Terms & Conditions

Website Terms and Conditions

Introduction

These Terms and Conditions are the document referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended). They regulate the conditions for concluding Sales Agreements on the Website, in accordance with the content of other laws appropriately regulating this obligation.

Digital Content Offer

The Digital Content offered on the Service is characterized by Functionality, Compatibility, and Interoperability with devices that meet the technical requirements indicated in their description. This information does not constitute an offer in the sense of legal provisions, and the client’s order of Digital Content equates to submitting an offer to purchase the selected Digital Content under the conditions specified in the product description.

Website Administrator

The service is operated by Szymon Nalewajko, conducting business under the name: Szymon Nalewajko, registered in the Central Registration and Information on Business (CEIDG), VAT ID: 7521405482, with its registered office at: Namysłowska 33, 46-112 Place. Contact: contact@velesdc.com.

The exclusive right to run the Service is held by the entity indicated, who is the Owner, Seller, and Administrator of the Service. If you have any questions, please contact us at the provided contact details.

Website Operating Principles

The Service operates in accordance with applicable legal regulations and with respect for good commercial practices, especially in the context of e-commerce standards regarding the quality of goods and transaction handling.

Definitions

  • Terms and Conditions: This document along with attachments, informing about the obligations and rights of the Parties of the Agreement.
  • Party: The Party to the Agreement is the Client or Seller. In the case of the term Party, it is understood as both the Client and the Seller together.
  • Distance contract: An agreement concluded with the Client as part of an organized system of concluding contracts at a distance, without the simultaneous physical presence of the Parties, with the exclusive use of distance communication means up to and including the moment of concluding the contract.
  • Service: The online store available at velesdc.com.
  • Seller: The online store available at velesdc.com.
  • Client: A natural person, a legal person, and an organizational unit without legal personality, which the law grants legal capacity, purchasing products or services via the Service.
  • Consumer: A natural person purchasing products or services via the Service not directly related to their business or professional activity.
  • User: Any entity using the Service.
  • Account: User panel available immediately after payment is recorded, accessible after logging in with a designated password sent to the email address.
  • Payment method: The form of payment for the ordered product or service, chosen by the Client during the ordering process, offered by the Service or as a result of individual arrangements conducted with the Service in a form other than the payment methods presented on the website.
  • Electronic Services: services provided electronically by the Seller via the Service, including enabling the placement of Orders for Digital Content through the Order Form, managing the User Account, the Review System, and the Newsletter.

Section 1 General Provisions

Subject of Activity

The subject of the Service’s activity is the sale of digital content.

Applicable Law

In matters not regulated by these Terms and Conditions, the applicable provisions of the law in force in the territory of the Republic of Poland apply, in particular:

  • The Act of 23 April 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended),
  • The Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827),
  • The Act of 29 August 1997 on the protection of personal data (consolidated text: Journal of Laws of 2002, No. 101, item 926, as amended).

Commercial Offer

The contents found in the Service, describing digital content and services offered by the Service Provider, do not constitute a commercial offer within the meaning of the Civil Code provisions. The price list on the Service’s main page also does not constitute a commercial offer.

Changes in the Service

The Service Provider reserves the right to make changes in the contents of the Service and in the price list of digital content and services, depending on changes in market rates. The Service Provider is not responsible for damages resulting from:

  • Users’ infringement of third parties’ rights,
  • Interruptions in the operation of the Service or its unavailability for reasons beyond the Service Provider’s control,
  • Other damages caused by the User’s non-compliance with the Terms and Conditions.

Changes to the Terms and Conditions

Changes to the content of the Terms and Conditions may occur after informing Users about the scope of changes, no later than 14 days before the changes come into effect. Orders placed before the change of the Terms and Conditions are executed in accordance with its previous provisions.

Dispute Resolution

Disputes between the Seller and the Consumer-Client are settled by the common court, in accordance with the Code of Civil Procedure. Disputes between the Seller and the Non-Consumer Client are settled by the court competent for the Service’s headquarters. Contact with the Service Users may contact the Seller via email: contact@velesdc.com.

