Regulamin sklepu

Terms of service of the online store

§ 1

Preliminary provisions

1 GetRich online store is available at https://shop.getrich.pl, run by reImagineSoft Sp. z o. o. with headquarters at 02‑777 Warszawa, Kulczyńskiego 4/20 entered into the National Court Register (KRS) by District Court in/for Warsaw, VIII Commercial Department KRS with number KRS 0000565852, with share capital of 5000 PLN, Tax ID NIP 9512395101, REGON 361976224.

2. These terms of service are for Consumers as well as Entrepreneurs using the shop and specify the terms of using the online store and rules and mode of concluding purchasing agreements with the remote Customer through the Shop.

§ 2

Definitions

1. Consumer – a natural person concluding an agreement with the Seller within the shop when the subject matter of the shop is not related directly to their business or occupational activity. 2. Seller – reImagineSoft Sp. z o. o. with headquarters in Warsaw at ul. Kulczyńskiego 4/20, ZIP code 02-777, entered into the National Court Register (KRS) by District Court in/for Warsaw, VIII Commercial Department KRS with number KRS 0000565852, with share capital of 5000 PLN, Tax ID NIP 9512395101, REGON 361976224.

3. Customer – any person making a purchase via the Shop.

4. Entrepreneur – a natural person, legal person or an organization unit which is not a legal person that is authorized by a separate bill to attain legal personality, running business activity on their own behalf that uses the Shop.

5. Shop – an online store run by the Seller at website https://shop.getrich.pl

6. Remote agreement – an agreement concluded with the Customer within an organized system for concluding remote agreements (via the Shop), without simultaneous physical presence of the parties but only by using one or more means of remote communication to the moment of concluding the contract inclusively.

7. Terms of service – these terms of service of the Shop.

8. Order – a statement of the Customer’s will be made via the Order Form and leading directly to conclude Product or Products Purchase Agreement with the Seller.

9. Account – a customer account in the Shop where data provided by the Customer and information on their placed Orders in the Shop are gathered.

10. Registration form – a form available in the Shop that enables to create an Account.

11. Order form – an interactive form available in the Shop for placing an Order especially adding products to the Cart and specifying the terms of Sales Agreement including the delivery and payment methods.

12. Cart – an element of Shop software where the Products chosen by the customer for purchase are visible, there is also a possibility to specify and modify the data of the Order, especially the number of products.

13. Product – a movable item/service available in the Shop that is the subject matter of the Sales Agreement between the Customer and the Seller.

14. Sales Agreement – a sales agreement of a Product being concluded or concluded between Customer and Seller via the online shop. By Sales Agreement there may also be understood – according to the Product characteristics – an agreement for providing services and task-specified contract.

§ 3

Contact with the Shop

1. Seller’s address: Kulczyńskiego 4/20, 02-777 Warsaw

2. Seller’s email address: [email protected]

3. Seller’s phone number: 48 22 121 68 15

4. Seller’s bank account number 77 1950 0001 2006 1606 3860 0003

5. Customer may communicate with the Seller via addresses and phone numbers provided in this paragraph.

6. Customer may communicate on the phone with the Seller between 12 noon - 4 p.m.

§ 4

Technical requirements

To use the Shop, including browsing through the shop stock and placing orders for Products, the necessary tools are:

a. a terminal device with Internet access and an Internet browser such as Chrome, Edge, Internet Explorer, Safari, Opera,

b. an active email account,

c. active cookies,

§ 5

General information

1. Seller in the broadest extent permitted by law does not bear responsibility for disturbances and breaks in functioning of the Shop caused by higher power, unauthorized actions of third parties or incompatibility of the online Shop with Customer’s technical infrastructure.

2. Browsing through the stock of the shop does not require setting up an Account. Placing orders by the Customer for Products belonging to the Shop stock is possible only after setting up an Account according to § 6 of the Terms of Service or by providing necessary personal and address data so that the Order may be completed without setting up an Account.

3. Prices in the Shop are provided in Polish zloty (PLN) and they are gross prices (VAT included).

4. The final (last) amount to pay by the Customer includes the price for the Product and delivery costs (including transport fare, delivery and postal services) of which the Customer is informed on the Shop website while placing the Order including the moment of expressing will to conclude the Sales Agreement.

