Terms & Conditions for the
provision of services
as part
of the Fujikuvat service
§1
General provisions
- These terms and conditions define the terms and conditions of use
of the Fujikuvat website and Fujikuvat mobile application, as well as the
rules for offering services and ordering services through the website and Fujikuvat
application.
- The owner of the Platform and the domain fujikuvat.app is Pixel-Tech Spółka Jawna
Pytowski i Kubarek, based at 6A Laski Street, 41-303 Dabrowa Gornicza,
Poland. The company is registered in the Register of Entrepreneurs of the
National Court Register (VIII Economic Department - KRS of the District
Court Katowice-Wschód in Katowice) under KRS number: 0000358467.
Pixel-Tech Sp. J. is registered under REGON number: 240352530 and VAT
number: PL6443287239.
- In order to use the service, you must read these Terms of Service
and Privacy Policy.
- Terms used in the Terms & Conditions mean:
- Platform - the online platform operated by the Service Provider,
functioning at: fujikuvat.app and accessible through the Fujikuvat
mobile application,
- Service Provider - Pixel-Tech Spółka Jawna Pytowski i Kubarek, with its registered
office at 6A Laski Street, 41-303 Dabrowa Gornicza, Poland. The company
is registered in the Register of Entrepreneurs of the National Court
Register (VIII Economic Department - KRS of the District Court
Katowice-Wschód in Katowice) under KRS number: 0000358467. Pixel-Tech Sp.
J. is registered under REGON number: 240352530 and VAT number: PL6443287239,
- Website - the website at: fujikuvat.app and all its
sub-sites,
- Product - a service or product that may be the subject of an
Offer or provision by the Platform by the Seller to the Buyer,
- Offer - a unilateral statement of intent of the Seller posted on
the Platform, regarding the Product offered by the Seller through the
Platform,
- Service - the full range of services provided electronically by
the Service Provider to the Users to the extent specified in the Terms
& Conditions. The essence of the service is to enable access via the
Internet to the platform for offering and ordering Products and the
organization of the aforementioned activities within it, including
payment processing,
- Seller - a user of the Platform, a natural person (with full
legal capacity) or legal entity that has an active Seller account on the
Platform and offers its Products to Buyers. The Seller may not be a
Consumer,
- Buyer - a user of the Platform, a natural person (with full legal
capacity) or legal entity, who has made or intends to make an order for
Products available on the Platform. The Buyer may be both a Consumer and
an Entrepreneur,
- User - Seller and Buyer together,
- Consumer - within the meaning of the Civil Code Act of April 23,
1964 - a User who, as a natural person, performs a legal action through
the Platform not directly related to his/her business or professional
activity. Consumers, within the meaning of these Terms & Conditions,
are also entrepreneurs running a sole proprietorship, entering into
contracts not of a professional nature arising from the subject of their
activities,
- User Account - a User's individual account on the Platform,
containing the User's individual data and enabling the use of Services
provided through the Platform,
- Terms & Conditions - this document together with the Privacy
Policy, which is an integral part of the Terms & Conditions. All
documents are available on the Website.
- Detailed information about the Products can be found on the
Platform, as well as made available by the Service Provider in response to
an inquiry directed by the Buyer.
- Users can contact the Service Provider by e-mail at: support@pixel-tech.eu
and by phone at +48 32 291 50 19.
§2
Services provided through the Platform
- The Service Provider provides electronic services to Users on the
basis of distance contracts between the User and the Service Provider.
- The Service Provider does not charge the Buyer any kind of fees
for providing the Services.
- The essence of the Services is to enable access via the Internet
to the Platform. Through the Platform, the Service Provider provides the following types
of Services, among others:
- Creating and
maintaining Seller Accounts,
- Create and maintain
Vendor administration panels,
- Posting of Offers by
Sellers,
- Cataloging,
presenting and publicizing Sellers' Offers,
- Search for Offers
and Products,
- Managing and
administering the posting of Offers,
- User Billing System,
- Creation and
maintenance of Buyer Accounts,
- Order Form,
- Configuring
Products.