Access to the Terms and Conditions

Clients may access these Terms and Conditions at any time via a link on the Service’s main page.

Copyright

Materials found in the Service are protected by copyright and their use without the owner’s consent is prohibited.

Amicable Dispute Resolution

The consumer has the option of amicably resolving a dispute with the Seller by:

  • Turning to a permanent consumer arbitration court,
  • Mediation,
  • Turning to the provincial inspector of the Trade Inspection,
  • Obtaining free assistance from the Consumer Federation using the consumer hotline 800 007 707.

Section 2 Order Placement Procedure and Moment of Contract Conclusion

Placing Orders

Clients may place orders on the website 24 hours a day, 7 days a week, through www.velesdc.com. The Service conducts sales both within the territory of the Republic of Poland and abroad. Information about products and services presented on the website pages of the Service constitutes commercial information within the meaning of the Civil Code provisions.

Conclusion of the Contract

Placing an order by the Client constitutes an offer made to the Seller within the meaning of the Civil Code. To place an order, the Client should use the e-shop available at velesdc.com. Upon placing a correct order, the order is considered to have been placed. Orders are confirmed via email. The moment of contract conclusion is when the Client is sent feedback information confirming the acceptance of the order. Upon the crediting of funds, the Client receives an immediate download link to the purchased digital content and services to the email address provided in the form. The day of contract performance is the day when access data to the ordered digital content and services are sent to the Client via email.

Complaint Procedure

All complaints related to the provision of services by the Service and questions concerning the use of the Service should be sent to the email address: contact@velesdc.com. A properly submitted complaint should contain at least the Client’s identification (name, surname, residential address, email address) and a description of the fact or service being complained about. If the data or information provided in the complaint requires supplementation, the Service Provider will ask the complainant to supplement it before considering the complaint. The time for providing additional explanations extends the period for considering the complaint.

Liability for Defects

In the case of contracts concluded with Consumers, the Service is liable under the principles set out in Art. 556 and subsequent of the Civil Code for physical or legal defects (warranty). The Service will respond to the Consumer’s notification within 14 days. Otherwise, it is assumed that the Seller accepted the Consumer’s statement or request as justified. If the Client, being a Consumer, has requested the replacement of the service or submitted a statement on the price reduction, specifying the amount by which the price is to be reduced, and the Service has not responded to this request within 14 days, it is assumed that the request was considered justified. In the case of contracts concluded with Clients who are not consumers, under Art. 558 § 1 of the Civil Code, the Service’s liability under the warranty is excluded.

Section 3 Payments

Prices and Taxes

All prices presented on the Service are net prices, expressed in United States dollars. Value-added tax (VAT) is added at the finalization of the payment, depending on the country declared by the Client, in accordance with separate regulations pertaining to the given country.

Types of Payments

The Service offers the following payment methods:

  • Online payment via Stripe service.
  • Payment through PayPal.

Price Policy

The Client places an order according to the prices valid at the time of placing the order. The Service reserves the right to change prices, which does not affect orders already in progress.

Liability for Digital Content and Licenses

Quality and Legal Defects of Digital Content

The Service ensures that all offered digital content is free from legal defects and has the appropriate quality, consistent with the description presented on the Service.

Licenses

The User receives a non-exclusive, non-transferable license to use the purchased digital content. The license is limited in time to the period for which the content was purchased, or is indefinite if not specified otherwise. The license authorizes the use of digital content according to its purpose, on devices owned by the User.

Restrictions

It is prohibited to copy, distribute, and share digital content with third parties without the express consent of the Service.

