Terms and Conditions of Use
Regulations set out the principles of providing sales services through the website - is a document required under Art. 13 of the Act of 30 May 2014. CONSUMER Rights (Journal of Laws 2014, item 827). It applies to customers from European Union.
ADMINISTRATOR for this website
and SELLER of the WEB SERVICE is:
QED Karol Szklarski
Address: ul. Amundsena 3a/29, 80-288 Gdańsk
The company entered into the Central Register and Information on Economic Activity (CEIDG)
Tax number (NIP): PL5842491886
- CLIENT - a natural person and a legal entity or an organizational unit which is not a law person, the provisions of which grant special legal capacity, but which performs or intends to enter into a contract or use the other services offered via the WEB SERVICE.
- CONSUMER - CLIENT - a natural person effecting with SELLER legal transaction not directly related to its business activities - precise definition - Article 22 of the Civil Code.
- SERVICE - a service registration and the presentation of routes and tours offered in the WEB SERVICE www.triptrack.pl.
- AGREEMENT - the agreement for provide a service is concluded electronically, if a part to a contract is a CONSUMER, this is done under the conditions described in the Act of 30 May 2014. on Consumer Rights (Journal of Laws 2014, item 827).
- ORDER – statement made electronically about the willingness to conclude an agreement for the provision of services.
B. Description of the service offered by WEB SERVICE
- SERVICE through the functionality of the web service allows registered users to create presentations and put them in route descriptions (trips) with pictures and recorded using GPS defeated routes (traces)
- SERVICE does not monitor does not verify and is not responsible for the content posted by users. User is solely responsible for the content posted on this website and for the intellectual property rights to the posted contents and images. All photos and contents posted on the Website are protected under the Act dated 4 February 1994. On Copyright and Related Rights - (Official Gazette 1994 No. 24, pos. 83, as amended.) - Have a creative and individual character. They can not be copied without permission.
- WEB-SERVICE reserves the right to partially or completely remove or block the user's account, in case of suspicion of placing the content for unlawful or recognize them as incompatible with the interests of the web-service
C. Provisions of service
- WEB SERVICE offers services in two packages: a free "Free" and paid "Premium”.
- The package "Free" allows you to store and present only a limited number of trips.
- The package "Premium" allows you to use service without the limits imposed by the package "Free".
- After assuming by the user an account on this web service, the user receives package "Premium" for free for a trial period.
- After the end of the trial period the user may remain in the "Premium" by making a payment or switch to "Free".
- Package "Premium" can be paid as a subscription on a monthly or annual basis.
- Monthly or an annual subscription will automatically renewed until further notice by the user.
- After the cancellation of subscription package "Premium" will be active until the end of the paid period.
- Payments shall be made via PayPal Subscriptions and Recurring Payments. The WEB SERVICE does not collect or store credit card numbers or other information to complete the payment.
- Package "Premium" can be extended free of charge at the discretion of the administrator.
- WEB SERVICE can be used from any place on the world.
- Service "Premium" is available from the moment of payment via PayPal.
D. General Provisions
- Before placing the order CUSTOMER must be familiar with these rules. The fact read and accept all the provisions of these Regulations explicitly confirms during registration in the system and before the final confirmation order. The order form will not be accepted without such confirmation.
- CUSTOMER - is obliged to enter data into the system in line with the facts that are consistent with the law and morality. Shared data can not violate personal rights or property rights of third parties.
- Commercial information - pricing, descriptions, advertising and other product information contained on the SELLER WEBSITE constituting an invitation to contract within the meaning of Art. 71 of the Civil Code.
- SELLER shall apply to the Code of Good Practice within the meaning of the Act of 23.08.2007 on combating unfair commercial practices (content available at www.uokik.gov.pl/download.php?id=546)
- Order by electronic means can be placed 24 hours a day, 7 days a week
E. Prices and method of payment
- Given in the offer of Web service prices of products are in the US dollar currency and are gross prices (including taxes required by law including VAT tax).
- All prices are retail prices and do not include rebates and discounts. Rebates and discounts can be awarded individually.
- The price binding for the CUSTOMER is currency in the time of order.
