Purchase regulations

§ 1
 General provisions

  1. ViewPro online store, available at https://fotillo.com, is run by Tomasz Mróz and Justyna Mróz conducting business activity under the name ViewPro s.c. T. Mróz, J. Mróz entered into Centralna Ewidencja i Informacja o Działalności Gospodarczej [the Central Register and Information on Economic Activity] (CEIDG) maintained by the minister in charge of economy, NIP 5223019335, REGON 147452308.
  2. These Regulations apply to both Customers and Entrepreneurs who use the Online Store and sets out the rules for using the Online Store as well as the rules and procedure for concluding distance Sales Agreements with the Customer through the Store.
  3. The Terms and Conditions also constitute, in the scope of services provided electronically, the terms of service for electronic services within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services.

§ 2
Definitions

  1. Consumer – a natural person performing a legal act, in particular concluding an agreement, not directly related to their business or professional activity, especially when it is clear from the content of such act (including the agreement) that it does not have a professional character for that person, particularly based on the subject of the business activity conducted by that person, as made available under the provisions of the Central Register and Information on Economic Activity. If the Customer is a natural person with limited legal capacity, such a person is especially required to obtain a legally effective consent from their legal representative for the conclusion of the Agreement and to present such consent at any request of the Seller, or in another legally permissible way, ensure the validity of the Agreement; to avoid any doubts, it is assumed that agreements concluded within the Online Store are generally considered to be agreements commonly entered into for minor day-to-day matters.
  2. Seller – natural persons conducting business activity under the name ViewPro s.c. T.Mróz, J.Mróz entered into Centralna Ewidencja i Informacja o Działalności Gospodarczej [the Central Register and Information on Economic Activity] (CEIDG) maintained by the minister in charge of economy, NIP 5223019335, REGON 147452308.
  3. Customer – any entity making purchases through the Store.
  4. Entrepreneur – a natural person, legal entity, or an organizational unit that is not a legal entity, but to which a separate law grants legal capacity, making a purchase in the Store directly related to their business or professional activity.
  5. Store – an online store run by the Seller at the following address: fotillo.com
  6. Distance agreement – an agreement concluded with the Customer as part of an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to the moment including the conclusion of the agreement.
  7. Agreement for the provision of electronic services – an agreement within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services.
  8. Terms and Conditions – the terms and conditions of the Store.
  9. Order – Customer’s statement of intent expressed by filling out the Order Form and aiming to conclude the Agreement of Sale of Product or Products with the Seller.
  10. Account – the Customer’s account in the Store; it collects data provided by the Customer and information about Orders placed by them in the Store.
  11. Registration form – form available in the Store which enables creation of an Account.
  12. Order form – an interactive form available on the website of the Store that enables submission of orders, in particular by adding Products to the Cart and determining the conditions of the Agreement of Sale, including payment and method of delivery.
  13. Cart – an element of the Store’s software, in which visible are the Products selected by the Customer for purchase, and in which it is also possible to determine and modify the Order data, in particular the quantity of products.
  14. Product – a movable item available in the Online Store which is the subject of the Sale Transaction Agreement between the Customer and the Seller.
  15. Consumer Law – the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2020, item 287, as amended).
  16. Digital Content – Products in digital form, both those transmitted electronically (e.g., product keys) and those stored on a medium (e.g., CD, DVD).
  17. Sale Agreement – a contract of selling a Product to be concluded or concluded between the Customer and the Seller through the Online Store. The Sale Agreement also means – applying to the features of the Product – an agreement for the service provision and an agreement of supply of services.
  18. User – any person using the Online Store, as well as other related websites, communication, and services.
  19. Licensee – the person who downloads the software from the website.
  20. Licensor – software developer.
  21. License – a set of rules regarding the software.
  22. Payment – the method of payment for the Order. The options available include Bank Transfer, Cash on Delivery, or Paynow (all available channels activated by the payment operator – mBank), Przelewy 24 (all available channels activated by the payment operator – PayPro SA), and PayPo. The entity providing online payment services for card payments is Autopay S.A.

§ 3
 Contact with the Store

  1. Vendor Address: ul. Skoroszewska 2B/34, 02-495 Warsaw
  2. Seller’s e-mail address: contact@fotillo.com
  3. Seller’s phone number:  +48 578 439 776
  4. Seller’s bank account number for EUR PL 55 1140 2004 0000 3812 1901 3016
  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
  6. The Customer may communicate with the Seller by phone from Monday to Friday between 9am and 4pm.

