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§ 1
GROUND RULES
Website summit.phpers.pl operates according to Regulations specified in this document.
Regulations specify rules for forming and canceling Product Sales Agreements, procedure for complaints, and information on types and scope of services provided electronically by the summit.phpers.pl Website, rules for the provision of these services, the terms and conditions for the conclusion and termination of contracts for the provision of services by electronic means.
Each Customer is obliged to comply with the provisions of these Regulations as soon as he/she starts to use the Electronic Services of the summit.phpers.pl Website.
In matters not covered by these Regulations, following regulations shall apply:
The Law on Provision of Electronic Services of July 18, 2002.
The law on consumer rights of May 30, 2014,
the Act on extrajudicial resolution of consumer disputes of September 23, 2016,
Civil Code Act of April 23, 1964, and other applicable provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THIS REGULATIONS
CUSTOMER - an entity which has concluded or intends to conclude a Product Sales Agreement with the Seller.
CONSUMER - a natural person who makes a legal transaction with Seller that is not directly related to his/her business or professional activity.
PRODUCT - a movable item, service or Digital Content available on the Site, which is the subject of a Product Sales Agreement between the Customer and the Seller.
REGULATIONS - this document.
WEBSITE - Seller’s website operating at summit.phpers.pl
SELLER, SERVICE PROVIDER - KWAKDUCK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ registered in the Commercial Register by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register, place of business and address for correspondence: Strzelecka 29A/39, 60-521 Poznań, NIP: 7831854406, REGON: 521605636, electronic mail address (e-mail): kontakt@summit.phpers.pl.
PRODUCT SALES AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller through the Site.
DIGITAL CONTENT - data provided by the Seller in digital form, which the Customer accesses by downloading to his/her device.
ELECTRONIC SERVICE - a service provided electronically by the Seller to the Customer through the Website
USER - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.
ORDER - the Customer's statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
§ 3
INFORMATION ON PRODUCTS AND ORDERING
Products are sold through the Website summit.phpers.pl via the Internet (conference tickets, movables).
Products offered through the Website are new, free of defects and have been legally introduced into the Polish market.
The information on the Website do not constitute an offer within the meaning of the law. The Customer, by placing an Order, makes an offer to purchase a specific Product under the conditions specified in its description.
The price of the Product shown on the Website is given in Polish zloty (PLN) and includes all components.
The price of the Product shown on the Website is binding at the moment of placing the Order by the Customer. This price will not change regardless of price changes on the Website that may occur for individual Products after the Customer places an Order.
Orders can be placed through the Website using the Order Form (summit.phpers.pl) - 24 hours a day.
The condition for placing an Order on the Website by the Customer is reading the Regulations and accepting their provisions at the time of placing the Order.
§ 4
CONCLUSION OF THE PRODUCT SALES AGREEMENT
In order to conclude a Product Sales Agreement, it is necessary for the Customer to previously place an Order by the method made available by the Seller, in accordance with § 3 points 6 and 7 of the Regulations.
After placing the Order, the Seller shall immediately confirm its reception.
Confirmation of reception of the Order, as referred to in point 2 of this paragraph, binds the Customer to his/her Order. Confirmation of reception of the Order is made by sending an e-mail message.
Confirmation of reception of the Order includes:
confirmation of all essential elements of the Order,
Regulations containing instructions on the right to withdraw from the Product Sales Agreement.
Upon reception by the Customer of the e-mail message referred to in item 4 of this paragraph, a Product Sales Agreement is concluded between the Customer and the Seller.
Each Product Sales Agreement will be confirmed by a proof of purchase (electronic confirmation sent by e-mail or a VAT invoice upon the Customer's request), which will be sent by e-mail to the Customer's e-mail address provided in the Order Form.
§ 5
METHODS OF PAYMENT
The Seller provides the following payment methods:
payment by traditional transfer to the Seller's bank account,
payment via electronic payment system (tpay.pl).
In the case of payment by traditional transfer, payment should be made to the bank account number: PL 78 1050 1520 1000 0090 8160 2113 (ING Bank Śląski S.A.) KWAKDUCK SP. Z O.O., Strzelecka 29A/39, 60-521 Poznań, NIP: 7831854406. In the title of the transfer, please write "Order No. ...".
In the case of payment via an electronic payment system, the Customer shall make payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks
The Customer is obliged to pay the price of the Product Sales Agreement within 7 working days from the date of its conclusion, unless the Product Sales Agreement specifies otherwise.