- The conclusion of the
contract for the provision of the Services takes place at the moment of
full and correct registration on the Platform or use of the order form.
The contract is concluded for an indefinite period of time. The Buyer may
terminate the contract for the aforementioned Services at any time by
means of the Account deletion procedure specified in these Terms &
Conditions.
- Within 14 days from the conclusion of the contract for the
provision of each of the Services referred to above, a Buyer who is a
Consumer may withdraw from the contract without giving any reason. A model
form on withdrawal from the contract, which the User may use, is attached
to these Terms & Conditions.
§3
Registration on the Platform
- Buyers can register individual accounts on the Platform, which
allow them to use the Services provided by the Platform and purchase
Products.
- The Platform allows you to purchase a Product without registering
a User Account.
- Once the
form is properly filled out, the Service Provider sends an e-mail to the
Buyer, to the address provided in the form, containing a confirmation of
registration and an activation link. The User's account is registered
after confirming the desire to create it by clicking on the link provided
in the e-mail.
- It is not permitted to provide false data.
- It is not allowed to create a User's account
using an automated machine.
- Performing the registration of the Account
and subsequent actions within the Platform in the name and on behalf of
the User may be performed only by persons authorized to represent the User
or having the appropriate authorization.
- The person authorized to represent the Buyer
is obliged to immediately notify the Service Provider of the withdrawal of
his authorization to perform on behalf of the Buyer the activities
specified in these Terms & Conditions.
- If the Service Provider has reasonable
doubts about the veracity of the data provided by the User, the Service
Provider may withhold the establishment of the User's Account or suspend
the operation of the User's Account until the doubts are clarified.
- In the event of organizational or legal
changes, death or loss of legal capacity of the User, the User's legal
successors or legal guardians should immediately inform the Service
Provider of the circumstances.
- The User's account contains the data
provided by the User during registration. If any of this data is later
changed during the use of the Platform, the User is obliged to immediately
update it in the Platform.
- The Service Provider reserves the right to
delete the User's Account at any time and without giving any reason. In
the event of deletion of the User's Account, the User who is not a
Consumer shall not be entitled to any claims against the Service Provider
on the above account.
§4. general
principles of using the Platform
- To use the Services available through the
Platform, the User must meet the following technical requirements:
- Have a computer, laptop or other device
with Internet access;
- Have access to e-mail;
- Use a web browser (the latest version);
- enable cookies in your browser.
- All actions taken by Users should be in
accordance with applicable laws and good morals.
- Any use of the User Account or the Service
to the detriment of other Users, the Platform, the Service Provider or
third parties is prohibited.
- Each User undertakes to:
- to use the provided functionalities and
resources of the Platform in accordance with the purpose of the Platform,
- compliance with the principles of
generally applicable law,
- respect the rights and personal property
of other Users,
- Not to act to the detriment of other
Users, the Platform, the Service Provider or third parties.
- Content, including descriptions of
Listings, as well as photographs and graphics posted by Sellers on the
Platform and provided to the Service Provider are their property, and they
alone are responsible for any infringement of third-party rights.
- It is absolutely forbidden and constitutes
a violation of the Terms of Use, to post content on the Platform that
contains provisions contrary to the law or good morals, in particular,
pornographic content, vulgar, defamatory, insulting religious feelings,
inciting racial, ethnic, religious hatred, promoting phonographic,
software piracy, disseminating data breaching techniques, viruses and any
other similar in content and operation materials.
- The Service Provider shall provide the
Services in accordance with the interoperability, compatibility and
functionality described in the Terms & Conditions, understood as:
a.
functionality - the ability of a
digital content, digital service or commodity to perform its functions given
its intended use, the concept of functionality refers to the possible uses of a
digital content or digital service,
b.
Compatibility - the
interoperability of digital content, digital service, or goods with computer
hardware or software that are typically used to use digital content, digital
service, or goods of the same kind, without the need to transform them,
c.
Interoperability - the ability of
digital content, digital service or goods to interact with computer hardware or
software other than those typically used to use digital content, digital
service or goods of the same kind, the concept of interoperability refers to
whether and to what extent digital content or digital service can interact with
computer hardware or software other than the computer hardware or software with
which digital content or digital services of the same kind are typically used.
