TERMS AND CONDITIONS
The website available at https://cosmicweb.io/ is made available by the Service Provider on the terms and conditions set out in this document, which constitute the regulations pursuant to the Act of 18 July 2002 on the provision of electronic services (hereinafter referred to as the „Regulations”).
This Regulation defines the principles of using the Website, types of electronic services provided through the Website and the rights and obligations of Users and Service Provider. Each user of the Website is obliged to become familiar with these Regulations.
Service Provider contact details:
– phone: +48 786 886 775,
– e-mail address: firstname.lastname@example.org.
- Internet Service (Service) – website available at https://cosmicweb.io/.
- Service Provider – Łukasz Filipowski running the business activity under the name MindCode Łukasz Filipowski at the address ul. Centralna 248, 32-048 Jerzmanowice, NIP: 5130258231, REGON: 382149482, entered in the Register of Entrepreneurs of the Central Registration and Information on Business Activity conducted by the Minister of Development, Labour and Technology.
- User orService Recipient – a natural person, a legal person or an organisational unit without legal personality, which is granted legal capacity by the law, using the Website or Services provided by the Service Provider.
- Service – service provided electronically by the Service Provider to the User through the Website or according to the offer placed on the Website.
- Paid Service – a service the provision of which is conditional on the payment of a fee by the User.
- Contract – an agreement concluded between the Service Provider and the User, the purpose of which is to provide Paid Services.
- Newsletter – a service that allows you to subscribe to and receive electronically free information about services and promotions of the Service Provider or its business partners.
§2. General provisions
- The service provider undertakes to provide services to the User to the extent under the terms and conditions set out in the Terms and Conditions.
- The provisions of these Terms and Conditions concerning consumers shall apply respectively to a natural person who concludes an agreement directly related to his/her business activity, if it follows from the content of this agreement that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
- It is forbidden for the User to provide unlawful or offensive content to the Website. The User is obliged to use the websites in a manner not interfering with their functioning, in particular by not using specific software (including malicious software) or devices.
- Particular risks associated with the use of services by electronic means is the possibility of unauthorised persons gaining access to data transmitted over the network or stored on computers connected to the network and interfering with this data, which may result, in particular, in its loss, unauthorised change or disabling the use of services offered using the Website.
§3. General Conditions of Service
- Services provided electronically by the Service Provider consist in particular in:
- enabling the User to access the Website, including the offer, news and other information published on the Website, and to display it on the User’s terminal device,
- enabling the User to complete a contact form to place an order for Services provided by the Service Provider or to place an order for a Service directly via the Website using the order form,
- provision of paid Services,
- performance of the „Newsletter” type service.
- Technical requirements necessary to use the services provided by the Service Provider:
- device with access to the Internet,
- a web browser supporting cookies,
- access to e-mail.
- The user pays the fees related to Internet access and data transmission in accordance with the tariff of their Internet service provider.
- The user pays the fees related to Internet access and data transmission in accordance with the tariff of their Internet service provider.
- The User may terminate the Service at any time. The legal consequences of termination of the Service shall be determined by the mandatory provisions of law applicable due to the legal nature of the Service provided and the provisions of these Regulations.
- Restoration of access to the Service starts at the moment of display on the User’s end device of the content contained in the Service and ceases at the moment of leaving the Service by the User.
- An agreement for electronic provision of the „Newsletter” service is entered into for an indefinite period of time when the User signs up for the „Newsletter” service using the functionality available in the Site.
- Payable services are provided under conditions consistent with the description of the Service available on the Website or on the basis of a separately concluded Agreement.
§4. Service Agreement
- By concluding the Agreement, the Service Provider undertakes to provide the Service which is the subject of the Agreement to the Customer.
- Service Provider allows the following modes of concluding Contracts:
- within the written form with simultaneous presence of the Parties,
- within the written form without the simultaneous presence of the Parties by sending the Agreement through the postal operator or to the e-mail address of the Customer,
- without written form through an exchange of e-mail correspondence, the content of which clearly indicates the subject matter of the Agreement, the conditions for the implementation of the Agreement, the price of Services and the method of payment, if the Parties have expressly accepted the agreed conditions and Service Provider has confirmed the accession to the implementation of Services,
- through the Service using the order form.
- The Service Provider reserves the right to limit the available modes of concluding Contracts due to the type of Service that is to be the subject of the Contract.
