Terms and Conditions

§1 Preliminary Provisions

The ViewPro online store, available at https://viewpro.pl and https://viewpro.eu, is operated by Tomasz Mróz and Justyna Mróz, conducting business activity under the company name ViewPro s.c. T. Mróz, J. Mróz, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister competent for economic affairs, NIP (Tax Identification Number): 5223019335, REGON (National Business Registry Number): 147452308.
These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online store as well as the terms and procedure for concluding Distance Sales Agreements with Customers via the Store.
At the same time, these Terms and Conditions constitute, within the scope of services provided by electronic means, the Terms and Conditions for the Provision of Electronic Services within the meaning of the Act of 18 July 2002 on the Provision of Services by Electronic Means.

§2 Definitions

Consumer – a natural person performing a legal act, in particular concluding a contract, which is not directly related to their business or professional activity, especially where the content of such act (including the contract) indicates that it does not have a professional character for that person, as determined in particular by the scope of the person’s business activity made available pursuant to the provisions on the Central Register and Information on Economic Activity (CEIDG).
If the Customer is a natural person with limited legal capacity, such person is required, in particular, to obtain a legally valid consent from their statutory representative to conclude the Agreement and to present such consent at the Seller’s request, or otherwise ensure the validity of the Agreement in a legally permissible manner.
For the avoidance of doubt, it is acknowledged that agreements concluded within the Online Store are generally considered agreements commonly concluded in minor current matters of everyday life.
Seller – natural persons conducting business activity under the company name ViewPro s.c. T. Mróz, J. Mróz, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister competent for economic affairs, Tax Identification Number (NIP): 5223019335, National Business Registry Number (REGON): 147452308.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, legal person, or an organizational unit without legal personality that is granted legal capacity by separate provisions, making a purchase in the Store directly related to its business or professional activity.
Store – the online store operated by the Seller at https://viewpro.pl and https://viewpro.eu.
Distance Contract – a contract concluded with the Customer within the framework of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time of conclusion of the contract.
Agreement for the Provision of Electronic Services – an agreement within the meaning of the Act of 18 July 2002 on the Provision of Services by Electronic Means.
Regulations – these Terms and Conditions of the Store.
Order – a Customer’s declaration of intent submitted via the Order Form, directly aimed at concluding a Sales Agreement for one or more Products with the Seller.
Account – a Customer’s account in the Store, which stores data provided by the Customer as well as information on Orders placed in the Store.
Registration Form – a form available in the Store enabling the creation of an Account and allowing the use of external services such as Google, Meta (Facebook), Microsoft (LinkedIn), and Apple accounts.
Order Form – an interactive form available in the Store that enables the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Withdrawal Form – a model declaration constituting Appendix No. 1 to these Regulations; the use of this form is voluntary and may be made in paper or electronic form.
Complaint Form – a model complaint form made available by the Seller; use of the form is voluntary and not required for a valid submission of a complaint.
Cart – a part of the Store’s software where the Products selected by the Customer for purchase are displayed, and where it is possible to determine and modify Order details, in particular the quantity of Products.
Product – a movable item or service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
Consumer Law – the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2020, item 287, as amended).
Digital Content – Products in digital form, whether transmitted electronically (e.g., product keys) or recorded on a physical medium (e.g., CD, DVD).
Sales Agreement – a contract for the sale of a Product concluded or entered into between the Customer and the Seller via the online Store. Depending on the nature of the Product, the term “Sales Agreement” shall also include a service agreement or a contract for specific work.
User – any person using the online Store and other related websites, communications, or services.
Licensee – a person who downloads software from the website.
Licensor – the producer of the software.
License – a set of rules governing the use of the software.
Payment – the method of payment for the Order. Online payments in the Store are processed via the IdoPay gateway provided by IAI S.A. (IdoSell). Available payment methods include, in particular: BLIK, payment cards (Visa, Mastercard), instant bank transfers (PayByLink – list of banks displayed in the IdoPay gateway), and deferred payments via PayPo (if available). The Store may also offer traditional bank transfers and cash on delivery – if available at the time of placing the Order.
IdoPay – the online payment processing service provided by IAI S.A., used by the Store to accept electronic payments from Customers.
Supplier – an entity responsible for delivering the Product to the Customer under the Dropshipping service.
Dropshipping – a service commissioned by the Seller and provided by the Supplier, consisting of direct delivery to the Customer of Products available in the online Store, purchased by the Seller from the Supplier.
Durable Medium – any material or device enabling the Customer or the Seller to store information addressed personally to them in a manner allowing access to such information in the future for a period adequate to the purposes of such information and allowing the reproduction of the stored information in an unchanged form, in particular by electronic mail (email).