§ 4
Technical Requirements

To use the Store, including to view the Store’s assortment and to place orders for Products, there are needed:

  1. end device with access to the Internet and a Google Chrome or similar web browser,
  2. active e-mail account,
  3. enabled cookies.

§ 5
General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
  2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products of the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the Order to be carried out without creating an Account.
  3. The Service Provider, via the Portal and using its functionalities, provides, in accordance with the Terms and Conditions, so-called electronic services, within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services, including enabling Users to:
    – place an Order via the Order Form,
    – post reviews, ask questions, and provide answers regarding Products and services provided.
  4. Prices of the goods are gross prices in EUR (value-added tax included).
  5. The Seller displays the Price of the Product or service in a clear and unambiguous manner. In every case of informing about a price reduction of a Product or service, alongside the information about the reduced Price (e.g., reduced due to temporary promotions) in the Online Store, the Seller displays the lowest previous price of the Product available on www.fotillo.com within the last 30 days before the price reduction was applied.
  6. In the case of an Agreement involving a subscription or provision of services for an indefinite period, the final (total) price is the total price including all payments for the accounting period.
  7. If the nature of the subject of the Agreement does not allow, judiciously judging, to calculate the amount of the final (total) price in advance, information on the manner in which the price will be calculated, as well as about charges for transport, delivery, postal services and other costs will be provided in the Store in the Product description.

§ 6
Creating an Account in the Store

  1. To create an Account in the Store, please complete the Registration Form. It is necessary to provide the following data: name, e-mail address, telephone number, address data.
  2. Creating an Account in the Store is free.
  3. Logging in to the Account is done by entering login and password set in the Registration Form.
  4. The Customer has the ability to, at any time and without giving any reason, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7
Order submission rules

In order to place an Order:

  1. log in to your account on the Store’s website (optional);
  2. select the Product being the subject of an Order, and then click the ‘Add to Cart’ button (or equivalent);
  3. log in or use the option of placing an Order without registration;
  4. if the option of placing an Order without registration was selected – complete the Order Form by entering the recipient’s details of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter invoice data, if different from the recipient’s data,
  5. click on the “Order and pay” button,
  6. choose one of the available payment methods and pay for the order.

§ 8
Offered delivery and payment methods

  1. The Customer may choose the following method of receiving the ordered Product:
    • download via a generated link.
  2. The customer can use the following payment methods:
    • Online payment
    • Payment by card:
      • Visa
      • Visa Electron
      • Mastercard
      • MasterCard Electronic
      • Maestro
    • Bank transfer to the Seller’s account.
  3. The entity providing online payment services for card payments is Autopay S.A.
  4. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

§ 9
 Performance of the sale agreement

  1. The conclusion of the Sale Agreement between the Customer and the Seller takes place after the Customer has made the Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
  2. If the Ordering Party has a contract with the Seller and the contract specifies the prices of individual products, the price will be corrected to the one resulting from the contract.
  3. The Seller, in response to the Order, immediately sends confirmation that he received the Order and began its verification. The Sale Agreement is concluded with the confirmation of the order, that is, to receive the message of the Customer mentioned. The Seller sends the Customer a confirmation of receiving of the Order and its accepting as well as confirmation of the Sale Agreement. Upon receipt of the above e-mail the Customer is entered into the Sale Agreement with the Seller.
  4. If the Customer chooses:
    • payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make payment within 7 days since the date of the Sale Agreement – otherwise the order will be canceled.
    • payment on delivery of the parcel, the Customer is obliged to make the payment on delivery.
    • cash payment when picked up personally, the Customer is obliged to make payment within 1 days since the date of being notified about the package’s readiness for pickup.
  5. If the Customer has chosen a delivery method other than personal pick-up, the Product will be sent by the Seller within 7 days (subject to passage 6 of this paragraph), in the manner chosen by the Customer when placing the Order.
  6. In the event that the date of shipment of the Product is longer than 7 days, the Seller will contact the Customer to agree on the delivery time.
  7. Start of the period of Product delivery to the Customer counts as follows:
    • If the Customer chooses the transfer payment method – from the day on which the bank account of the Seller is credited.