- Payments shall be made via PayPal basing on a monthly billing cycle that recurs until subscriptions are canceled. Payments via PayPal are fast and secure. Detailed information about payments is available at: https://www.paypal.com/pl/webapps/mpp/paypal-popup
F. The right to withdraw from the contract
- Placing an order for the services of the Web SERVICE means an order for the supply of digital content which is not stored on an external storage device. By making a payment for a service the CUSTOMER orders and consents to the immediate commencement of the service and therefore waives its right to cancel the contract within 14 days of its conclusion basing on - Article 27 of the Law on CONSUMER Rights (Dz. U. 2014 pos. 827).
- The CUSTOMER can cancel the service at any time. For this purpose, CUSTOMER should submit to SELLER declaration of withdrawal from the contract. It is also important statement sent electronically - you can use the finished form (withdrawal-form.pdf). In the case of make a statement in an electronic form the SELLER will immediately send the CONSUMER on a durable medium acknowledgment of receipt of the declaration of withdrawal from the contract.
- Paid fees are charged in advance and is not refunded in case of cancellation from subscriptions before the expiry of its validity.
G. The liability under the warranty and warranty services
- The SELLER is obliged to deliver a PRODUCT which is the subject of the contract - without the drawbacks.
- In case of defect or non-compliance of the delivered PRODUCT with the contract, the consumer has the right to lodge a complaint.
- To file a complaint, we recommend that the CONSUMER has fulfilled a complaint protocol (DrukReklamacyjny.doc), or any other form described the basis of the complaint and a request regarding the removal of faults and sent the application electronically (e-mail) or by post to the address of the SELLER.
- If the sold item has a defect, the customer can make a statement with a request to reduce the price or to withdraw from the contract, unless the SELLER immediately and without undue inconvenience to the purchaser will remove the defect.
- The SELLER consider the complaint without undue delay. No later than within 14 calendar days from the date of receipt of the complaint and inform at the time in writing or electronically the CONSUMER on the status of the complaint. Leaving a complaint at this time no response is tantamount to recognition of the complaint.
H. The processing and protection of personal data
- The ADMINISTRATOR of personal information collected through the WEB SERVICE is a SELLER.
- The ADMINISTRATOR reported to the registry Chief Inspector for Personal Data Protection (GIODO) collection of personal data processed in connection with this web site.
- Providing CONSUMER personal data is voluntary, but failure to set out in the Regulations of personal data necessary to conclude the Agreement for the provision of electronic services may result in inability to enter into this agreement.
- To implement the service agreement is necessary to provide the following information from CONSUMER:
- surname and name;
- Any personal information provided during the ordering process solely for the purpose of shaping, to make , execution, amendment or termination of the Agreement between the SERVICE PROVIDER and the CLIENT and is not shared with other institutions or third parties. Data acquisition and processing is carried out in accordance with the Act of 29 August 1997. Data Protection / Journal. Laws No. 133, item. 883, as amended.
- The CUSTOMER has the right to access their data, correct them and demand their removal at any time.
I. Technical Conditions of Use
- The SELLER - in order to allow conclusion of a contract evidenced by a website WEB SERVICE services:
- the establishment and administration of the CLIENT in the WEB SERVICE;
- processing the order form product orders in the WEB SERVICE;
- Using of electronic services in the above-mentioned range is free.
- The contract for the provision of electronic services involving the conduct and administration of the Customer's account on the WEBSITE is concluded for an indefinite period. For the moment the agreement is deemed to as completing the registration process by CUSTOMER on the WEBSITE.
- The contract for the provision of electronic services which enable submission of the Order services in the WEB SERVICE by filling out the order form is concluded for a definite period - the period for filing and processing of orders - and shall terminate upon the submission and acceptance of orders.
- The CONSUMER can withdraw from the contract for the provision of the service without giving a reason within 14 days of the conclusion of the contract - with the exception of when the provision of the service starts before the expiry of that period with the consent from CONSUMER - making entrepreneur declaration of withdrawal from the contract:
- using an electronic model withdrawal form (Annex to the Regulation)
- by making a statement on the website,
- by e-mail or in writing to the address of the SELLER (SERVICE PROVIDER)
- In the case of services for an indefinite period of both parties have the right to terminate the contract:
- The CONSUMER can terminate the agreement for the provision of electronic services at any time by submitting a relevant declaration in electronic or written form to the address of the SELLER. The SELLER shall immediately confirm the receipt of the declaration. The SELLER within 7 days of receiving the notice will delete the data records of protected personal data relating to cessation of the service and its of providing.