§3 Contact with the Store

Seller’s address: ul. Skoroszewska 2B/34, 02-495 Warsaw, Poland
Office/Warehouse address: ul. Skoroszewska 2B/37, 02-495 Warsaw, Poland
Seller’s e-mail address: info@viewpro.pl
Seller’s phone number: +48 578 439 776
Seller’s bank account number:
for PLN currency: 57 1140 2004 0000 3902 8174 4999
for EUR currency: 55 1140 2004 0000 3812 1901 3016
The Customer may contact the Seller using the addresses and phone numbers provided in this paragraph.
The Customer may contact the Seller by phone from Monday to Friday between 09:00 and 16:00.

§4 Technical Requirements

To use the Store, including browsing its assortment and placing Orders for Products, the following are required:
an end device with Internet access and a web browser,
an active e-mail account,
cookies enabled.

§5 General Information

The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. The Customer may place Orders for Products available in the Store either by creating an Account in accordance with §6 of these Terms and Conditions or by providing the necessary personal and address data to process the Order without creating an Account.
Through the Portal and its functionalities, the Service Provider provides, in accordance with these Terms and Conditions, electronic services within the meaning of the Act of 18 July 2002 on the Provision of Services by Electronic Means, including enabling Users to:
– place an Order via the Order Form,
– post reviews and ask or answer questions regarding Products and provided services.
The prices displayed in the Store are given in Polish zloty (PLN) and are gross prices (including VAT). The final amount payable by the Customer consists of the price of the Product and the cost of delivery (including transport, shipping, and postal service fees), of which the Customer is informed on the Store’s pages during the ordering process, including at the moment of expressing the intention to conclude the Sales Agreement.
The Seller displays the Product or service price in a clear and unambiguous manner. Whenever information about a price reduction is provided (e.g., resulting from temporary promotions), the Seller displays the lowest previous price of the Product available on www.viewpro.pl and viewpro.eu during the 30 days preceding the reduction.
In the case of a contract involving a subscription or the provision of services for an indefinite period, the final price is the total price including all payments for the billing period.
When the nature of the subject of the Agreement does not reasonably allow for prior calculation of the final price, information on how the price will be calculated, as well as on transport, delivery, postal service fees, and other costs, will be provided in the Store in the Product description.

§6 Creating an Account in the Store

To create an Account in the Store, the Registration Form must be completed. The following data are required: first name and last name, e-mail address, phone number, and address details.
Creating an Account in the Store is free of charge.
Logging into the Account is done by entering the login and password established in the Registration Form.
It is also possible to create an Account and log in through external services such as Google, Meta (Facebook), Microsoft (LinkedIn), and Apple accounts.
The Customer may, at any time and without giving any reason or incurring any fees, delete their Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in §3.
Placing an Order without creating an Account does not result in the creation of a permanent user account. For the purpose of processing such an Order, the Store’s system creates a so-called technical account as referred to in §7 paragraphs 7–10, which serves solely for the fulfillment of that Order and communication with the Customer.

§7 Rules for Placing an Order

To place an Order, the Customer should:

log in to the Store (optional);
select the Product to be ordered, then click the “Add to cart” button (or an equivalent one);
log in or use the option to place an Order without registration;
if the option to place an Order without registration has been chosen – complete the Order Form by entering the recipient’s data and the delivery address for the Product, select the type of shipment (method of delivery), and enter invoice details if they differ from the recipient’s data;
click the “Buy and pay” button;
select one of the available payment methods and, depending on the chosen method, pay for the Order within the specified time limit, subject to §8 point 3.

When an Order is placed without registration, the Store’s system automatically creates a technical account assigned to that Order.
The technical account enables the Seller to provide the Customer with information on the status of the Order, payment, and delivery, as well as access to the Order summary via a unique link sent to the Customer’s e-mail address.
Creating a technical account does not constitute registration of a permanent Account in the Store and does not create a permanent Customer profile.
The data processed within the technical account are stored for the period necessary to fulfill the Order and handle any related claims, after which they are deleted or anonymized in accordance with the Privacy Policy.
The Customer may cancel or modify the Order until it is handed over for processing. To do so, the Customer may contact the Seller using the contact details provided in these Terms and Conditions or use the functions available on the Store’s website.
In the event of a successful cancellation of the Order, the Seller shall promptly, but no later than within 3 business days, refund all payments received from the Customer using the same payment method that the Customer used, unless the Customer expressly agrees to a different refund method that does not entail any additional costs.

§8 Delivery and Payment Methods Offered

The Customer may use the following methods of delivery or collection of the ordered Product:
– Courier delivery,
– Cash-on-delivery courier shipment,
– Personal collection,
– Delivery to a designated pick-up point belonging to the selected carrier.
Personal collection is available at the following address: ul. Skoroszewska 2B/37, 02-495 Warsaw, Poland.
The Customer may choose from the following payment methods:

Payment upon collection,
Cash on delivery,
Bank transfer to the Seller’s account,
Payment cards: Visa and Mastercard,
BLIK,
PayPo.