- When a separate Agreement is concluded, its provisions take precedence over the provisions of these Terms and Conditions.
- The date of conclusion of the Agreement shall be the date specified in the Agreement, and in the case referred to in paragraph 2(c), the date on which the Service Provider has confirmed the commencement of performance of the Service. For Contracts concluded according to the procedure referred to in paragraph 2(d), the moment the Contract is concluded shall be the day on which the User has made full payment for the Service in accordance with the payment methods available on the Site.
- The Service shall be performed in accordance with the date specified in the Agreement or in accordance with the description of the Service contained on the Website.
- Where performance of a Service depends on an advance payment by the Client, the Service Provider shall suspend performance of the Service until receipt of payment. The day on which the payment is credited to the Service Provider’s bank account shall be considered as the day of payment receipt.
- The User may place orders for selected Services through the Service using the order form.
- To order a Service through the Website, the User selects one of the available Services and completes the order form. After filling in the order form, the User confirms his/her will to be bound by the Agreement by clicking on the „I am ordering and paying” button and makes payment using the electronic payment system to which he/she is automatically redirected from the Website. The User receives a message from the Service Provider to the e-mail address provided when placing the order, confirming that the order has been accepted and specifying its essential conditions.
- The User is obliged to provide his/her own equipment and IT infrastructure to access the Services provided online, in particular Internet access, a computer with an installed current web browser updated to the latest version and any additional software necessary for the implementation of the Services.
§5. Prices and payment conditions
- The prices of the Services applied by the Service Provider are expressed in Polish zlotys (PLN) and are gross prices, unless otherwise stated in the sales document, description of the Services on the Website or in the Agreement.
- The Service Provider documents the sale of Services with a VAT invoice. The Client accepts to receive the VAT invoice electronically without the signature of the Service Provider.
- Payment for the purchased Service shall be made to the Service Provider’s bank account indicated on the invoice or through one of the electronic payment systems available on the Website.
- If the Parties have agreed that payment shall be made on a deferred basis, the Client shall pay on the date and under the conditions specified on the invoice issued by the Service Provider, unless the Parties have agreed otherwise.
- In case of a delay in payment, the Service Provider is entitled to request the Client, who is an entrepreneur, to pay statutory interest for a delay in commercial transactions and to charge the Client a lump sum of €40by way of compensation for recovery costs pursuant to Art. 10 of the Act on counteracting excessive delays in commercial transactions.
§6. Online payments
- The moment of payment is considered to be its positive authorization by the provider of electronic payment system.
- In case of a need to refund funds for a transaction made by the User with a payment card, the Service Provider shall make the refund to the bank account assigned to the User’s payment card.
§7. Liability of the Service Provider
- The service provider informs that, according to Article 15 of the Act of 18 July 2002. on the provision of services by electronic means is not obliged to check the data transmitted, stored or made available by him, as referred to in Article 12-14 of the said Act, unless the data originate from him.
- The Service Provider shall not be liable for Users’ obligations arising from their actions on the Website.
- Service Provider shall not be liable for data entered by Users on the Website and shall not be liable for activities performed by the User, which have contributed to any damage in relation to this User or other Users or third parties, or have prevented or hindered the provision of services by Service Provider.
- The Service Provider shall not be liable for the content of the websites and for any potential damage incurred by the Users or any third parties in connection with access to the websites to which links available on the Website may lead.
- The Service Provider shall not be liable for interruptions in the functioning of the Service and the damages incurred by the User on this account if they were caused by the operation of a force majeure which could not have been foreseen, and in the case when the occurrence of the force majeure was foreseeable – when the consequences of its occurrence could not have been prevented.
- Risks associated with the use, application, possession and use of information made available on the Website shall be borne by the User. Service Provider shall not be liable to Users or third parties for any damages, whether direct or indirect, related to the use of information made available on the Website.
- In the case of damage incurred by the User and resulting from intentional actions of the Service Provider, the Service Provider shall only be liable for the actual damage incurred by the User, with the proviso that the Service Provider’s liability shall be limited to the amount of the payment made by the User for the Service, unless otherwise provided by separate consumer rights.
§8. Withdrawal from the contract
- The User who is a consumer has the right to withdraw from a contract concluded at a distance or off the business premises of the Service Provider within 14 days from the day on which the contract was concluded. Sending a statement to the Service Provider’s registered office or e-mail address is sufficient to meet the deadline.