5. In case the Agreement covers subscription or providing services for an unlimited time, the final (last) price is the total price that covers all payments for the billing period.

6. If the nature of the subject of the Contract does not allow, judging reasonably, to calculate earlier the amount of final (last) price, information on the method of calculation, as well as payments for transport, delivery, postal services and other costs will be provided in the Shop in Product description.

§ 6

Setting up an Account in the Shop

1. To set up an Account in the Shop the Registration Form must be filled up. It is necessary to provide the following data: first name, surname, address, email, phone number.

2. Setting up an Account in the Shop is free of charge.

3. Logging onto the Account is possible after providing the login and password set in the Registration Form.

4. Customer has a possibility at any time, without giving a reason and without any fees for that matter, to delete their Account by sending an appropriate request to the Seller, especially via email or in writing to an address provided in § 3.

§ 7

Rules of placing an Order

To place an Order the user must:

1. log into the Shop (optionally);

2. choose a Product which is to be ordered and then click „To cart” button (or equivalent);

3. log in or use the option to place an Order without registration;

4. if the option of placing an Order without registration was chosen, fill in Order Form providing data of the Order recipient and the address that the Product is to be delivered to, choose a delivery method (how the product will be delivered), fill in data for an invoice if they differ from those of the recipient of the Order,

5. click „Order and pay” button/click „Order and pay” and confirm the order by clicking on the link sent in an email,

6. choose one of the available payment methods and depending on which method was chosen, pay for the order within the specified time subject to § 8 point 3.

§ 8

Offered methods of delivery and payment

1. Customer may choose among the following methods of delivery and receiving the ordered Product:

a. By post, parcel labeled cash on delivery,

b. By courier, parcel labeled cash on delivery,

2. Customer may choose one of the following payments:

a. Payment on delivery

c. Payment via Money transfer to Seller’s bank account

d. Electronic payment

e. Payment by credit card. Visa , Visa Electron, MasterCard, MasterCard Electronic, Maestro

f. Payment ePrzelew - Płacę z inteligo (inteligo), mTransfer (mBank), MultiTransfer (MultiBank), Płać z Nordea (Nordea), Przelew24 (Bank Zachodni WBK), Przelew z BPH (Bank BPH), Płacę z iPKO (PKO BP), Pekao24Przelew (Bank Pekao), Płacę z PeoPay (Bank Pekao), Płacę z Citi Handlowy (CitiBankHandlowy), PayWay Toyota Bank (Toyota Bank), MeritumBankPrzelew (Meritum Bank), Płać z BOŚ (Bank OchronyŚrodowiska), Płacę z AliorBankiem (Alior Bank), Płacę z Alior Sync (Alior Bank), Millennium - PłatnościInternetowe (Bank Millennium), Płać z ING (ING Bank Śląski), Credit Agricole Bank Polska S.A., Eurobank płatność online (Euro Bank S.A.), db Transfer (Deutsche Bank Polska S.A.), iKO(PKO BP), Płać z Plus-Bank (Plus Bank S.A), Przelew Volkswagen Bank direct (Volkswagen Bank Polska S.A), Płacę z Idea Bank (Idea Bank S.A)

g. Payments made by credit card and online transfer operated by eCard S.A

eCard

3. Detailed information on delivery payments and accepted payment methods can be found on the Shop website.

§ 9

Execution of the sales agreement

1. Concluding a sales agreement takes place after placing an Order by Customer via Order From in the online shop according to § 7 of the Terms of Service.

2. After the Order is placed, the Seller immediately confirms receiving it and accepts it for fulfillment. Receiving the Order and its acceptance for fulfillment is confirmed by sending an appropriate email message to the Customer to the address provided while placing the Order. The message includes at least a confirmation by the Seller that the Order has been received and its acceptance for fulfillment and a confirmation that the Sales Agreement has been concluded. Upon receiving such an email message by Customer, the Sales Agreement is concluded between Customer and Seller.

3. In case an electronic product, which is not software, is purchased Customer will receive the information in an email how the purchased product may be downloaded.

4. In case software is purchased in an electronic form Customer will receive on their email address the information where they can download the set up program from and the serial number that enables to activate the program.

a. To use the purchased software it will be necessary to accept the license agreement during installation or first run of the application.