§ 10
Right to withdrawal

  1. In accordance with Article 38, point 13 of the Act of 30 May 2014 on Consumer Rights, the Consumer is not entitled to the right to withdraw from the Agreement for the supply of digital content not recorded on a tangible medium if the performance has begun with the explicit consent of the Consumer before the withdrawal period has expired and after being informed by the Seller about the loss of the right to withdraw from the Agreement.
  2. By placing an order on fotillo.com, the Consumer consents to the commencement of performance before the withdrawal period has expired and declares that they have been informed of the loss of the right to withdraw from the Agreement.
  3. Therefore, once the service of providing digital content has begun, the Consumer loses the right to withdraw from the Agreement.
  4. If, for any reason, the Consumer is entitled to the right to withdraw from the Agreement, the following provisions apply:
    a. The Consumer may withdraw from the Agreement within 14 days without giving any reason.
    b. The withdrawal period begins on the day the Agreement is concluded.
    c. To exercise the right to withdraw from the Agreement, the Consumer must inform the Seller of their decision by making a clear statement (e.g., a letter sent by post or email).
    d. The Consumer may use the model withdrawal form, but it is not mandatory.
    e. In the event of withdrawal from the Agreement, the Seller will refund all payments received from the Consumer without delay, no later than 14 days from the day the Seller was informed of the Consumer’s decision to exercise the right of withdrawal.
  5. The provisions of this paragraph do not limit the Consumer’s rights under generally applicable law..

§ 10a
A natural person conducting business activities

The provisions contained in these Regulations, which relate to liability under the warranty towards the Consumer and the right to withdraw from the contract granted to the Consumer, also apply to a natural person concluding a contract directly related to their business activity, when it follows from the content of this contract that it is not of a professional character for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on Centralna Ewidencja i Informacja o Działalności Gospodarczej [the Central Register and Information on Business Activity].

§ 11
Complaints and warranty

  1. The basis and scope of the Seller’s liability towards the Consumer, if the sold Product is not in conformity with the Agreement, are defined by Consumer Law.
  2. In the event of non-conformity of the Product with the Agreement, the Consumer is entitled to the rights specified in Consumer Law. The provisions of Title XI, Division II of Book III of the Civil Code do not apply to agreements that involve the transfer of ownership of goods to the Consumer, including sales agreements, delivery agreements, and work agreements that involve goods.
  3. The Product is in conformity with the Agreement if its description, type, quantity, quality, completeness, and fitness for a particular purpose, for which the Consumer needs it and which was communicated to the Seller no later than at the time of concluding the sales agreement, are in conformity with the Agreement, and which the Seller accepted.
  4. Furthermore, the Product must meet the following conditions to be considered in conformity with the Agreement:
    • Be suitable for the purposes for which products of the same type are generally used, taking into account applicable laws, technical standards, or good practices,
    • Be of the quantity and have the features, including durability and safety, typical of products of the same kind, and which the Consumer can reasonably expect, considering the nature of the Product and any public assurances made by the Seller, their legal predecessors, or persons acting on their behalf, especially in advertisements or on labels, unless the Seller proves that: a) They were unaware of the given public assurance and, when reasonably assessed, could not have known about it, b) Before the conclusion of the agreement, the public assurance was corrected under conditions and in a manner comparable to how the public assurance was made, or c) The public assurance did not influence the Consumer’s decision to conclude the sales agreement;
    • Be delivered with packaging, accessories, and instructions that the Consumer can reasonably expect;
