§1 Introductory provisions
1. The websites of the PROSTY MARKETING group, available at the following addresses: prostymarketing.pl, instamarketing.pl, tiktokmarketing.pl and socialbreez.com, hereinafter also referred to as the Store or Stores, are run by PROSTY MARKETING (02-495 Warsaw, Skoroszewska 5/86) entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 7431848626, REGON 367057702.
2. These Regulations are addressed to both Consumers and Entrepreneurs using the website and define the rules of use as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
1. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
2. Seller – a natural person running a business under the name PROSTY MARKETING (02-495 Warsaw, Skoroszewska 5/86), entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 7431848626, REGON 367057702
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
5. Store – an online store run by the Seller at the internet address prostymarketing.pl, instamarketing.pl and tiktokmarketing.pl.
6. Distance contract – contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
7. Regulations – these Store regulations.
8. Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
9. Account – an order account in the Store, it contains data provided by the Customer and information about the Order placed by him in the Store.
10. Order form – an interactive form available in the Store that allows you to place an Order.
11. Product / Service – a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
12. Sales Agreement – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – in accordance with the features of the Product – a contract for the provision of services and a contract for specific work.
§3 Contact with the Store
1. Seller’s address: 02-495 Warszawa, Skoroszewska 5/86.
2. Seller’s e-mail address: firstname.lastname@example.org.
3. Seller’s telephone number: +48 608 597 031.
4. Seller’s bank account number: 51 1910 1048 2758 4444 2623 0001.
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The customer may communicate by phone with the Seller from Monday to Friday from 9:00 a.m. to 5:00 p.m.
§4 Technical requirements
To use the Store, including viewing the Store’s assortment and placing orders, you need:
a. terminal device with access to the Internet and a web browser,
b. an active e-mail account (e-mail),
c. enabled cookies.
§5 General information
1. The Seller, to the fullest extent permitted by law, is not responsible for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products / Services in the Store’s assortment is possible by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
3. The prices given in the Store are given in USD.
4. The final amount to be paid by the Customer consists of the price for the Product / Service about which the Customer is informed on the Store’s website when placing the Order, including at the time of expressing the will to be bound by the Sales Agreement.
§6 Rules for placing an Order
In order to place an Order:
1. select the Product / Service that is the subject of the Order, and then click the “Order” (or equivalent) button;
2. fill in the Order Form by entering the details of the recipient of the Order,
3. pay for the order in accordance with the instructions presented.
§7 Payment methods offered
1. The customer can use the following payment methods:
a. Payment by bank transfer to the Seller’s account,
b. Payments by credit card, payment card or Google Pay via the STRIPE.com transaction platform (Stripe Payments Europe, Limited),
2. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
§8 Performance of the sales contract
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with §6 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. If the Customer selects payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
4. The Product is delivered electronically or results in the launch of the ordered Service.
§9 The right to withdraw from the contract
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason if the Seller has not started to provide services resulting from the conclusion of the Sales Agreement.
2. The consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
3. The statement may be sent by traditional mail or electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in §3.
4. If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
5. Consequences of withdrawal from the Agreement:
a. In the event of withdrawal from a Distance Agreement, the Agreement shall be considered void.
b. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, measures proportionate to the actions not performed.
§10 Complaints and warranty
1. The Sales Agreement covers all products / services available in the Store.
2. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
3. It is recommended to include in the complaint, inter alia, a brief description of the problem, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the product / service.
4. The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.
§11 Out-of-court ways of dealing with complaints and redress
1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Inspection Handlowa and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
a. The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller
b. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
§12 Personal data in the Online Store
1. The administrator of personal data of Customers collected via the Online Store is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of the personal data of the Customers of the Online Store may be:
a. 5. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
b. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the Online Store.
4. The customer has the right to access their data and correct them.
5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
§13 Final provisions
1. Agreements concluded through the Online Store are concluded in English.
2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
4. The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/.