5. In case Customer chooses:

a. payment by transfer, electronic payment or payment by credit card, Customer is obliged to make the payment within 7 calendar days since the day of concluding the Sales Contract – otherwise the purchase will be cancelled.

b. payment on delivery - Customer is obliged to make the payment upon delivery of the parcel.

c. payment in cash upon collecting the parcel personally - Customer is obliged to make a payment upon collecting the parcel within 7 days after receiving the information that the parcel is ready to be collected.

6. If Customer chose a different method of delivery than personal collection, the Product will be sent by Seller within the period specified in its description (subject to item 5 of this paragraph) in a way chosen by Customer while placing the Order.

7. A In cases there are ordered Products with different delivery dates the assumed delivery date will be the later given date.

B In case there are ordered Products with different delivery dates Customer has the possibility to demand delivery of Products in parts or deliver all Products after completing the whole order.

8. The delivery period is counted in the following way:

a. In case Customer chose money transfer, electronic payments or by credit card – since the day the payment is received on Seller’s bank account.

b. In case Customer chose payment on delivery – since the day of concluding the Sales Agreement,

9. In case there are ordered Products with different delivery dates, the date when the product is ready to be collected is the later given date.

10. Product delivery takes place in Poland only.

§ 10

Right to withdraw from the agreement

1. Consumer may withdraw from the Sales Agreement within 14 days without providing any reason.

2. The date specified in item 1 starts with delivering the Product to the Consumer or to the person appointed by them different than the carrier.

3. In case of Agreement that covers many Products, which are delivered separately, in batches or parts the date specified in item 1 is counted since the date of delivery of the last item, batch or part.

4. In case of Agreement that concerns regular delivery of Products over specified time (subscription) the period specified in item 1 is counted since the day of taking the first item in possession.

5. Consumer may withdraw from the Agreement by submitting a statement of withdrawing from the Agreement in writing. To keep the date of withdrawal from the Agreement it is enough for Consumer to send a statement before the end of this period.

6. The statement may be sent by traditional post, by fax or email message to the address of Seller or by Seller’s website – Seller’s contact data were specified in § 3. The statement may be submitted also in a form – its example is attachment no.1 to these Terms of Service and attachment to Act dated 30 May 2014 on consumer rights but it is not mandatory.

7. In case Consumer sends the statement electronically, Seller will immediately send the Consumer to the email address provided by them an email message with confirmation that the statement on withdrawing from the Agreement has been received.

8. Results of withdrawing from the Agreement:

a. In case of withdrawing from a remote Agreement the Agreement is considered as not concluded.

b. In case of withdrawing from the Agreement Seller returns to consumer immediately, not later than 14 days after receiving the Consumer’s statement on withdrawing from the Agreement, all payments made including delivery costs excluding additional costs resulting from the delivery method chosen by Consumer different than the cheapest normal delivery method offered by Seller.

c. Payment return will be made by Seller using the same payment method that was chosen by Consumer in the initial transaction unless the Consumer agreed on another solution that will not involve any costs.

d. Seller may refrain from payment return until the Product is returned or until receiving some proof of sending it to Seller depending on what event happens earlier.

e. Consumer should send the Product back to Seller’s address provided in these Terms of Service immediately, not later than 14 days since the day when Seller was informed about withdrawing from the Agreement. The date will be preserved if Consumer sends the Product back within 14 days.

f. Consumer will bear direct costs of Product return, also costs of Product return if, because of its character, the Product couldn’t be returned in a normal mode by post.

g. Consumer is responsible only for decreasing the value of the Product resulting from using it in a way different than it was necessary to assess the characteristics, features and functioning of Product.

9. In case the Product cannot be returned in a normal mode by post because of the character of the Product, the appropriate information about it as well as about costs of returning the Product can be found in Product description in the Shop.