    • Be of the same quality as the sample or model that the Seller made available to the Consumer before the conclusion of the agreement and correspond to the description of such a sample or model.
  5. The Seller is not liable for the non-conformity of the Product with the agreement in the areas mentioned in points 2 or 3 if the Consumer, no later than at the time of the conclusion of the sales agreement, was explicitly informed that a particular feature of the Product deviated from the conformity requirements specified in points 2 or 3 and explicitly and separately accepted the lack of the specific feature of the Product.
  6. If the Product is not in conformity with the Agreement, the Consumer may demand that it be repaired or replaced.
  7. The Seller may replace the Product if the Consumer requests repair, or the Seller may repair the Product if the Consumer requests a replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the Consumer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement.
  8. When assessing the excessiveness of the costs for the Seller, all the circumstances of the case are taken into account, especially the significance of the non-conformity of the Product with the Agreement, the value of the Product that conforms to the Agreement, and the excessive inconvenience for the Consumer caused by changing the method of bringing the Product into conformity with the Agreement.
  9. The Seller shall repair or replace the Product within a reasonable time after being informed by the Consumer of the non-conformity with the Agreement and without excessive inconvenience for the Consumer, considering the nature of the Product and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, shall be borne by the Seller.
  10. If the Product is not in conformity with the Agreement, the Consumer may submit a statement demanding a price reduction or withdraw from the Agreement when:
    a) The Seller has refused to bring the Product into conformity with the Agreement in accordance with Article 43d, paragraph 2 of Consumer Law;
    b) The Seller has not brought the Product into conformity with the Agreement in accordance with Article 43d, paragraphs 4-6 of Consumer Law;
    c) The non-conformity of the Product with the Agreement continues, despite the Seller’s attempts to bring the Product into conformity with the Agreement;
    d) The non-conformity of the Product with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement without prior recourse to the remedies specified in Article 43d of Consumer Law.
  11. The reduced price must be proportional to the price resulting from the Agreement, based on the value of the non-conforming Product in relation to the value of the conforming Product.
  12. The Seller shall return to the Consumer any amounts due as a result of the exercise of the right to reduce the price without undue delay, no later than 14 days after receiving the Consumer’s statement regarding the price reduction.
  13. Due to the need for proper verification of the reported defects, the Product being claimed should be complete and include all accessories (chargers, power supplies, cables, etc.) that affect its functionality or may be the cause or part of the cause of the Product’s defect.
  14. Before returning the Product to the Seller, the Consumer should prepare the Product appropriately, including: a) Making a backup of all data, including photos, recordings, software, and applications, and deleting them from the device, as data left on the device may be lost during repair; b) Taking steps to protect the Consumer’s privacy, especially by removing private data, photos, etc.
  15. The complaint must be submitted in writing or electronically to the addresses of the Seller specified in these Terms and Conditions.
  16. It is recommended that the complaint include a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Consumer submitting the complaint, and the Consumer’s request regarding the defect.
  17. The Seller will respond to the complaint request without undue delay, and if the Customer is a Consumer, no later than 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, the request is considered justified.
  18. If a warranty has been provided for the Product, information about it, as well as its content, will be included with the Product description in the Store.