§7 Rules of sale
- The Service Provider is an entity that
exclusively provides Users with space on the Internet and tools that
enable Users to offer Products under the terms and conditions specified in
these Terms & Conditions and to conclude sales contracts for Products.
- The Service Provider is not a party to
contracts between the Seller and the Buyer.
- All prices specified in the Offers are gross
prices (excluding VAT) specified in Shop currency.
- The Product purchase contract is concluded
between the Seller and the Buyer, with the content specified in these
Terms and Conditions, the Offer and also the Seller's Terms and Conditions
of Sale of goods.
- The Seller is responsible for any damage
to the Product caused in transit until it is issued to the Buyer. The
Seller shall be a party to any disputes or complaint proceedings with the
shipment provider.
- The Service Provider provides forms of
payment for the order each time specified in the Platform. Funds paid by
the Buyer are directly transferred to the Seller's bank account.
- To conclude a sales contract using the
tool provided within the Platform, you must go through all the steps
involved in ordering a Product. The procedure for the sale of the Product
is completed by pressing the appropriate button finalizing the order. The
sales contract between the Seller and the Buyer is concluded the moment
the Buyer presses the aforementioned button."
§10
Responsibility. Access to and use of the Platform
- The Service Provider undertakes to take all
measures to ensure correct, secure, continuous and error-free access to
the Platform.
- The service provider is not responsible for:
○
actions taken by Users,
○
The quality and legality of the Products
offered by the Sellers,
○
Failure to meet the specific
requirements of the User, other than those arising from the general premise of
the Platform,
○
The correctness, reliability and
accuracy of the data obtained when using the Platform,
○
Transient technical errors that
occurred during the operation of the Platform,
○
defects in the data entered into
the Platform by Users,
○
quality, type and manner of
execution of Products by Sellers, powers and professional qualifications of
Sellers,
○
the consequences of non-performance or improper
performance of the obligations incurred by Users, and the ability of such
persons to incur obligations.
- The Service Provider shall not be liable for
damages (including in the form of lost profits), image damage, business
interruption, loss of data or other business information or other losses
of a material nature to Users who are not Consumers and who do not conduct
business. The Service Provider's liability to Non-Consumer Users who do
not conduct business is excluded to the fullest extent permitted by law.
- The Service Provider shall not be liable for
damages or any other consequences caused by the User's disclosure of
his/her password or login to a third party.
- The Service Provider shall not be
responsible for any system malfunctions caused by technical problems in
the computer hardware and software used by the User, as well as Internet
network failure, force majeure or unauthorized interference of third
parties that prevent the User from using the Platform and the Service
offered through it.
- If an unauthorized person is notified of
access to the Platform, the Service Provider will take immediate steps to
secure the collected data.
- The Service Provider will carry out regular
backups of the data uploaded to the Platform, in order to minimize the
risk of data loss through the actions of unauthorized persons or technical
errors in operation.
- The Service Provider reserves the right to
interfere with the User's Account in order to remove irregularities in the
functioning of the Platform, disruptions in the functioning of the Account
or to make improvements and expand the scope of the Service.
- The Seller shall be liable for the full
damage caused to the Buyer and the Service Provider for incorrect or
untimely performance of the Product.
- The Seller is solely responsible to the
Buyer for the proper execution of the Product sales contract.
- The Seller is responsible for the content of
the Offer. The Seller is the entity solely obliged to execute the contract
of sale of the Product specified in the Offer.
§11 Liability for compliance
of performance with the contract. Complaint procedure
- The service provider is obliged to provide
services in accordance with the contract. The service provider is
obligated to provide services without defects.
- The rules on the Service Provider's
liability to the Consumer under contracts for the provision of digital content or
digital service are governed by Chapter 5b of the Law of May 30, 2014 on
Consumer Rights.
- In terms of complaints, the Consumer may
exercise the rights granted to him by the provisions of the Law of May 30,
2014 on Consumer Rights, among others, for non-compliance of the service
with the contract.