10. The right to withdraw from the agreement is not valid for Consumer with respect to an Agreement:

a. the subject of which is a non-prefabricated item, produced according to Consumer’s specifications or serving to meet their custom needs,

b. the subject of which is an item delivered in a sealed packaging which cannot be returned after opening the packaging because of health protection or hygienic reasons if the packaging was opened after delivery,

c. the subject of which is an item of rapid deterioration or with a short expiry date,

d. on providing services if Seller performed a full service with a clear Consumer’s consent who had been informed before the start of providing services that after completing the services by Seller the Consumer would lose the right to withdraw from the Agreement,

e. in which the price or remuneration depends on fluctuations on the financial market that the Seller cannot control and that can happen before the end of period for withdrawing from the Agreement,

f. the subject of which are items that after delivery because of its character become inseparably connected to other items,

g. the subject of which are alcoholic beverages and their price had been agreed upon before concluding the sales agreement and which can be delivered after 30 days and their price depends on market fluctuations which the Seller does not have control over,

 h. in which the subjects are audio or visual recordings or computer programs delivered in a sealed packaging, if the packaging was opened after delivery,

i. on delivery of journals, periodicals and magazines except subscription agreement,

j. on providing digital content that is not stored on a material carrier if providing the service started with a clear Consumer’s consent before the date of withdrawal from the agreement and after being informed about the loss of the right to withdraw from Agreement.

§ 11

Complaint and warranty

1. Sales Agreement covers new Products.

2. In case the goods purchased from the Seller are faulty Customer has the right to complain based on law provisions on warranty in Civil Code.

3. Complaint must be made in writing or by email to one of Seller’s addresses provided herein.

4. The Seller will relate to the complaint request immediately not later than within 14 days and if they don’t do it within the period it is considered that Customer’s complaint has been assessed as justified.

5. Goods sent within the complaint procedure should be sent to the address provided in § 3 herein.

6. In case there was warranty on the Product the information about it as well as its content are described next to the Product in the Shop.

§ 12

Extrajudicial ways of settling complaints and pursuing claims

1. Detailed information on the possibility of using extrajudicial ways of settling complaints and pursuing claims by Consumer and rules of access to these procedures available in headquarters and on websites of district (city) consumer advocates, social organizations, whose statutory tasks are to protect consumers, Provincial Inspectorates of the Trade Inspection and on the following websites of Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

2. Consumer has the following exemplary ways of using extrajudicial ways of settling complaints and pursuing complaints:

a. Consumer is entitled to turn to permanent amicable consumer court that is described in art. 37 of Act dated 15 December 2000 on Trade Inspection (Journal of Laws 2014 item 148 with later amendments), with a resolution to resolve the argument resulting from the Agreement concluded with Seller.

b. Consumer is entitled to turn to voivodeship inspector of Trade Inspection, according to art. 36 of the Act dated 15 December 2000 on Trade Inspection (Journal of Laws 2014 item 148 with later amendments), with a resolution to start mediation proceedings in case of amicable end of the argument between Consumer and Seller.

c. Consumer may get help free of charge in the matter of resolving the argument between them and Seller thanks to free help of district (city) consumer advocate or a social organization whose statutory aim is to protect consumers (e.g. Consumer Federation, Polish Consumers Association).

§ 13

Personal data in online Shop

1. The administrator of customers’ personal data collected via the online Shop is the Seller.

2. Customers’ personal data are collected by the administrator via the online Shop in order to fulfill the Sales Agreement and, if the Customer gives their consent, also for marketing reasons.

3. Receivers of Shop Customers’ personal data may be:

a. In case of Customer who chooses delivery by post or courier in the online Shop, the administrator shares the collected personal data with the chosen carrier or intermediary who fulfills the delivery upon the Administrator’s order.

b. In case of Customer who chooses electronic or credit card payment in the online Shop the Administrator shares the collected Customer’s personal data to the chosen operator of above-mentioned payments in the online Shop.

4. Customer has the right to access their personal data and correct them.

5. Giving personal data is voluntary, however, not providing personal data stipulated in the Terms of Service necessary for concluding Sales Agreement will result in a lack of possibility to conclude such an agreement.

§ 14

Final remarks

1. Agreements concluded by the online Shop are concluded in the Polish language.

2. Seller reserves the right to make changes in the Terms of Service with valid reasons such as changes in law, changes in payment and delivery methods – within the range that the changes affect the fulfillment of these Terms of Service. Seller will inform Customer about every change at least 7 days in advance.

3. In matters not regulated by these Terms of Service there is applied generally applicable Polish law, especially Civil Code; bills on providing electronic services; bills on consumer rights, bills on personal data protection.

4. Customer has the right to extrajudicial methods of settling complaints and pursuing claims. For this reason a complaint may be made via online platform ODR available at: http://ec.europa.eu/consumers/odr/ .