Card and online transfer transactions are processed through the external payment provider IdoPay.
Detailed information on delivery methods and accepted payment options can be found on the Store’s website.
Despite due diligence, the Seller cannot guarantee constant availability of the Products presented in the Store. If the Products that the Customer intends to order are unavailable at the time of placing the Order, the Customer will be informed of the Product’s unavailability before submitting the Order to the Seller.
If, during the processing of the Order, it turns out that any of the ordered Products are unavailable, the Seller will cancel the entire Order. Confirmation of the Order cancellation will be sent to the e-mail address associated with the Customer’s Account or provided by the Customer when placing the Order without an Account.
If a Product is unavailable in the Store’s offer, the User may request to be notified when it becomes available again by adding the Product to the “Watched” list. Information about the Product’s availability will be sent to the e-mail address provided by the User during Account registration.
If, while using the Store, it is allowed to provide data of third parties other than the Customer (e.g. for delivery purposes), the Customer may enter such data only if their use is permitted by law (e.g. the Customer has obtained the necessary consent from the person whose data are provided for their use in the Store). In the event of unauthorized disclosure of such data, the Customer shall bear full responsibility for any consequences arising from such disclosure.

§9 Execution of the Sales Agreement

The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order via the Order Form in the online Store in accordance with §7 of these Terms and Conditions.
The sales document (receipt or invoice) may be issued and delivered in electronic form, in particular as a PDF file sent to the e-mail address provided by the Customer when placing the Order.
If the Customer has an individual agreement with the Seller specifying product prices, the price will be adjusted to the one resulting from that agreement.
After the Order has been placed, the Seller shall promptly confirm its receipt and simultaneously accept it for processing. Confirmation of receipt and acceptance of the Order is made by sending the Customer an appropriate e-mail message to the address provided during the Order process, containing at least the Seller’s statements confirming receipt and acceptance of the Order and confirmation of the conclusion of the Sales Agreement. Upon receipt of this e-mail by the Customer, the Sales Agreement between the Customer and the Seller is deemed concluded.
If the Customer selects:

bank transfer or online payment via IdoPay (electronic payment or payment card) – the Customer is required to make payment within 7 calendar days from the date of conclusion of the Sales Agreement; otherwise, the Order will be cancelled.
PayPo payment – the Customer is required to make payment within 30 calendar days from the date of conclusion of the Sales Agreement.
cash-on-delivery payment – the Customer is required to make payment upon receipt of the shipment.
cash payment upon personal collection – the Customer is required to make payment upon collection, within 1 day from receiving information that the shipment is ready for pickup.

If the Customer has selected a delivery method other than personal collection, the Product shall be shipped by the Seller within 7 days (subject to paragraph 6 of this section), using the method chosen by the Customer when placing the Order.
If the shipping time is expected to exceed 7 days, the Seller will contact the Customer to arrange a delivery schedule.
The start of the delivery period for the Product to the Customer is calculated as follows:

For bank transfer payments – from the date the Seller’s bank account is credited.
For cash-on-delivery payments – from the date of conclusion of the Sales Agreement.
For personal collection – the Product will be ready for pickup within the period agreed upon by the Parties. The Customer will be informed by e-mail when the Product is ready for collection.
If the Order includes Products with different readiness dates, the pickup date shall be the latest indicated date.

The start of the Product readiness period for personal collection is calculated as follows:

For bank transfer payments – from the date the Seller’s bank account is credited.
For cash payment upon personal collection – from the date of conclusion of the Sales Agreement.

Delivery of the Product to the Customer is subject to a delivery fee unless the Sales Agreement provides otherwise. The delivery costs (including transport fees) are indicated to the Customer during the ordering process, including at the time of expressing the intention to conclude the Sales Agreement. Orders exceeding PLN 2000 are delivered free of charge within Poland.
Personal collection of the Product by the Customer is free of charge.
The Seller shall not be liable for failure to deliver the Product due to reasons attributable to the Customer, such as providing an incorrect or incomplete delivery address that prevents successful delivery. In such a case, the Seller shall notify the Customer of the failed delivery attempt. The cost of reshipping the Product shall be borne by the Customer.
§9a Confirmation of the Conclusion of the Agreement on a Durable Medium
After concluding the Sales Agreement, the Seller shall promptly send the Customer confirmation of the conclusion of the Agreement on a durable medium (in particular by e-mail).
The confirmation referred to in paragraph 1 shall include at least: the content of the Order placed, the applicable version of the Terms and Conditions, information on the right of withdrawal from the Agreement, and a withdrawal form template (if applicable).
The confirmation is sent to the e-mail address provided by the Customer during the Order process and constitutes a durable medium within the meaning of §2. The Customer may re-download the confirmation from their Account if such an Account has been created.

§10 Product Images

Despite the Store’s best efforts, there may be a margin of technical inaccuracy in capturing, publishing, or displaying Product images on the Customer’s device screen. The appearance of a Product may differ due to photographic technology, software, the characteristics and settings of the Customer’s display device, or other technical reasons.
The Product image does not necessarily represent the exact item ordered by the Customer but rather an item of the same model.
Product images may be accompanied by textual or symbolic information, including price, model, size, color variant, and other Product features.
In the event of any discrepancy between the Product image and the accompanying textual or symbolic information, the textual or symbolic information shall prevail.
If there are any doubts or questions regarding a Product image, Customers are advised to refrain from placing an Order and to contact the Store. The Store will provide, where possible, additional information about the Product or supplementary images.
Differences between the Product and its image, as described in this section, do not constitute a defect of the Product or a non-conformity of the Product with the Agreement.