§12

Seller’s Liability for the Delivery of Digital Conten

  1. The Seller is liable to the Consumer for the lack of conformity of the digital content or digital service provided either in one-time delivery or in parts that existed at the time of delivery and became apparent within two years from that time. It is presumed that any lack of conformity of digital content or a digital service that becomes apparent within one year of the delivery of the digital content or digital service existed at the time of delivery. The Seller cannot invoke the expiration of the period for establishing the lack of conformity of the digital content or digital service if the lack was fraudulently concealed.
  2. The Seller is liable to the Consumer for the lack of conformity of the digital content or digital service provided continuously, which occurred or became apparent during the time it was supposed to be delivered according to the agreement. It is presumed that the lack of conformity of digital content or a digital service occurred during this period if it became apparent during that time.
  3. The Seller is liable to the Consumer for the lack of conformity of the digital content or digital service concerning updates that occurred during the time of delivery specified in the agreement, under which the delivery is made continuously, or for the period reasonably expected by the Consumer, considering the type of digital content or digital service and the purpose for which they are used, as well as the circumstances and nature of the agreement, if the agreement provides for the one-time or part delivery of digital content or digital services. If the Consumer does not install the updates provided by the Seller within a reasonable time, the Seller is not liable for the lack of conformity of the digital content or digital service with the agreement resulting solely from the lack of updates, provided that:
    • the Consumer was informed about the update and the consequences of not installing it;
    • the failure to install or the incorrect installation of the update was not due to errors in the installation instructions provided by the Seller.
  4. The Seller is not liable for the lack of conformity of the digital content or digital service with the agreement in the cases referred to in Article 43k(2) or (3) of the Consumer Rights Act, if the Consumer, no later than at the time of concluding the agreement, was clearly informed that a specific feature of the digital content or digital service deviates from the conformity requirements specified in Article 43k(2) or (3) of the Consumer Rights Act and explicitly and separately accepted the lack of that particular feature of the digital content or digital service.
  5. The presumptions specified in points 1 and 2 above do not apply if:
    • the Consumer’s digital environment is incompatible with the technical requirements that the Seller had clearly and understandably informed the Consumer about before the conclusion of the agreement;
    • the Consumer, who was clearly and understandably informed before the conclusion of the agreement about the obligation to cooperate with the Seller reasonably and with the least inconvenience to themselves to determine whether the lack of conformity of the digital content or digital service with the agreement resulted from features of the Consumer’s digital environment, fails to fulfill this obligation.
  6. If the digital content or digital service is not in conformity with the agreement, the Consumer may demand that it be brought into conformity with the agreement. The Seller may refuse to bring the digital content or digital service into conformity with the agreement if doing so is impossible or would incur disproportionate costs for the Seller. When assessing the disproportionate costs for the Seller, all circumstances of the case are considered, particularly the significance of the lack of conformity of the digital content or digital service with the agreement and the value of the digital content or digital service in conformity with the agreement.
  7. The Seller shall bring the digital content or digital service into conformity with the agreement within a reasonable time from the moment the Seller was informed by the Consumer about the lack of conformity with the agreement and without undue inconvenience to the Consumer, taking into account the nature of the digital content or digital service and the purpose for which they are used. The costs of bringing the digital content or digital service into conformity with the agreement are borne by the Seller.
  8. If the digital content or digital service is not in conformity with the agreement, the Consumer may submit a statement demanding a price reduction or withdraw from the agreement, subject to §10(10)(9) of the Terms and Conditions, if:
    • bringing the digital content or digital service into conformity with the agreement is impossible or would involve disproportionate costs in accordance with point 6 above, or the Seller did not bring the digital content or digital service into conformity with the agreement in accordance with point 7 above;
    • the lack of conformity of the digital content or digital service with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without prior recourse to the remedies specified in points 6 and 7 above;
    • the lack of conformity of the digital content or digital service with the agreement continues despite the Seller’s attempts to bring the digital content or digital service into conformity with the agreement;
    • it is evident from the Seller’s statement or circumstances that the Seller will not bring the digital content or digital service into conformity with the agreement within a reasonable time or without undue inconvenience to the Consumer.
  9. The reduced price must be proportional to the price resulting from the agreement, based on the value of the non-conforming digital content or digital service in relation to the value of the conforming digital content or digital service. If the agreement provides that the digital content or digital service is delivered in parts or continuously, the price reduction should take into account the period during which the digital content or digital service was non-conforming.

