SQUARE GAME online store term and conditions
Article 1. General provisions
- These Regulations define the rules of using online store Square-Game
- These Regulations is a regulations referred to in Article 8 section 1 point 1) of the Act on provision of services by electronic means.
- The content of these Regulations is available free of charge via the online store Square-Game in order to getting familiar with its content before concluding the contract, as well as its downloading, recording and printing.
- The internet shopping via the online store Square-Game, means that the Buyer accepts the provisions of these Regulations and agrees to be bound by its.
- The Seller provides the services by electronic means in accordance with these Regulations.
- E-mail address and phone number appropriate for contact with the administrator of the Square-Game online store is: firstname.lastname@example.org, +48 570 540 926.
Article 2. Definitions
In the Regulations, unless otherwise defined, the following capitalized terms shall have the meanings ascribed to them below:
shall mean polish Civil Code Act dated 23 April 1964 (Polish Journal of Laws of 1964, No. 16, item 93, as amended);
shall mean natural person making the legal action not directly related to its business activity;
shall mean natural person on age, including Consumer, legal person or legal entity or an organization which is not a legal entity, but who can acquire rights and incur liabilities in his own name, making purchases in Square-Game;
means a commodity, a movable item being the subject of sale via the Square-Game;
shall mean this Regulations;
shall mean SQUARE Karcz spółka jawna (general partnership), having its registered office in Trzebinia, 107 Piłsudskiego Street, 32-540 Trzebinia, Poland, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Kraków-Śródmieście in Cracow, XIIth Commercial Division of the National Court Register, under KRS number 0000632564, having a tax identification number NIP 6282267265;
shall mean online store operating at the website , maintained and administered by the Seller;
Act on consumer rights
shall mean Act of May 30, 2014 on consumer rights (Polish Journal of Laws of 2014, item 827, as amended);
Act on provision of services by electronic means
shall mean Act of July 18, 2002 on provision of services by electronic means(Polish Journal of Laws 2002, no. 144, item 1204).
Article 3. Subject matter
The Regulations specify:
- Types and scope of services provided by electronic meansvia the Square-Game;
- Terms of providing services by electronic means, including the conditions for concluding and terminating the contract for the provision of services by electronic means;
- The condition necessary to conclude the sale contract;
- The Buyers’ rights and obligations related to the provision of services by electronic means and a sales contract;
- Complaint procedures;
- Rules on protection of the Buyers’ personal datas.
Article 4. Terms of providing services by electronic means
- To use the online store Square-Game it is necessary to have a device which:
- has access to the Internet;
- allows to browse Internet resources;
- sending and receiving electronic mail.
- In order to use Square-Game properly it is required that the Buyer use the software, hardware and tools necessary to use the current version of the web browser Chrome, Firefox or other supported by the Service Provider when providing Square-Game.
- The Service Provider informs that Square-Game contains content protected by intellectual property rights, in particular texts, graphics, trademarks, logos, photos. The content referred to in the foregoing sentence may not be copied or reproduced or disseminated in any form and in any way without the prior consent of the Service Provider or the entity that is the holder of the rights to such content.
- The Buyer shall bear the costs of access to the Internet network, according to the rates applicable in operator providing Internet access services.
Article 5. Registration and rules of using the Square-Game
- Purchase of Products in the Square-Game is possible after creating a customer account, by filling out a form can be found on the Internet at http://www.square-game.eu. In order to correctly fill in the form, please provide the following data: name and surname (company), address of residence (registered office), shipment address, e-mail address, mobile phone number. After registration, a contract for the provision of services in electronic means is concluded. It is also possible to purchase of Products in the Square-Game without creating a customer account, by purchasing as a "Guest".
- Each of the parties of the contract for the provision of services in electronic means is entitled to termination of such agreement by the notification of removal of the Buyer’s account. The Service Provider is additionally entitled to terminate the contract for the provision of services in electronic means in case of violating the provisions of the Regulations by the Buyer or in case of non-acceptance of its provisions by the Buyer.
- While registering, the buyer is required to provide true and complete information.
- Purchasing of Products in the Square-Game using created customer account, the Buyer can change their contact details at any time, in order to update them and has the opportunity to view shopping history.