- The digital content or digital service is
in compliance with the contract if, in particular, their compliance
remains:
- description, type, quantity, quality,
completeness, functionality, compatibility, interoperability, and
availability of technical support and updates,
- suitability for the specific purpose for
which they are needed by the consumer, which the consumer notified the
Service Provider at the latest at the time of the conclusion of the
contract and which the Service Provider accepted,
- In addition, the digital content or digital
service must, in order to be considered in compliance with the contract:
- be suitable for the purposes for which
digital content or a digital service of this type is normally used,
taking into account applicable laws, technical standards or good
practices,
- occur in such quantity and have such
features, including functionality, compatibility, accessibility,
continuity and security, as are typical of digital content or digital
service of that type and which the Consumer may reasonably expect, taking
into account the nature of the digital content or digital service and the
content in the advertisement or label,
- Be delivered with accessories and
instructions that the Consumer can reasonably expect to receive
- be consistent with the trial version or
announcement that was made available to the Consumer by the Service
Provider prior to the conclusion of the contract.
- The Service Provider shall be liable to the
Consumer for the non-conformity with the contract of the digital content
or digital service delivered continuously, which occurred or became
apparent at the time when, according to the contract, they were to be
delivered.
- The Service Provider shall be liable to the
Consumer for the non-conformity of the digital goods or digital service
with the contract existing at the time of delivery and disclosed within
two years from that time. Prior to the expiration of the above period, the
Consumer may notify the Service Provider of the discovery of the defect by
sending an appropriate message through one of the communication channels
referred to in §1.5.
- The service provider acknowledges the
receipt of the complaint.
- If the complaint is not accepted, the
Service Provider shall provide an opinion as to the unfoundedness of the
complaint.
- If the Service Provider does not respond to
the Consumer's complaint within 14 calendar days from the date of delivery
of the complaint, it is assumed that it has acknowledged the Consumer's
complaint and his demand.
- The Consumer is obliged to cooperate with the
Service Provider, to a reasonable extent and using the least burdensome
technical means (including, for example, using e-mail communication,
telephone communication, by sending the required printscreens), to determine
whether the non-conformity of the digital content or service with the
contract is due to the characteristics of the Consumer's digital
environment.
- Each User is entitled to file a complaint about
any irregularity in the operation of the Platform within 14 days of the
occurrence of the irregularity. The complaint should be submitted by
e-mail sent to support@pixel-tech.eu.
The description of the irregularity should enable the Service Provider to
identify the problem and fix it.
- The service provider will consider the complaint
within 14 calendar days from the date of receipt of the complaint.
- In the event of a serious technical error, the
Service Provider reserves the right to restrict access to the Platform and
Service.
- All possible errors in the functioning of the
Platform, comments and information about the operation of the Platform and
the Website, as well as violations of the Terms and Conditions should be
reported to the Service Provider by e-mail.
§12 Deletion of
User Accounts
- The Buyer is entitled to delete his Account
at any time. For this purpose, the Buyer should go through the appropriate
procedure on the Platform.
- The Service Provider may refuse to delete
the Buyer's account if the Buyer has failed to fulfill an obligation
incurred through the Platform or has violated these Terms & Conditions
or applicable laws, and the preservation of the Buyer's data is necessary
to clarify these circumstances and determine the responsibility of the
User.
- If the User's account has been deleted as a
result of the Service Provider's decision, the User may not re-register on
the Platform without the prior consent of the Service Provider.
Re-registration without consent will result in deletion of the Account.
§13 Amendments to
the Terms & Conditions
- The Service Provider reserves the right to
change the Terms and Conditions at any time, in particular due to changes
in applicable laws or technical and organizational changes in the way the
Services are performed, as well as in the event of a change in the legal
organization of the Service Provider's business. These changes will not
affect orders placed, executed or completed orders and contracts between
Users.
- The Service Provider will inform Users
about the changes and their content 7 days before their implementation.
The information is communicated to the User through an e-mail sent to the
address provided during registration and through a relevant note in the
Account, available after logging in.