- In the event of withdrawal from the agreement, the agreement shall be considered as not concluded and the consumer shall be released from any obligations (except for the situation specified in paragraph 3). Payments made by the consumer will be returned by the Service Provider in the same form in which the consumer made the payment, unless the consumer agrees to return the payment in another way that does not impose an additional burden on him. Reimbursement shall be made within 14 days of withdrawal from the contract.
- In the case of an agreement the subject of which is a service and the beginning of its performance with the express consent of the consumer began before the expiry of the statutory period for withdrawal from the agreement, the consumer in the event of withdrawal from the agreement is obliged to pay the Service Provider for the services provided until the withdrawal from the agreement. If the Service Provider has fully performed the service at the express request of the consumer before the expiry of the withdrawal period, the right of withdrawal shall expire.
- In connection with Article 38 of the Act of 30 May 2014 on consumer rights, the right of withdrawal does not apply, inter alia, to agreements:
- provision of services, if the Service Provider has performed the service in full with the express consent of the consumer, who has been informed before the performance begins that after the performance by the Service Provider he will lose the right to withdraw from the contract;
- for the supply of digital content which is not recorded on a tangible medium, if performance has begun with the consumer’s express consent before the end of the period for withdrawal and after the trader has informed the consumer of the loss of the right to withdraw from the contract.
§9. Complaint Procedure
- In case of non-performance or improper performance by the Service Provider of the services provided through the Website, the User is entitled to lodge a complaint by e-mail to email@example.com.
- A correctly filed complaint should contain the User’s identification (name and surname and e-mail address), the subject of the complaint together with the indication of the period to which the complaint pertains and the circumstances justifying the filing of a complaint. In the case of incomplete data, the Service Provider shall call the User to supplement the data within a period not longer than 7 days.
- Claims shall be considered by the Service Provider within 14 days of receiving the complaint.
§10. Intellectual Property
- All content published on the Website (including graphics, text, page layout and logos) and not originating from Users or other suppliers, enjoy the protection provided for copyright and are the exclusive property of Provider. The use of such content without the written consent of the Service Provider will result in civil and criminal liability.
- The User is obliged to use all content posted on the Website within the Website only for his/her own personal use. Use of the content in other scope is allowed only if so indicated by the Service Provider on the Website.
- Use of the Website, including use of text materials, graphics, photos, applications, databases or other content does not mean acquisition by the User of any rights in relation to the indicated content, and in particular does not mean acquisition of copyrights, related rights or licenses.
- It is forbidden to undertake the following actions without the express consent of the Service Provider:
- copy, modify and electronically or otherwise transmit the Website or any part thereof, as well as individual content made available through it,
- dissemination in any way of the content published on the Website,
- distribution of the content of databases and its secondary use in whole or in part.
§11. Final provisions
- The Provider reserves the right to change these Terms and Conditions. The Service Provider shall inform the User about any changes to the Terms and Conditions on the Website at least 14 days before the changes become effective. The change of provisions of the Regulations does not apply to Users who placed an order for the Service while the previous version of the Regulations was in force. An amendment to the Regulations during a continuous contractual relationship shall be binding on the other party, if the requirements set out in Article 384 of the Civil Code have been observed, and the party has not terminated the contract within the period of notice of 14 calendar days.
- The Service Provider reserves the right to temporarily disable access to the Website or selected functionalities of the Website in case it is necessary to expand or maintain the Service Provider’s technical or ICT resources related to operation of the Website.
- For all other matters not regulated by these Terms and Conditions the relevant provisions of Polish law shall apply.
- Disputes arising from the provision of services under these Terms and Conditions shall be resolved amicably in the first instance. If a dispute is not resolved amicably within 2 months of its occurrence, it shall be referred for settlement to a common court of law in accordance with the Service Provider’s registered office, unless otherwise provided by the applicable law.
- The User who is a consumer has the right to use out-of-court dispute resolution methods and pursue claims through mediation or arbitration. Irrespective of this, the consumer may turn to the municipal (district) consumer ombudsman for assistance. All necessary information can be obtained from the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl In addition, a User who is a consumer may use electronic dispute resolution with the Service Provider via the ODR platform available at http://ec.europa.eu/consumers/odr/
- The Rules shall come into force on 22 January 2021.