The Product, which is a movable item, may be collected by the Customer only after it has been paid for.
§ 6
ACCESS TO THE PRODUCT
Products that are movable items, may be collected by the Customer after:
booking of amount paid for the Product Sales Agreement on the Seller's account, or
positive authorization of the transaction by the electronic payment system.
The payment confirmation sent to the Customer's email address provided in the Order Form constitutes a ticket allowing participation in the conference. The Customer is required to show the payment confirmation at the entrance to the event.
Products that are movable items may be picked up by the Customer in person during the conference.
In the event that it is not possible for the Customer to pick up the movable item in person at the conference, the Customer is obliged to contact the Seller in order to determine the terms and costs of sending the Product.
§ 7
PRODUCT COMPLAINT
Warranty complaint.
The basis and scope of the Seller's liability to the Customer who is a Consumer or an entity referred to in §10 of the Regulations under the warranty covering physical and legal defects are set forth in the Civil Code Act of April 23, 1964,
notification of defects concerning the Product and submission of the corresponding request can be made via e-mail to: kontakt@summit.phpers.pl
in the above-mentioned electronic message, you should provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of occurrence of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller,
for evaluation of physical defects of the Product, it should be delivered to the address: Strzelecka 29A/39 Street, 60-521 Poznań,
The Seller shall respond to the Customer's request without delay, no later than within 14 days from the moment of filing a complaint,
in the case of a complaint from a Customer who is a Consumer, referred to in § 10 of the Regulations - failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,
the response to the complaint is provided on paper or other durable medium such as an email or SMS message.
§ 8
RIGHT OF WITHDRAWAL
Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who has concluded a Product Sales Agreement remotely, may withdraw from it without giving reasons, making a statement to that effect within 14 days. To meet this deadline it is sufficient to send a statement of withdrawal provided by the Website.
In the event of withdrawal from the Product Sales Agreement, the Product Sales Agreement is considered unconcluded, and the Consumer or the entity referred to in § 10 of the Regulations are obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to receive it without delay, but no later than 14 days from the date on which he or she withdrew from the Product Sales Agreement, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiration.
In case of withdrawal from the Product Sales Agreement, the Product should be returned to the address: Strzelecka 29A/39, 60-521 Poznań.
The Consumer or entity referred to in § 10 of the Regulations shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Regulations should handle and inspect the Products only in the same manner as they would do in a stationary store.
Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the costs of its delivery using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 of theRegulations expressly agreed to a different method of return that does not involve any costs for them. Subject to Section 7 of this paragraph, the return will be made immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Product Sales Agreement.
If the Consumer or the entity referred to in § 10 of the Regulations have chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Website, the Seller is not obliged to reimburse the additional costs incurred Consumer or the entity referred to in § 10 of the Regulations.
If the Seller has not offered to collect the Product itself from the Consumer or the entity referred to in § 10 of the Regulations, the Seller may withhold reimbursement of payments received from the Consumer until it receives the item back or the Consumer or the entity referred to in § 10 of the Regulations provides proof of its return, whichever event occurs first.
The Consumer or the entity referred to in § 10 of the Regulations, withdrawing from the Product Sales Agreement, in accordance with point 1 of this paragraph, shall bear only the costs of sending the Product back to the Seller.
The fourteen-day period within which the Consumer or entity referred to in § 10 of the Regulations may withdraw from the Product Sales Agreement shall be counted from the day on which the Consumer or entity referred to in § 10 of the Regulations took possession of the Product, and in the case of services from the date of conclusion of the Product Sales Agreement .
The right to withdraw from the agreement concluded at a distance is not granted to the Consumer or the entity referred to in § 10 of the Regulations, in the case of a Product Sales Agreement:
in which the Product is a non-refabricated item, manufactured to the consumer's specifications or serving to satisfy his/her individualized needs,
in which the Product is an item delivered in a sealed package that cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery,
in which the Product due to its nature, becomes inseparable from other things upon delivery,
in which the Product is a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of service by the Seller, the Consumer will lose the right to withdraw from the Product Sales Agreement,
in which the Product is an item that deteriorates rapidly or has a short shelf life.
for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract.
The right of withdrawal from the Product Sales Agreement is granted to both the Seller and the Customer, in case of failure of the other party to perform its obligation within a strictly defined period.