Section 4 Withdrawal from the Contract, Termination of Use

Withdrawal from the Contract by the Consumer

  • Based on Article 27 of the Consumer Rights Act, a consumer who has entered into a distance contract may withdraw from it without giving any reason and without incurring costs, except for the costs specified in Articles 33, 34, and 35 of the Consumer Rights Act.
  • The declaration of withdrawal from the contract must be made in writing within 14 days from the day of delivery of the contract item.
  • To preserve the deadline, it is sufficient to send the statement before its expiration, electronically or to the delivery address.
  • The declaration of withdrawal from the contract can be submitted on a form, which is an annex to these Terms and Conditions.
  • The consumer has the right to withdraw from a distance contract without giving any reason within 14 days from the day the contract was concluded. This right does not apply in the case of commencement of the delivery of Digital Content not saved on a tangible medium before the expiry of the withdrawal period, if the delivery involves Digital Content provided with the consumer’s explicit consent before the expiry of the withdrawal period, and the consumer was informed before giving their consent about the loss of the right to withdraw from the contract.

Resignation from Using the Service

  • The User may resign from using the Service at any time.

Suspension or Termination of the Service’s Operation

  • The Seller reserves the right to suspend the operation of the Service or to modify or terminate the provision of services through it, at any time and for any reason.

Right to Withdraw from the Contract – Digital Content

  • The user being a consumer has the right to withdraw from a distance contract without giving any reason within 14 days from the day of the contract conclusion.
  • In the case of digital content not supplied on a tangible medium, the right to withdraw from the contract is only until the commencement of downloading or streaming of the content.
  • The commencement of the provision of digital content before the expiry of the withdrawal period results in the loss of the right to withdraw from the contract.

Section 5 Technical Requirements and Information about Cookies

Technical Requirements

For proper use of the service, it is recommended to have:

  • A computer with Internet access.
  • Access to an email account.
  • An internet browser.

Information about Cookies

  • Cookies are computer data, particularly text files, stored on the end user’s device intended for use with the website of the service.
  • Cookies allow recognizing the user’s device and properly display the website, tailored to their individual preferences.

Types of Cookies

  • Persistent cookies: files stored on the end user’s device for the time specified in the file parameters or until they are deleted by the user.
  • Session cookies: files deleted at the end of the session, i.e., after logging out, leaving the page, or closing the browser.
  • First-party cookies: files placed by the owner of the service.
  • Third-party cookies: files placed by external entities, for example, for statistical purposes by Google Analytics.

Managing Cookies

  • The user can change cookie settings in their web browser at any time.
  • Detailed information about changing settings and manually deleting cookies is available in the help section of the web browser.

Consent to Use Cookies

  • Users are informed about the use of cookies during their first visit to the service site.
  • Continuing to browse the site is equivalent to consenting to their use.

Latest Browser Versions

  • The service recommends using the latest versions of web browsers to ensure the highest quality of services.

Section 6 Personal Data Protection

Service Commitment

The Service commits to the protection of personal data in accordance with the applicable legal provisions, especially the General Data Protection Regulation (GDPR).

Purpose of Data Processing

User personal data are processed exclusively for the purposes of:

  • Order fulfillment.
  • User account management.
  • Marketing purposes, subject to user consent.

User Rights

Users have the right to:

  • Access their data.
  • Rectify their data.
  • Erase or limit the processing of their data.
  • Object to data processing.
  • Data portability.

Dispute Resolution

Amicable Dispute Resolution

  • In the event of disputes arising from the sales contract, the parties will seek to resolve the matter amicably.
  • The user who is a consumer has the possibility to use out-of-court dispute resolution methods, including by submitting a request for mediation or consideration of the case by a permanent consumer arbitration court at the appropriate institution.

ODR Platform

  • Users also have the opportunity to use the Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/consumers/odr/, which is a European initiative aimed at assisting in resolving disputes related to online purchases.

Section 7 Final Provisions

Changes to the Terms and Conditions

  • The Service reserves the right to make changes to the Terms and Conditions at any time.
  • Changes to the Terms and Conditions come into effect at the designated time, which will not be shorter than 14 days from the day the amended Terms and Conditions are published on the Service’s website.
  • Orders placed before the changes to the Terms and Conditions come into effect will be executed based on the existing provisions of the Terms and Conditions.

Entry into Force of the Terms and Conditions

  • These Terms and Conditions come into force on the day of their publication on the Service’s website.
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