§11 Right of Withdrawal from the Agreement

The Consumer may withdraw from the Sales Agreement within 14 days without providing any reason. The Customer may also withdraw from the Agreement via an electronic withdrawal form available on the Store’s website, if such a form is provided.
The time limit referred to in paragraph 1 begins on the day the Product is delivered to the Consumer or to a person designated by the Consumer other than the carrier.
In the case of an Agreement covering multiple Products delivered separately, in batches, or in parts, the period referred to in paragraph 1 runs from the delivery of the last item, batch, or part.
In the case of an Agreement providing for regular delivery of Products over a specified period (subscription), the period referred to in paragraph 1 begins upon taking possession of the first item.
The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before the expiry of that period.
The declaration may be sent by traditional mail or electronically by sending it to the Seller’s e-mail address or by submitting it via the Seller’s website. The Seller’s contact details are specified in §3. The declaration may also be submitted using the “Withdrawal Form” referred to in §2, the template of which constitutes Appendix No. 1 to these Terms and Conditions or the annex to the Act of 30 May 2014 on Consumer Rights, though this is not mandatory.
If the Consumer submits the declaration electronically, the Seller shall promptly send the Consumer confirmation of receipt of the declaration of withdrawal to the e-mail address provided by the Consumer.
Effects of withdrawal from the Agreement:
– In the event of withdrawal from a distance Agreement, the Agreement shall be deemed not concluded.
– Upon withdrawal from the Agreement, the Seller shall promptly, and no later than within 14 days from receiving the Consumer’s declaration of withdrawal, refund all payments made by the Consumer, including the cost of delivery, except for additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard method offered by the Seller. For deliveries outside Poland, the Seller will refund only the delivery costs equal to the cost of the least expensive delivery method available within Poland.
– The Seller shall refund the payment using the same payment method used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different method that does not involve any additional costs. The Consumer is required to provide the Seller with all necessary data to process the refund (including, in particular, postal transfer details if applicable).
– The Seller may withhold the refund until the Product is returned or until proof of its return is provided, whichever occurs first.
– The Consumer should return the Product to the Seller’s address indicated in these Terms and Conditions promptly, but no later than 14 days from the day the Consumer informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Product is sent back before the expiry of the 14-day period.
– The Consumer bears the direct cost of returning the Product, including the cost of returning items that, due to their nature, cannot be returned by regular postal means.
– The Consumer is liable only for any diminished value of the Product resulting from handling it in a manner other than what is necessary to determine its nature, characteristics, and functioning.
If, due to the nature of the Product, it cannot be returned by regular postal means, the Parties shall agree on the cost and method of return.
The right to withdraw from a distance Agreement does not apply to the Consumer with respect to Agreements:
– for goods made to the Consumer’s specifications or clearly personalized,
– for goods delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery,
– for goods that deteriorate rapidly or have a short shelf life,
– for services that have been fully performed with the Consumer’s express consent, where the Consumer was informed before the service began that after full performance they would lose the right of withdrawal,
– where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control, which may occur before the withdrawal deadline,
– for goods that, after delivery, are inseparably combined with other items due to their nature,
– for audio or video recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery,
– for the supply of newspapers, periodicals, or magazines, except for subscription agreements,
– for the supply of digital content not stored on a tangible medium, if performance began with the Consumer’s express consent before the withdrawal deadline and after being informed by the Seller of the loss of the right of withdrawal.
The Consumer acknowledges that the right to withdraw from a distance Agreement does not apply to Products offered by the Store that are made to the Consumer’s specifications or clearly personalized, namely photographic backdrops and double-sided wooden signs.

§11a Sole Proprietor (Natural Person Conducting Business Activity)

The provisions of these Terms and Conditions concerning the Seller’s liability under warranty towards the Consumer, as well as the Consumer’s right of withdrawal from the Agreement, shall also apply to a natural person concluding an Agreement directly related to their business activity, if it follows from the content of that Agreement that it does not have a professional character for that person, in particular resulting from the subject of their business activity made available under the provisions of the Central Register and Information on Economic Activity (CEIDG).