§13
Provisions Regarding Entrepreneurs

  1. To avoid any doubt, the provisions indicated in this §14 of the Terms and Conditions apply exclusively to Entrepreneurs and do not apply to Consumers.
  2. If the Customer is an Entrepreneur, the parties exclude liability for warranty claims and the Seller’s liability for damages to the fullest extent permitted by applicable law.
  3. To avoid any doubt, the provisions of paragraphs 1-2 above do not apply to a natural person concluding an agreement directly related to their business activity if it is clear from the content of the agreement that it does not have a professional nature for that person, particularly based on the subject of their business activity made available under the provisions of the Central Register and Information on Economic Activity.
  4. All disputes arising between the Seller and the Entrepreneur will be submitted to the common court competent for the Seller’s registered office.

§14
Complaints Related to the Use of Electronically Provided Services

The Customer may submit a complaint to the Seller in connection with the use of services provided electronically by the Seller. The complaint may be submitted in electronic form. The Customer should include a description of the issue in the complaint submission. The Service Provider will address the complaint promptly, but no later than within 14 days, and provide a response to the Customer.

§15
User’s Responsibility for Content Posted by Them

  1. To monitor User satisfaction, improve the quality of services provided, and enhance sales support, the Seller may enable Users to publish photos, express opinions, ask questions and provide answers, and post reviews regarding the operation of the Online Store and the Products.
  2. The User declares that:
    • They do not hold any rights, including copyrights or related rights, to the content, except for the right to use it in the manner specified in the Terms and Conditions and the rights to the content, including opinions, reviews, and photos posted by them. The User is not entitled to record, reproduce, share, disclose, or distribute the content unless such rights arise from the law or the Terms and Conditions;
    • They are not entitled to interfere with the content, particularly the structure, form, graphics, functioning mechanism, or other elements of the Online Store. They may not make any changes, modifications, or other actions on the content, except those explicitly allowed under these Terms and Conditions.
  3. By posting content in the Online Store, including photos, reviews, and opinions that constitute works (within the meaning of the Act of February 4, 1994, on Copyright and Related Rights), the User grants the Seller a non-exclusive, royalty-free license to use these works for an indefinite period, which includes, in particular, public sharing of the work in such a way that anyone can access it at a time and place of their choosing (Internet). The license is granted with respect to all fields of exploitation known at the time of its granting, particularly in the following areas:
    • In terms of recording and reproducing the work – producing copies using any technique, especially digital or sound techniques, including by using any technology on any audiovisual or audio medium, particularly on any form of light-sensitive, magnetic, analog, computer, digital, multimedia, video, audiovisual discs, cassettes, compact discs, computer disks, multimedia networks (including online, intranet, and related online services) and reproducing, recording, and using it on the Internet, television, radio, advertising, and in the form of electronic records in computer memory and internal or external networks;
    • In terms of trading the original or copies on which the work has been recorded – introducing them to trade, lending, or renting the original or copies;
    • Using the whole or parts, or any elements of the work in all publications, press, book, album, digital (including online) publications, bulletins, and newsletters, independently or in combination with other works or fragments of works; using the whole or part for promotion and advertising, particularly in audiovisual, audio, or media advertisements;
    • In terms of public performance, display, exhibition, playback, broadcasting, and rebroadcasting, as well as making the work publicly available in a way that anyone can access it at a time and place of their choosing.
  4. It is forbidden for the User to post content that could, in particular:
    • Be posted in bad faith, e.g., with the intent to violate the personal rights of third parties;
    • Infringe upon any third-party rights, including copyrights and related rights, industrial property rights, trade secrets, or confidentiality obligations;
    • Be offensive or constitute a threat to others, or contain language that violates good manners (e.g., using vulgar or commonly recognized offensive terms);
    • Be in conflict with the interests of the Seller;
    • Otherwise violate the provisions of the Terms and Conditions, good manners, applicable laws, or social or moral norms.
  5. The User agrees not to post content containing links to external websites, promotional or advertising material, or third-party personal data.
  6. If the User or another person or entity believes that content published on the Online Store’s website violates their rights, personal rights, good manners, feelings, morality, beliefs, principles of fair competition, know-how, or legally protected secrets or obligations, they may notify the Seller of the potential violation.
  7. The Seller reserves the right to remove content posted by the User if it does not meet the requirements set out in §15 of the Terms and Conditions.

§ 16
Extrajudicial means of settling complaints and claims

  1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the registered offices and on the websites of poviat (city) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Trade Inspection Inspectorates and the following Internet addresses of the Office of Competition and Customer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php

http://www.uokik.gov.pl/sprawy_indywidualne.php  and

http://www.uokik.gov.pl/wazne_addresses.php.

  • The Customer has the following examples of possibilities of using out-of-court procedures for dealing with complaints:
    • The Consumer is entitled to ask for help at the permanent consumer arbitration court, as referred to in article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2014 item 148, as amended), with a request to resolve the dispute arising from the Agreement concluded with the Seller.
    • The Customer is entitled to ask the provincial inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2014 item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of dispute between the Customer and the Seller.
    • The Customer can acquire free aid according settlement of disputes between the Customer and the Seller using the free assistance of district (municipal) consumer ombudsmen or a social organisation whose statutory tasks include customer/consumer protection (e.g. the Federation of Consumers, the Association of Polish Consumers (Stowarzyszenie Konsumentów Polskich).

§ 17
 Personal data in the Online Store

  1. The administrator of databases containing personal data provided by Customers of Online Store is the Seller.
  2. Personal data of the Customers, collected by the administrator through the Online Store, are collected to implement the Sale Agreement, and if the Customer agrees – also for marketing purposes.
  3. Possible recipients of personal data of the Online Store Customers:
    1. Accounting offices dealing with the service of the Seller.
    2. In the case of a Customer who buys in the Online Store and chooses post or courier as the way of delivery, the Administrator shall make the Customer’s collected personal data available to the selected courier or agent performing the shipments by order of the Administrator.
    3. In the case of a Customer who chooses electronic payment or card payment when using the Online Store, the Administrator makes the Customer’s collected personal data available to the selected agent handling the above payments in the Online Store.
  4. The Customer has the right to access and correct their data.
  5. Providing personal data is voluntary, but failure to provide the personal data required in the Online Store Regulations to conclude and execute the Sales Agreement results in the inability to conclude this Agreement.