- The SERVICE PROVIDER may terminate the agreement for the provision of electronic services if the CONSUMER objectively and unlawfully grossly violates the Rules - with a term of notice 30 days from the date of such notice. If the two parties are entrepreneurs SERVICE PROVIDER may therefore terminate the contract for the provision of Electronic Services with immediate effect.
- CUSTOMER and SERVICE PROVIDER may terminate the agreement for the provision of electronic services at any time by agreement between the parties
- Complaints will be dealt immediately, not later than within 14 days. The complaint was not resolved during this period means the recognition of the complaint.
J. Final provisions - legal information
- The agreement is concluded in Polish and under the jurisdiction of Polish law.
- The provisions of these Regulations are not intended to exclude or limit any rights of CUSTOMER who is also a CONSUMER within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, pos. 93, as amended.) - Which he is entitled under applicable law . In the case of non-compliance of the provisions of these Regulations with the above provisions, priority is given to those provisions.
- In matters not covered by these Regulations will apply the relevant provisions of law, in particularly:
- The Act of 23 April 1964. Civil Code (Journal of Laws 1964 No. 16, item. 93, as amended.);
- The Act of 29 August 1997. Protection of Personal Data (Journal of Laws of 2002 No. 101, item. 926, as amended.);
- The Act of 18 July 2002. On the provision of electronic services (Journal of Laws 2013, item. 1422);
- The Act of 30 June 2000. Industrial property rights (Journal of Laws 2001 No. 49, item. 508 as amended.);
- The Act of 4 February 1994. On copyright and related rights (Journal of Laws 2006 No 90, item. 631, as amended.)
- The Act of 30 May 2014. On consumer rights (Journal of Laws of 2014, item 827). The Act transposing the Directive of the European Parliament and of the Council into the Polish legislation. The rights of buyers and the obligations of sellers will be identical throughout the EU.
K. Information about the possibility of settling disputes in an amicable way
- In case of disputes related to the execution of the agreement the parties will seek to resolve the dispute through arbitration out of court - including the resolution of the dispute in the mediation proceedings. If you do not settle the dispute amicably jurisdiction to resolve the dispute would be the Civilian Court.
- In carrying out the obligation to indicate extrajudicial means of dealing with complaints and redress and access policies for these procedures, you are hereby notified that:
- a) Urban (district) Ombudsman for CONSUMER help residents each district and town with district rights. Consumers can from him get free legal advice or information on issues relating to each type of dispute with a vendor or service provider; whatever the place of establishment of the entrepreneur. Sometimes ombudsman for consumer rights for entrepreneurs intervention on behalf of the consumer: presents its claims and current legal status and indicates the correct way to consider the complaint. In addition, they assist in the preparation of the application, and can even join already pending court proceedings to act on behalf of and in favor of CONSUMERS;
- b) there is a possibility to refer the matter by a standing arbitration consumer court, it is. a court of civil disputes, operating at provincial inspectorate's of the Trade Inspection (WIIH) and at their branch-office. Consumer arbitration courts deal with disputes between CONSUMERS and traders if they result from the sale agreement or service contract. To review the case required the consent of both parties. The court consists of arbitrators appointed by representatives of entrepreneurs and CONSUMERS. Proceedings before the court of arbitration is less formal than proceedings before the ordinary courts, as well as a shorter duration. It is also much cheaper because they do not entry fee, and the only costs may involve the need for the appointment of experts. The contact details for solid consumer arbitration courts are available on the website UOKiK at: HTTP://www.uokik.gov.pl/wazne_adresy.php#faq596;
- c) it is possible to refer the matter to mediation. It takes place at the provincial inspectorate's of the Trade Inspection - the mediation proceedings between the trader and the CONSUMER, initiated at the request of the CONSUMER or its own motion, is free (except for the possible cost of opinion outsourced to experts). The purpose of the Trade Inspection is objective and independent representation of parties to a contract the current legal status and possible proposals for amicable settlement of the dispute. The mediator determines the parties a deadline for an agreement. If it is exceeded, or a statement of at least one of the parties that it does not give its consent to such end of the case, withdraws from the mediation. The contact details provincial inspectorate's commercial controls are available on the website UOKiK at: http://www.uokik.gov.pl/wazne_adresy.php#faq595
- d) get free help on settlement of the dispute between the Federation of CONSUMER using the free consumer helpline (+48) 800 007 707.
- The content of points a), b) and c) above was taken from the http://www.prawaKONSUMENTA.uokik.gov.pl
Attachment - Withdrawal Form
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