§12 Complaints and Warranty

The basis and scope of the Seller’s liability towards the Consumer in the event that the Product sold is not in conformity with the Agreement are defined by the Consumer Rights Act.
If the Product is not in conformity with the Agreement, the Consumer has the rights specified in the Consumer Rights Act. The provisions of Book Three, Title XI, Division II of the Civil Code do not apply to agreements obligating the transfer of ownership of goods to the Consumer, including in particular sales contracts, supply contracts, and contracts for goods being the result of work.
A Product is deemed to be in conformity with the Agreement if, in particular, its description, type, quantity, quality, completeness, and suitability for the specific purpose notified by the Consumer to the Seller no later than at the time of concluding the sales contract and accepted by the Seller, conform to the Agreement.
Furthermore, to be considered in conformity with the Agreement, the Product must:

be fit for the purposes for which products of the same type are normally used, taking into account applicable laws, technical standards, or good practices,
exist in such quantity and have the qualities, including durability and safety, that are typical for a product of this kind and which the Consumer may reasonably expect, taking into account the nature of the Product and any public statements made by the Seller, its legal predecessors, or persons acting on their behalf, particularly in advertising or on labeling, unless the Seller demonstrates that:

a) they were not aware of the public statement and could not reasonably have been aware of it,
b) before the conclusion of the contract, the public statement was corrected under conditions and in a form comparable to that in which it was made, or
c) the public statement did not affect the Consumer’s decision to conclude the sales contract;
be delivered with packaging, accessories, and instructions which the Consumer may reasonably expect to receive;
be of the same quality as the sample or model made available to the Consumer by the Seller prior to concluding the contract and correspond to its description.

The Seller shall not be liable for the lack of conformity of the Product with the Agreement in the scope referred to in paragraph 4, points 2 or 3, if the Consumer, no later than at the time of concluding the sales contract, was expressly informed that a specific feature of the Product deviates from the requirements of conformity specified in those points and expressly and separately accepted the lack of that feature.
If the Product is not in conformity with the Agreement, the Consumer may request that it be repaired or replaced.
The Seller may replace the Product when the Consumer requests repair, or repair it when the Consumer requests replacement, if the method chosen by the Consumer is impossible or would impose excessive costs on the Seller. If both repair and replacement are impossible or would impose excessive costs, the Seller may refuse to bring the Product into conformity with the Agreement.
In assessing the excessive cost for the Seller, all circumstances shall be taken into account, in particular the significance of the non-conformity, the value of the Product in conformity with the Agreement, and the inconvenience to the Consumer resulting from a change in the method of restoring conformity.
The Seller shall carry out the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer about the lack of conformity and without undue inconvenience to the Consumer, taking into account the nature of the Product and the purpose for which the Consumer acquired it. The Seller shall bear the costs of repair or replacement, including postage, transportation, labor, and materials.
If the Product is not in conformity with the Agreement, the Consumer may submit a declaration requesting a price reduction or withdrawal from the Agreement when:

the Seller has refused to bring the Product into conformity with the Agreement in accordance with Article 43d(2) of the Consumer Rights Act;
the Seller has failed to bring the Product into conformity with the Agreement in accordance with Article 43d(4–6) of the Consumer Rights Act;
the lack of conformity persists despite the Seller’s attempts to bring the Product into conformity with the Agreement;
the lack of conformity is so significant as to justify an immediate price reduction or withdrawal from the Agreement without first using the remedies referred to in Article 43d of the Consumer Rights Act.

The reduced price must be proportionate to the price under the Agreement, corresponding to the ratio between the value of the non-conforming Product and that of the conforming Product.
The Seller shall refund the amounts due to the Consumer as a result of exercising the right to a price reduction promptly, no later than within 14 days from receiving the Consumer’s declaration of price reduction.
To ensure proper verification of reported defects, the complained Product should be complete and include all accessories (chargers, power supplies, cables, etc.) that affect its functionality or may have contributed to the defect.
Before returning the Product to the Seller, the Consumer should properly prepare it, including:

making a backup of all data (e.g., photos, recordings, software, applications) and deleting them from the device, as data left on the device may be lost during repair;
performing actions aimed at protecting the Consumer’s privacy — in particular, deleting personal data, photos, etc.

A complaint should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions. The Customer may use the Complaint Form referred to in §2, though it is not mandatory. The Customer may also submit a complaint via an online complaint form available on the Store’s website, if such a form is provided.
It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the Customer’s details, and the Customer’s request concerning the defect of the Product.
The Seller shall respond to the complaint promptly, and if the Customer is a Consumer — no later than within 14 days. If the Seller fails to respond within 14 days, the Consumer’s complaint shall be deemed justified.
Products returned as part of the complaint procedure should be sent to the address specified in §3 of these Terms and Conditions.
If a Product is covered by a warranty, information about it and its terms shall be provided in the Product description on the Store’s website.