§ 9
PROVISIONS FOR ENTREPRENEURS (B2B)
This paragraph contains provisions related only to entrepreneurs not covered by the protection of the Consumer Rights Act, referred to in § 10 of the Regulations
The Seller has the right to withdraw from the Product Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Product Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
The Seller has the right to limit, in relation to Customers who are not Consumers, the methods of payment made available to them, including requiring prepayment of part or all of the sales price regardless of the method of payment chosen by the Customer and the fact of concluding a Product Sales Agreement.
The Seller may terminate the Product Sales Agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Customer who is not a Consumer a notice of termination.
§ 10
PROVISIONS FOR ENTREPRENEURS WITH THE RIGHTS OF CONSUMERS
A sole proprietor (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act, provided that the Product Sales Agreement he concludes with the Seller is not of a professional nature.
The business person referred to in point 1 of this paragraph is protected only with respect to:
prohibited contractual provisions - so-called abusive clauses,
liability under warranty for physical and legal defects of the Product, in accordance with § 7 of the Regulations,
the right of withdrawal from a contract concluded at a distance, in accordance with § 8 of the Terms and Conditions.
The entrepreneur referred in point 1 of this paragraph loses his rights under consumer protection in the event that the Product Sales Agreement he has concluded with the Seller has a professional character, which is verified on the basis of the entry of this entrepreneur in the Central Register and Information on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Business Activity indicated there.
Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by county consumer ombudsmen as well as the President of UOKiK.
§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES
The Seller allows through the Website use of the Electronic Service, which is the conclusion of Product Sales Agreements.
Provision of Electronic Service to the Customers through the Website takes place under the terms and conditions specified in the Regulations.
The Seller is entitled to post advertising content on the Website. This content is an integral part of the Website and the materials presented on it.
§ 12
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF PRODUCT SALES AGREEMENTS OF ELECTRONIC SERVICES
Provision of the Electronic Service specified in § 11.1 of the Regulations by the Seller is free of charge.
The agreement for the provision of Electronic Services consisting of enabling the Order to be placed via the Website is concluded for a definite period of time and is terminated at the time of placing the Order or at the time of discontinuation of its placement by the Customer.
Technical requirements necessary for access to the information and communication system used by the Seller:
computer (or mobile device) with access to the Internet,
access to e-mail,
web browser,
inclusion of Cookies and Javascript in the web browser.
The Customer is obliged to use the Website in a manner consistent with the law and good morals, bearing in mind respect for personal property and intellectual property rights of third parties.
The Customer is obliged to enter data in accordance with the facts.
The Customeris prohibited to provide content of an unlawful nature.
§ 13
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
Complaints related to the provision of Electronic Services through the Website may be submitted by the Customer via e-mail to: kontakt@summit.phpers.pl.
In the aforementioned e-mail message, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller.
Consideration of the complaint by the Seller will be made without delay, no later than within 14 days from the date of notification.
The Seller’s response to the complaint shall be sent to the Customer’s e-mail address provided in the complaint notification or in any other manner provided by the Customer.
§ 14
INTELLECTUAL PROPERTY
All content posted on the Website at summit.phpers.pl falls under copyright protection and are the property of KWAKDUCK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ registered in the Register of Entrepreneurs by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register, place of business and address for delivery: ul. Strzelecka 29A/39, 60-521 Poznań, NIP: 7831854406, REGON: 521605636. The Customer shall be fully liable for any damage caused to the Seller, resulting from the use of any content of the summit.phpers.pl website, without the consent of the Seller.
Any use by anyone, without the express written consent of the Seller, of any of the elements comprising the content of the summit.phpers.pl website constitutes an infringement of the Seller’'s copyright and will result in civil and criminal liability.
All trade names, Product names, company names and their logos used on the Website at summit.phpers.pl belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images presented on the website at summit.phpers.pl are used for informational purposes.
§ 15
FINAL PROVISIONS
Product Sales Agreements concluded through the Website are concluded in accordance with Polish law.
If any part of the Regulations is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision of the Regulations.
Any disputes arising from Product Sales Agreements between the Seller and Customers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on Out-Of-Court Settlement of Consumer Disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of general jurisdiction, in accordance with Section 4 of this paragraph.
Judicial settlement of disputes:
any disputes arising between the Seller and the Customer who is also a Consumer or an entity referred to in §10 of the Regulations shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964,
any disputes arising between the Seller and the Customer who is not at the same time a Consumer, referred to in §9 of the Regulations, shall be submitted to the competent court for the seat of the Service Provider.
A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
In order to resolve a dispute amicably, a Customer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.