, the subject of which are Products offered by the Seller,
- Product – software licenses available in the Online Store,
- Order – the Buyer’s statement of intent, constituting an offer to conclude a Product Sales Agreement with the Seller.
- Services provided electronically by the Seller consist of:
- Enabling an Account in the Online Store,
- Enabling the conclusion of a Sales Agreement,
- The condition for the Buyer to use the services of the Online Store https://traptech.pl/, provided electronically, is an Internet connection with a speed of min. 256 kbps, having an active electronic mail address (e-mail), Java Script and Cookies enabled, and using hardware that meets the standards of the Minimum Hardware Requirements, i.e. having a web browser Internet Explorer version no older than 8.0 or Mozilla Firefox version no older than 3.0 or Chrome (all versions) or Opera version no older than 2 and Java Script enabled.
- Advertisements, Seller’s advertisements, price lists and other information about the Products, provided on the web pages of the Online Store, in particular their descriptions, technical and usage parameters and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code of April 23, 1964. (Journal of Laws of 2017, item 459).
- The provisions of these Regulations are not intended to exclude or limit the rights of the Buyer who is also a Consumer within the meaning of the Act of April 23, 1964 – Civil Code (Journal of Laws of 2017, item 459). In the event of any inconsistency between the provisions of these Rules and Regulations and the aforementioned regulations, these regulations shall prevail.
- The Seller reserves the right to impose restrictions on the use of the Online Store due to its technical service.
- The buyer gains access to the license for the period specified in the product card.
§ 2.
TERMS AND CONDITIONS OF THE ACCOUNT SERVICE
- The Buyer gains access to the Account through a login and password, having previously completed the appropriate form for creating an Account when placing the first Order.
- The contract for maintaining an Account in the Online Store is concluded for an indefinite period of time and does not entail any financial obligations for the Buyer. The Agreement may be terminated at any time by deleting the Account in the Online Store or by sending information about the cancellation by the Buyer to the e-mail address of the Seller: office@traptech.pl.
§ 3.
TERMS AND CONDITIONS FOR PLACING AND EXECUTING AN ORDER
- As a condition for placing an Order in the Online Store, the Buyer is required to read and accept these Regulations.
- The Buyer is obliged to use the Online Store in a manner consistent with applicable law, rules of social coexistence and good morals, taking into account respect for personal property and intellectual property rights of third parties.
- The online store conducts sales in the Republic of Poland and abroad.
- Orders can be placed 7 days a week, 24 hours a day, exclusively through the website https://traptech.pl/.
- Confirmation of the placement and acceptance for execution of the Order will be sent to the Buyer by the Seller in the form of an e-mail message.
- The buyer can choose one of the following payment methods:
- payment by ordinary transfer,
- Internet payment via PayU payment system
- The Buyer is informed of the total amount of the Order, including shipping costs, each time before finalizing the Order
- The contract of sale shall be considered concluded upon receipt by the Buyer of the e-mail message referred to in item. 5 of this paragraph.
- Once the Order has been properly placed and paid for, the Buyer receives access to the purchased Product via e-mail
§ 4.
WITHDRAWAL
- Due to the nature of the Products, which are digital content that is not stored on a tangible medium, as defined by the Law of May 30, 2014. on consumer rights (Journal of Laws of 2014, item 827), the Buyer is not entitled to return the Product and withdraw from the Sales Agreement after the purchase of the Product, in case:
- The Buyer has agreed in the course of placing the Order to begin performance before the expiration of the deadline for withdrawal from the Sales Agreement (14 days), and
- The buyer was informed of the loss of the possibility to withdraw from the Sales Agreement.
- If the conditions of §4 item. 1.1 and §4 item 1.2 the consumer is entitled to return the goods within 30 days of purchase.
§ 5.
ADVERTISEMENT
- Complaints about the operation of the Online Store should be sent via e-mail by sending an appropriate message to the e-mail address office@traptech.pl
- The complaint should include:
- Buyer’s name, email address,
- the subject of the complaint, indicating the Buyer’s request,
- A description of the defect and the date it occurred.
- The seller is obliged to respond to the complaint within 14 days. In the absence of a response from the Seller within the period mentioned in the preceding sentence, the complaint is considered justified.
- The seller is not responsible if the product is misused.
§ 6.
PERSONAL DATA PROTECTION
- The Seller is the Administrator of the Buyer’s Personal Data, and the basis for the processing of personal data is the implementation of the concluded Agreement or taking action at the request of the Buyer before concluding the Agreement. Details of the processing of personal data can be found in the Privacy Policy.
§ 7.
COPYRIGHT PROTECTION
- All Products and content on the website of the Online Store https://traptech.pl/ are the property of the Seller or have been used by the Seller with the permission of third parties who hold copyrights to them.
- It is forbidden to copy and download photos and other graphic materials and descriptions posted on the website of the Online Store https://traptech.pl/, as well as to make the above-mentioned content available on the Internet and use it for marketing or commercial purposes without the written consent of the Seller or any other third party holding copyrights to it.
- The use of the aforementioned materials without the consent referred to in paragraph 2 is illegal and may constitute grounds for civil and criminal proceedings against the perpetrators.
- Products offered in the Online Store are a work within the meaning of intellectual property law, in particular the Act of February 4, 1994. On Copyright and Related Rights [Journal of Laws of 2018, item 1191, as amended].
- The Buyer shall be obliged not to transfer the Products purchased by him through the Store to third parties, and to ensure that such persons do not have access to the Products purchased by him in a manner that allows their reproduction, paid or unpaid distribution, or use in any other manner inconsistent with the scope of the rights granted to the Buyer under the Buyer’s license referred to in the following sections of this paragraph.
- The Buyer is entitled to use the Products only for his own use.
- The buyer is not entitled to:
- Distribution or marketing of downloaded Products within the meaning of Art. 50 of the Law on Copyright and Related Rights, neither in whole nor in parts,
- Interfering with the content of the Products,
- publication, distribution, reproduction of Products,
- removal of owner’s markings and technical security features of the Products,
- Rental of the Product,
- any commercial use of the Product.
- If the Seller becomes aware of the violations referred to in the above sections, the Seller shall summon the Buyer to remedy the violations at the Buyer’s expense. If the Buyer fails to comply with the Seller’s summons within 10 days of the Buyer’s receipt of the summons, the Seller may file claims against the Buyer for infringement of the Buyer’s license or other rights to the Product.
§ 8.
FINAL PROVISIONS
- Regulations are effective as of January 1, 2023
- Any disputes between the Parties shall be resolved amicably or in the presence of an independent and impartial mediator. In addition, the consumer can use out-of-court means of handling complaints and claims. Wanting to take advantage of the possibility of amicable resolution of online shopping disputes, the Consumer can also file his complaint through the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
- If it is not possible to resolve the dispute amicably, including through mediation, the jurisdiction of the Court will be determined according to the laws generally applicable in the Republic of Poland.
- In matters not regulated by these Regulations, the relevant provisions of Polish law, in particular the Act of April 23, 1964 – Civil Code (Journal of Laws of 2017, item 459) and the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2017, item 683) will apply.