§13 Seller’s Liability for the Supply of Digital Content

The Seller is liable to the Consumer for any lack of conformity of digital content or a digital service supplied once or in parts that existed at the time of delivery and became apparent within two years from that moment. It is presumed that any lack of conformity of the digital content or digital service with the Agreement that becomes apparent within one year from delivery existed at the time of delivery. The Seller cannot rely on the expiry of the period for determining non-conformity if the lack of conformity was fraudulently concealed.
The Seller is liable to the Consumer for any lack of conformity of digital content or a digital service supplied continuously that occurred or became apparent during the period in which they were to be supplied under the Agreement. It is presumed that the lack of conformity occurred during that period if it became apparent within it.
The Seller is liable to the Consumer for any lack of conformity of the digital content or digital service with the Agreement in terms of updates that occurred during the period in which the digital content or service was to be supplied continuously, or for a period reasonably expected by the Consumer, taking into account the type and purpose of the content or service, as well as the circumstances and nature of the Agreement, if it provides for one-time or partial delivery.
If the Consumer fails to install an update provided by the Seller within a reasonable time, the Seller shall not be liable for the lack of conformity of the digital content or service resulting solely from the absence of such an update, provided that:
– the Seller informed the Consumer of the update and the consequences of not installing it;
– the failure to install or incorrect installation of the update did not result from errors in the installation instructions provided by the Seller.
The Seller shall not be liable for the lack of conformity of the digital content or service in the scope referred to in Article 43k(2) or (3) of the Consumer Rights Act if, no later than at the time of conclusion of the Agreement, the Consumer was expressly informed that a specific feature of the digital content or service deviates from the conformity requirements set out in those provisions and expressly and separately accepted the absence of that feature.
The presumptions set out in paragraphs 1 and 2 above do not apply if:
– the Consumer’s digital environment is incompatible with the technical requirements clearly and comprehensibly communicated by the Seller before the conclusion of the Agreement;
– the Consumer, having been clearly and comprehensibly informed before the conclusion of the Agreement of their obligation to cooperate with the Seller within a reasonable scope and using the least burdensome technical means to determine whether the lack of conformity of the digital content or service with the Agreement results from features of the Consumer’s digital environment, fails to fulfill that obligation.
If the digital content or service is not in conformity with the Agreement, the Consumer may request that it be brought into conformity. The Seller may refuse to bring the digital content or service into conformity if it is impossible or would involve excessive costs for the Seller. In assessing excessive costs, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity and the value of the digital content or service if it were in conformity with the Agreement.
The Seller shall bring the digital content or service into conformity with the Agreement within a reasonable time from the moment the Seller was informed by the Consumer of the lack of conformity and without undue inconvenience to the Consumer, taking into account their nature and purpose. The Seller shall bear the costs of bringing the digital content or service into conformity with the Agreement.
If the digital content or service is not in conformity with the Agreement, the Consumer may submit a declaration of price reduction or withdrawal from the Agreement, subject to §11(10)(9) of these Terms and Conditions, when:
– bringing the digital content or service into conformity is impossible or would involve excessive costs in accordance with paragraph 6 above, or the Seller has failed to bring them into conformity in accordance with paragraph 7 above;
– the lack of conformity is so significant as to justify a price reduction or withdrawal without first resorting to the remedies referred to in paragraphs 6 and 7;
– the lack of conformity persists despite the Seller’s attempt to bring the digital content or service into conformity;
– it is clear from the Seller’s statement or circumstances that the Seller will not bring the digital content or service into conformity within a reasonable time or without undue inconvenience to the Consumer.
The reduced price must be proportionate to the price under the Agreement, reflecting the ratio between the value of the non-conforming digital content or service and that of the conforming one. If the Agreement provides for the delivery of the digital content or service in parts or on a continuous basis, the price reduction shall take into account the period during which the digital content or service was not in conformity with the Agreement.

§14 Provisions Concerning Entrepreneurs

For the avoidance of doubt, the provisions set out in this §14 of the Terms and Conditions apply exclusively to Entrepreneurs and do not apply to Consumers.
If the Customer is an Entrepreneur, the parties exclude the Seller’s liability under warranty and the Seller’s liability for damages to the fullest extent permitted by mandatory provisions of law.
For the avoidance of 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 follows from the content of that Agreement that it does not have a professional character for that person, in particular resulting from the subject of their business activity made available under the provisions of the Central Register and Information on Economic Activity (CEIDG).
Any disputes arising between the Seller and the Entrepreneur shall be submitted to the common court having jurisdiction over the Seller’s registered office.

§15 Complaints Related to the Use of Electronic Services

The Customer may submit a complaint to the Seller regarding the use of electronic services provided by the Seller. A complaint may be submitted in electronic form. The complaint should include a description of the issue encountered. The Service Provider shall review the complaint promptly, but no later than within 14 days, and provide the Customer with a response.

§16 User Responsibility for Posted Content

To monitor user satisfaction, improve service quality, and support sales operations, the Seller may allow Users to publish photos, post opinions, ask and answer questions, and provide reviews concerning the functioning of the Online Store and its Products.
The User declares that:

they do not hold any rights, including copyrights or related rights, to any content other than the rights to use such content as set out in these Terms and Conditions, and the rights to the content they themselves have posted, including opinions, reviews, and photos. The User is not authorized to reproduce, distribute, make public, or disseminate any content, unless such authorization arises from law or these Terms and Conditions;
they are not authorized to interfere in any way with the content, in particular with the structure, form, graphics, functionality, or other elements of the Online Store; they may not make any changes, modifications, additions, or other alterations except as explicitly permitted under these Terms and Conditions.