§ 17a
Agreement for the outsourcing of personal data processing

  1. This personal data processing agreement (hereinafter referred to as the “Entrustment Agreement”) is concluded between the Seller (in this paragraph also referred to as the “Processor”) and the Licensee (in this paragraph also referred to as the “Controller”).
  2. The Parties have concluded this Entrustment Agreement bearing in mind that:
    • The Licensee downloads the Fotillo software from the Seller’s website,
    • photos taken using the Fotillo software are stored on servers that are at the disposal of the Seller, and belong to Zenbox sp. z o.o. with its registered office in Częstochowa, NIP: PL949-219-10-21, REGON: 242888558, KRS: 0000414281, and depending on the choice of the Administrator, the photos may also be stored in the “messages sent” folder in the Zenbox mail account, which is at the disposal of the Processor,
    • the purpose of the Entrustment Agreement is to determine the conditions under which the Processor performs personal data processing operations on behalf of the Controller.
  3. The Parties concluding the Entrustment Agreement strive to regulate the rules of personal data processing so that they fully comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as “GDPR“.
  4. Under the terms of the Entrustment Agreement, the Controller may entrust the Processor with the processing of Personal Data.
  5. The processing may include the following types of personal data (hereinafter referred to as “Personal Data“):
    • photos
    • e-mail addresses.
  6. Categories of Personal Data subjects: persons appearing in photographs taken with the use of the Fotillo program.
  7. The processing activities that may be performed in relation to Personal Data are: collecting, organizing, storing, downloading, disclosing by sending, sharing, limiting, deleting.
  8. The Processor may entrust specific processing operations of Personal Data to other processors.
  9. When processing Personal Data, the Processor is obliged to comply with the law and the provisions of the Entrustment Agreement.
  10. The Processor ensures the protection of Personal Data and takes data protection measures referred to in art. 32 of the GDPR, in accordance with the further provisions of the Entrustment Agreement.
  11. The Processor is obliged to immediately inform the Controller about:
    • any circumstances affecting the protection and security of Personal Data,
    • initiation of controls or administrative proceedings by the supervisory authority,
    • administrative decisions or provisions issued by the supervisory authority regarding the entrusted Personal Data,
    • submitting a complaint, request, question and other statements addressed to the Processor in the scope related to the Data
  12. The Controller declares that he is the controller of Personal Data and that he is entitled to process them to the extent that was entrusted to the Processor. If the Personal Data do not belong to the Controller – the Controller declares that he has obtained the consent of the person to whom the Personal Data relates and has informed the above-mentioned person about the processing of hid Personal Data by the Processor.
  13. The Controller is obliged to cooperate with the Processor in connection with the processing of data under this Agreement.
  14. The Controller declares that he is aware that he is obliged to fulfill the information obligation towards the data subjects and to inform that their Personal Data will be processed by the Processor.
  15. The Entrustment Agreement has been concluded for an indefinite period and may be terminated by either Party with immediate effect.
  16. Upon termination of the Entrustment Agreement, the Processor shall not have the right to further process the entrusted Personal Data, unless there is another basis for doing so.
  17. Upon termination of the Entrustment Agreement, the Processor is obliged to delete Personal Data.
  18. The Entrustment Agreement is subject to Polish law and the GDPR.

§ 18
Rights and Obligations of the Licensee

  1. The Licensee is obliged to comply with the terms of this  Agreement and the License added to each software, as well as to pay for the service provided by the Licensor in a timely manner.
  2. The Licensee is obliged to familiarize himself with the technical requirements of the equipment on which the Software is to be installed.
  3. Licensee shall install the Software in accordance with the instructions received from Licensor upon payment of a fee.
  4. Licensee may use the Software on more than one computer.
  5. The licensee will not interfere with the source code of the program, decompile files, change the way the program works. Any attempted change will be treated as a violation of copyright, for which a penalty of PLN 500,000 is due.
  6. He accepts the additional terms of the License in case of downloading the Fotillo Software to the photo booth with all additions.

§ 19
Final Provisions

  1. Agreements concluded through the Online Store are made in the Polish language.
  2. The Seller reserves the right to amend the Terms and Conditions for valid reasons, such as changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any changes at least 7 days in advance.
  3. If any provision of the Terms and Conditions is found to be invalid, unlawful, or unenforceable, it will be excluded from the provisions of the Terms and Conditions, which will not affect the validity and enforceability of the remaining provisions.
  4. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; the Personal Data Protection Act.
  5. Any disputes that may arise in connection with a sales agreement concluded between a Customer who is a Consumer and the Seller, under the rules specified in the Terms and Conditions, will be resolved by the competent common court. Any disputes that arise between the Seller and a Customer who is an Entrepreneur will be submitted to the court competent for the Seller’s registered office.

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