- It is prohibited to place / enter by the Buyer content that is unlawful or offensive, content that may be misleading to take actions that may cause disruptions in the functioning of the Square-Game. If the Service Provider receives information about the unlawful nature of stored data provided by the Buyer, the Service Provider may prevent access to this data. The Service Provider shall not be liable to the Buyer for any damage caused as a result of the prevent access to such data.
Article 6. The procedure of concluding the sales contract and placing orders
- All information about Products placed in Square-Game does not constitute an offer to sell within the meaning of the provisions of the Civil Code, but they are an invitation for purchasing within the meaning of art. 71 of the Civil Code.
- In order to place an order the Buyer is obliged to make a choice:
- select the ordered Products and its amount;
- delivery method and the shipment address and address to which the invoice is to be issued;
- payment method.
- Upon submission of the order by the Buyer, an offer to conclude a sales agreement is submit and the payment made by the Buyer (except for the payment made at the receipt of the order) is, until the Seller sends the confirmation of the order to be processed, prepayment for the order.
- The confirmation of the acceptance of the order to be sent by the Seller to the address provided by the Buyer is a statement on the acceptance of the offer submitted previously by the Buyer and provides for the conclusion of a sales contract between the Buyer and the Seller.
- All orders are processed in order of receipt until the stock depletion. If ordered goods is unavailable, a relevant message shall be sent to the e-mail address provided by the Buyer at least within 7 (seven) days from the date of conclusion of the sale agreement and will return the money paid by the Buyer.
Article 7. Price, payment and shipping of the Products
- All prices which shown in Square-Game:
- include Value Added Tax (VAT);
- does not include shipping costs, which the Buyer is obliged to pay.
- The total cost of the contract shall be the value of the ordered Products and shipping costs.
- Shipping costs depends on weight and destination of the ordered Products.
- The Buyer may choose among the following methods of payment:
- via PayPal or Braintree payment systems;
- payment by bank transfer to the Seller's bank account.
- The ordered Products are sent at the latest within 48 hours from concluding of a sale contract.
- The term of delivery of the ordered Products by the courierdepends each time on the selected type of shipment and results from the conditions for the provision of transport services used by the transport company.
- The ordered Products are delivery by DPD transport company and its partner company in case of delivery outside of Poland.
Article 8. Right to withdraw the sales contract concluded at a distance
- The provisions of this Article shall apply to the Buyers which are the Consumer.
- The Consumer is entitled to withdraw in writing from sale contract concluded at a distance, without giving reasons, within 14 (fourteen) days from the date of receipt of the shipment containing the ordered Product.
- If the Consumer exercises its right of withdrawal, sale contract shall be considered not concluded. Whatever the parties have already provided is returned unchanged unless the change was necessary as part of ordinary management.
- The statement on withdrawal from the sale contract should be submitted in writing and sent to the Seller’s address, indicated in these Regulations. The sample statement on withdrawal from the sale contract is attached as the Appendix 1 hereto.
- The product concerned by the statement on withdrawal from the sale contract concluded at a distance should be sent back to the Seller's address no later than within 14 (fourteen) days from the date of submitting the statement of withdrawal from the sale contract. The returned Product may be returned together with statement on withdrawal from the sale contract. The Seller shall not bear the costs of returning the Product, which shall be borne entirely by the Buyer.
- Subject to the provisions of the Act on consumer rights, the payment made by the Consumer will be returned to them by the Seller within 14 (fourteen) days at the latest.
Article 9. Complaint procedure
- Complaint procedure concerning service providing by electronic means is specified in sections 2 -5 hereunder.
- Complaints regarding the provision services by electronic means via Square-Game should be submitted in writing to the address: SQUARE sp. j., 107 Piłsudskiego Street, 32-540 Trzebinia, Poland. Complaints may also be sent via e-mail to the e-mail address: email@example.com.
- Complaint should contains:
- the Buyer’s name;
- correspondence address;
- type, date and time of irregularities related to the functioning of the Square-Game or the service provided;
- additional information (i.e. screen shots).
- The complaints shall be considered not later than within 14 (fourteen) days from the date of their receipt.
- The Service Provider shall inform the Buyer immediately about the results of the complaint.
- Complaint procedure concerning the performance of sales contracts is specified in sections 7 - 10 hereunder.