By posting content in the Online Store, including photos, reviews, and opinions that constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, the User grants the Seller a non-exclusive, royalty-free, and indefinite license to use such works. This license includes, in particular, making the work publicly available so that anyone can access it at a place and time of their choosing (via the Internet). The license is granted for all fields of exploitation known at the time of its granting, including but not limited to:

Fixation and reproduction – producing copies using any technique, including digital or sound techniques, on any audiovisual or audio medium, such as light-sensitive, magnetic, analog, IT, digital, multimedia, video, optical discs, compact discs, computer disks, and within multimedia networks (including the Internet, intranet, and related online services), as well as use in online media, television, radio, or advertising;
Distribution of originals or copies – placing into circulation, lending, or leasing originals or copies of the work;
Use of all or part of the work – in any publication, press release, book, album, digital or online publication, bulletin, or newsletter, either alone or in combination with other works, and for promotional or advertising purposes, including audiovisual or media advertising;
Dissemination by other means – public performance, exhibition, display, playback, broadcasting, rebroadcasting, and making the work available to the public so that anyone may access it at a place and time of their choosing.

It is prohibited for Users to post content that could, in particular:

be made in bad faith, e.g. with the intent to infringe the personal rights of third parties;
violate any rights of third parties, including copyrights, related rights, industrial property rights, trade secrets, or confidentiality obligations;
be offensive or threatening toward others, or contain language that violates good manners (e.g. vulgar or commonly offensive terms);
be contrary to the Seller’s legitimate interests;
otherwise violate these Terms and Conditions, good manners, applicable law, or social and moral norms.

The User undertakes not to post content containing links to external websites of a promotional or advertising nature, or containing personal data of third parties.
If a User, or any other person or entity, believes that content published on the Online Store’s website violates their rights, personal interests, decency, morals, beliefs, principles of fair competition, know-how, or legally protected or contractually confidential information, they may notify the Seller of the potential violation.
The Seller reserves the right to remove any content posted by a User that fails to meet the requirements set out in §16 of these Terms and Conditions.

§17 Out-of-Court Complaint Handling and Redress Procedures

Detailed information on the Consumer’s ability to use out-of-court complaint handling and redress procedures, as well as the rules of access to these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection (UOKiK):
http://www.uokik.gov.pl/spory_konsumenckie.php
http://www.uokik.gov.pl/sprawy_indywidualne.php
http://www.uokik.gov.pl/wazne_adresy.php
The Consumer has, among others, the following options for using out-of-court complaint handling and redress procedures:
– The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from an Agreement concluded with the Seller.
– The Consumer is entitled to apply to the Voivodeship Inspector of Trade Inspection, in accordance with Article 36 of the same Act, with a request to initiate mediation proceedings to amicably resolve a dispute between the Consumer and the Seller.
– The Consumer may also obtain free assistance in resolving a dispute between themselves and the Seller by using the free help of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Federation of Consumers or the Association of Polish Consumers).

§18 Personal Data in the Online Store

The administrator of Customers’ personal data collected through the Online Store is the Seller.
Personal data of Customers collected by the administrator through the Online Store are processed for the purpose of performing the Sales Agreement, and if the Customer gives consent – also for marketing purposes.
The recipients of Customers’ personal data from the Online Store may include:

Accounting offices providing services to the Seller.
In the case of a Customer using delivery via postal or courier services, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary responsible for delivering shipments on behalf of the Administrator.
In the case of a Customer using the Dropshipping service, the Administrator provides the collected personal data of the Customer to the selected Supplier responsible for shipping the Product on behalf of the Administrator.
In the case of a Customer using electronic payment or card payment services in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity processing such payments in the Online Store.

The Customer has the right to access and correct their personal data.
Providing personal data is voluntary; however, failure to provide the personal data required by these Terms and Conditions that are necessary to conclude a Sales Agreement will result in the inability to conclude such an agreement.