- The User agrees to the change of the Terms
and Conditions by checking the appropriate box in the Account under the
text informing about the change of the Terms and Conditions.
- If you do not agree to the amendment of
the Terms and Conditions, you should delete your Account in the manner
indicated on the Website.
- If the User does not take any action, at
the expiration of 14 days from the date of delivery of information about
the changes to the Terms and Conditions, the changes shall take effect for
the User as if he had accepted the changes to the Terms and Conditions in
accordance with the procedure set forth in this paragraph.
§ 7 Changes to the service
- The Service Provider may not change the
digital content or digital service provided on a one-time basis.
- Making a change to the Service will not
incur costs on the part of the Consumer.
- The Service Provider is obliged to inform
the Consumer in a clear and understandable manner about the change being
made. If the change materially and adversely affects the Consumer's access
to or use of the digital content or digital service, the Service Provider
is obliged to inform the Consumer well in advance on a durable medium
about the characteristics and date of the change and the right to
terminate the contract.
- In the case referred to above, the Consumer
may terminate the contract without notice within 30 days from the date of
the change or notification of the change, if the notification was later
than the change.
- The consumer is not entitled to terminate
the contract if the Service Provider has provided the consumer with the
right to retain, at no additional cost, the digital content or digital
service in accordance with the contract, in an unaltered state.
§ 8 Updates
- The Service Provider shall inform the Consumer
of updates, including security updates, necessary for the Service to be in
compliance with the contract, and the Consumer shall then install such
updates within a reasonable time, in particular within the time indicated
by the Service Provider.
- If the Consumer fails to install within a
reasonable time the updates provided by the Service Provider in accordance
with paragraph 1 above, the Service Provider shall not be liable for the
Service's non-compliance with the contract resulting solely from the lack
of updates if:
- informed the Consumer about the update and the
consequences of not installing it,
- failure to install or improper installation of
updates was not due to errors in the installation instructions provided
by the Service Provider.
§14 Out-of-court
means of dispute resolution
- In order to resolve a dispute arising in
connection with the use of the Services through the Platform, the Consumer
has the opportunity to seek the assistance of the following institutions
before bringing a case in a court of law:
○
a. Use of the permanent amicable
consumer court referred to in the Act of December 15, 2000 on Trade Inspection
by submitting a request for settlement of a dispute arising from the contract;
○
b. to apply to the Provincial
Inspector of Trade Inspection to initiate mediation proceedings for an amicable
settlement of the dispute;
○
c. seek the assistance of a
district or municipal consumer ombudsman or a social organization whose purpose
is to protect consumer rights.
- Detailed information about the consumer's
options for out-of-court dispute resolution and the availability of
procedures is available at the offices and websites of institutions such
as the Commercial Inspection, county (city) consumer ombudsmen, social organizations
for the protection of consumer rights, as well as the Office of
Competition and Consumer Protection.
- A platform for online dispute resolution
between consumers and businesses at the EU level (ODR platform) is
available at http://ec.europa.eu/consumers/odr. The
ODR platform is an interactive and multilingual website with a one-stop
shop for consumers and businesses seeking out-of-court dispute resolution
of contractual obligations arising from an online sales or service
contract.
§15 Final
provisions
- In matters not regulated by these Terms
& Conditions, the provisions of generally applicable law shall apply,
in particular the Act of April 23, 1964 Civil Code, and the Act of May 30,
2014 on Consumer Rights.
- To all disputes arising under these Terms
and Conditions and the contract entered into by the User and the Service
Provider, Polish law shall apply and the courts of Polish jurisdiction
shall have jurisdiction. The competent court for disputes to which the
Consumer is a party is the place of residence of the Consumer.
MODEL WITHDRAWAL
FORM
(This form must be completed and returned only if you wish to withdraw
from the contract)
Address:
I/We(*) hereby
inform(*) of my/our withdrawal from the contract for the provision of the following
services:
Date of agreement:
Name of
consumer(s)*:
Address of
consumer(s)*:
Signature of the
consumer(s)* (only if the form is sent on paper):
Date:
*delete as
appropriate