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Terms & Conditions for the provision of services

as part of the Fujikuvat service

 

§1 General provisions

 

  1. 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.
  2. 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.
  3. In order to use the service, you must read these Terms of Service and Privacy Policy.
  4. Terms used in the Terms & Conditions mean:
    1. Platform - the online platform operated by the Service Provider, functioning at: fujikuvat.app and accessible through the Fujikuvat mobile application,
    2. 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,
    3. Website - the website at: fujikuvat.app and all its sub-sites,
    4. Product - a service or product that may be the subject of an Offer or provision by the Platform by the Seller to the Buyer,
    5. Offer - a unilateral statement of intent of the Seller posted on the Platform, regarding the Product offered by the Seller through the Platform,
    6. 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,
    7. 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,
    8. 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,
    9. User - Seller and Buyer together,
    10. 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,
    11. 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,
    12. 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.
  5. 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.
  6. 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

 

  1. The Service Provider provides electronic services to Users on the basis of distance contracts between the User and the Service Provider.
  2. The Service Provider does not charge the Buyer any kind of fees for providing the Services.
  3. 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:
    1. Creating and maintaining Seller Accounts,
    2. Create and maintain Vendor administration panels,
    3. Posting of Offers by Sellers,
    4. Cataloging, presenting and publicizing Sellers' Offers,
    5. Search for Offers and Products,
    6. Managing and administering the posting of Offers,
    7. User Billing System,
    8. Creation and maintenance of Buyer Accounts,
    9. Order Form,
    10. Configuring Products.
  4. 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.
  5. 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

 

  1. Buyers can register individual accounts on the Platform, which allow them to use the Services provided by the Platform and purchase Products.
  2. The Platform allows you to purchase a Product without registering a User Account.
  3. 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.
  1. It is not permitted to provide false data.
  2. It is not allowed to create a User's account using an automated machine.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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

 

  1. To use the Services available through the Platform, the User must meet the following technical requirements:
    1. Have a computer, laptop or other device with Internet access;
    2. Have access to e-mail;
    3. Use a web browser (the latest version);
    4. enable cookies in your browser.
  2. All actions taken by Users should be in accordance with applicable laws and good morals.
  3. 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.
  4. Each User undertakes to:
    1. to use the provided functionalities and resources of the Platform in accordance with the purpose of the Platform,
    2. compliance with the principles of generally applicable law,
    3. respect the rights and personal property of other Users,
    4. Not to act to the detriment of other Users, the Platform, the Service Provider or third parties.
  5. 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.
  6. 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.
  7. 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

 

  1. 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.
  2. The Service Provider is not a party to contracts between the Seller and the Buyer.
  3. All prices specified in the Offers are gross prices (excluding VAT) specified in Shop currency.
  4. 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.
  5. 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.
  6. 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.
  7. 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

 

  1. The Service Provider undertakes to take all measures to ensure correct, secure, continuous and error-free access to the Platform.
  2. 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.

  1. 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.
  2. 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.
  3. 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.
  4. If an unauthorized person is notified of access to the Platform, the Service Provider will take immediate steps to secure the collected data.
  5. 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.
  6. 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.
  7. 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.
  8. The Seller is solely responsible to the Buyer for the proper execution of the Product sales contract.
  9. 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

 

  1. The service provider is obliged to provide services in accordance with the contract. The service provider is obligated to provide services without defects.
  2. 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.
  3. 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.
  4. The digital content or digital service is in compliance with the contract if, in particular, their compliance remains:
    1. description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and availability of technical support and updates,
    2. 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,
  5. In addition, the digital content or digital service must, in order to be considered in compliance with the contract:
    1. 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,
    2. 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,
    3. Be delivered with accessories and instructions that the Consumer can reasonably expect to receive
    4. 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.
  6. 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.
  7. 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.
  8. The service provider acknowledges the receipt of the complaint.
  9. If the complaint is not accepted, the Service Provider shall provide an opinion as to the unfoundedness of the complaint.
  10. 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.
  11. 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.
  12. 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.
  13. The service provider will consider the complaint within 14 calendar days from the date of receipt of the complaint.
  14. In the event of a serious technical error, the Service Provider reserves the right to restrict access to the Platform and Service.
  15. 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

 

  1. 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.
  2. 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.
  3. 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

 

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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

 

  1. The Service Provider may not change the digital content or digital service provided on a one-time basis.
  2. Making a change to the Service will not incur costs on the part of the Consumer.
  3. 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.
  4. 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.
  5. 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

 

  1. 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.
  2. 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:
    1. informed the Consumer about the update and the consequences of not installing it,
    2. 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

 

  1. 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.

  1. 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.
  2. 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

 

  1. 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.
  2. 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