§18a Personal Data Processing Agreement

This Personal Data Processing Agreement (hereinafter the “Processing Agreement”) is entered into between the Seller (hereinafter also referred to as the “Processor”) and the Licensee (hereinafter referred to as the “Controller”).
The Parties enter into this Processing Agreement in view of the following:
– The Licensee downloads the Fotillo software from the Seller’s website. Photos taken using the Fotillo software are stored on servers managed by the Seller and operated by home.pl S.A., based in Szczecin. Depending on the Controller’s choice, photos may also be stored in the “sent messages” folder on a home.pl S.A. e-mail account managed by the Processor.
– The purpose of this Processing Agreement is to define the conditions under which the Processor performs processing operations on Personal Data on behalf of the Controller.
By entering into this Processing Agreement, the Parties intend to ensure that the rules for processing Personal Data 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 (the “GDPR”).
Under the terms of this Processing Agreement, the Controller may entrust the Processor with the processing of Personal Data.
Processing may include the following categories of personal data (the “Personal Data”):
– photographs,
– e-mail addresses.
Categories of data subjects: persons appearing in photographs taken using the Fotillo software.
Processing operations that may be performed in relation to Personal Data include: collection, organization, storage, retrieval, disclosure by transmission, sharing, restriction, and erasure.
The Processor may subcontract specific processing operations to other processors.
When processing Personal Data, the Processor is required to comply with applicable law and the provisions of this Processing Agreement.
The Processor shall ensure the protection of Personal Data and implement data protection measures referred to in Article 32 of the GDPR, in accordance with this Agreement’s further provisions.
The Processor must immediately inform the Controller of:
– any circumstances affecting the protection or security of Personal Data,
– the initiation of any inspection or administrative proceedings by a supervisory authority,
– administrative decisions or rulings issued by a supervisory authority relating to the entrusted Personal Data,
– any complaints, requests, questions, or other statements addressed to the Processor regarding the Data.
The Controller declares that they are the administrator of the Personal Data and are authorized to process them to the extent entrusted to the Processor. If the Personal Data do not belong to the Controller, the Controller declares that they have obtained the consent of the data subject and informed that person about the processing of their Personal Data by the Processor.
The Controller is obliged to cooperate with the Processor in connection with data processing under this Agreement.
The Controller acknowledges that they are obliged to fulfill the information obligations towards the data subjects and inform them that their Personal Data will be processed by the Processor.
This Processing Agreement is concluded for an indefinite period and may be terminated by either Party with immediate effect.
Upon termination of this Processing Agreement, the Processor shall no longer process the entrusted Personal Data, unless another legal basis exists.
Upon termination of this Agreement, the Processor is obliged to delete the Personal Data.
This Processing Agreement is governed by Polish law and the GDPR.

§19 Rights and Obligations of the Licensee

The Licensee is obliged to comply with the terms of this Agreement and the License attached to each software product, as well as to make timely payments for the services provided by the Licensor.
The Licensee is responsible for familiarizing themselves with the technical requirements of the hardware on which the Software is to be installed.
The Licensee shall install the Software in accordance with the instructions received from the Licensor after payment has been made.
The Licensee may use the Software on more than one computer workstation.
The Licensee shall not interfere with the program’s source code, decompile files, or independently modify the operation of the program. Any attempt to do so shall be considered a violation of copyright and subject to a penalty of PLN 500,000 (in words: five hundred thousand Polish zlotys).
The Licensee accepts the additional License terms when downloading the Fotillo Software along with all add-ons.

§20 Dropshipping

Unless otherwise agreed by the Parties, Dropshipping consists in transferring the process of shipping the Product to the Supplier.
The Supplier bears sole responsibility for the correct delivery of the Product.
The Seller’s service, consisting of forwarding the Order details to the Supplier, is initiated by the Customer through placing an Order in the Store.
The Customer is entitled to place Orders under the Dropshipping service in accordance with the terms set out in §7 of these Terms and Conditions.
As part of the Dropshipping service, the Customer may use the payment and delivery methods referred to in §8 of these Terms and Conditions.
The relevant provisions of these Terms and Conditions, including the Customer’s right to withdraw from the Sales Agreement (§11), apply to the rights and obligations of Customers ordering Products under the Dropshipping service.
The processing of Customers’ personal data is carried out in accordance with applicable data protection laws, including in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the General Data Protection Regulation – GDPR) and the Polish Personal Data Protection Act of 10 May 2018.
The processing of personal data by the Supplier under the Dropshipping service is also carried out in accordance with the standards set out in the Privacy Policy, whereby the administrator of the Customer’s personal data is the Seller – as the entity that, by commissioning the Supplier to deliver the Product to the Customer, independently collects the Customer’s personal data and determines the purpose of processing before transferring such data to the Supplier.
The Customers’ personal data are transferred to and processed by the Supplier solely for the purpose of providing the Dropshipping service on behalf of the Seller.
The Supplier shall not share personal data with third parties, except for the carrier, for the purpose of delivering the Product to the Customer. Each Customer has the rights specified in detail in the Privacy Policy. A Customer’s request for data deletion shall be deemed equivalent to the immediate termination of any Dropshipping agreement concerning the delivery of Products to that Customer’s address.

§21 Final Provisions

Contracts concluded through the Online Store are made in the Polish language.
The Seller reserves the right to amend these Terms and Conditions for valid reasons, such as changes in applicable law or in payment and delivery methods — to the extent that such changes affect the implementation of these Terms and Conditions. The Seller shall notify the Customer of any amendments at least 7 days in advance. The amended Terms and Conditions will be made available on the Store’s website in a manner that allows them to be obtained, reproduced, and stored.
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, such provision shall be excluded, and the validity and enforceability of the remaining provisions shall not be affected.
In matters not covered by these Terms and Conditions, the applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and the Personal Data Protection Act.
Any disputes arising from a Sales Agreement concluded between a Consumer and the Seller under these Terms and Conditions shall be resolved by a competent common court. Any disputes arising between the Seller and a Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office.