- The Seller is obliged to deliver the Product free from any defects. In the case of discovery a defect in the Product, the Buyer is entitled to warranty rights for defects. The Seller excludes the warranty for Product defects, if the Buyer is not a Consumer.
- By exercising warranty rights, the Buyer may request repair of the Product, replace the Product with a product free from defects, reduce the price of the Product or may withdraw from the sales contract. In this case, the Buyer should return the Product to the address of the Seller: SQUARE sp. j., 107 Piłsudskiego Street, 32-540 Trzebinia, Poland. The returning Product should be accompanied by an invoice confirming the purchase along with a description of the Product defects.
- Complaint concerning failure to perform or incorrect performance of the sale contract is submitted by the Buyer by sending a description of the event to the e-mail address firstname.lastname@example.org or in writing to the Seller’s address: SQUARE sp. j., 107 Piłsudskiego Street, 32-540 Trzebinia, Poland.
- The Seller shall immediately, but no later than within 14 (fourteen) days from the date of receipt of the complaint or shipment with the Product, if the object of the complaint are Product defects, will address the Buyer's statement and inform the Buyer about further proceedings.
Article 10. Personal data
- Personal data entrusted to the Seller by the Buyers in connection with the account registration and use of the Square-Game are processed by the company under the business name SQUARE Karcz spółka jawna (general partnership) having its registered office in Trzebinia, 107 Piłsudskiego Street, 32-540 Trzebinia, Poland, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Kraków-Śródmieście in Cracow, XIIth Commercial Division of the National Court Register, under KRS number 0000632564, having a tax identification number NIP 6282267265, which is the administrator of the said data as meant by the Act of May 24, 2018 on the protection of personal data (Polish Journal of Laws 2018, item 1000).
- The personal data provided by the Buyers, i.e. name, permanent address, shipment address, electronic address, phone number are processed in following purposes:
- to establish, shape the content of contract, change, solve and proper realization services provided by electronic means (managing the customer's account);
- to realize placed orders;
- to complaints consider;
- to handle statements of withdrawal from the sale contract (return of the Products);
- to fulfill the obligations of storing accounting documents, in accordance with applicable regulations.
- The basis for the processing of the Buyer’s personal data is performance of sale contract and contract of providing services by electronic means. In that scope, the provision of personal information is voluntary, however such information is necessary for providing services by electronic means and make purchases in the Square-Game. When processing personal data, the Seller fulfil its legal obligations, i.e. obligations to issue an invoices. In order to purpose of processing of personal data which is responding to requests to exercise the right of access, rectification, removal and objection, as well as inquiries and complaints from the interested party, the personal data are processing the basis is the consent given by the Buyer. The personal data provided by the Buyers are recorded and shared to the company providing hosting services, transport company and to the accountant, for the purpose of performing an order. Abovementioned entities process the Buyer’s personal data on the basis on the agreement concluded with the Seller and according to the Seller’s instructions.
- After entrusting personal data, the Buyer has the right to:
- withdraw the consent on processing personal data;
- access their personal data;
- request to rectification, updating or removal of the data;
- request to remove the data;
- restriction of the processing of personal data;
- lodge a complaint to supervisory authority.
- The Buyer has the option by its own to edit and delete personal data provided to the Seller via the Square-Game (section My Account – My Personal Information). At any time the Buyer may contact with the Seller with demand to delete its customer account by sending an e-mail message on address: email@example.com from e-mail address which was used to creating a customer account, or request it by My account settings in account control panel.
- The Seller processing personal data until the customer account of the Buyer are deleted, and after delete, within the time limits allowing the Seller vindicate a claim or defend against claims for use of our services and the purchase of Products, as well as until the obligation to store data resulting from legal provisions expires, in particular the obligation to keep accounting documents.
Article 11. Alternative dispute resolution methods
- The consumer may use the help of a regional or municipal Consumer Ombudsman, voivodeship inspectorates of the Trade Inspection or one of the social organizations, whose statutory tasks include consumer protection, e.g. the Consumer Federation. Detailed information on alternative dispute resolution methods and vindicate a claim is available at the premises or on the websites of consumer ombudsmen, voivodeship inspectorates of the Trade Inspection, relevant social organizations and addresses available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl/wazne_adresy.php.
- Details on the methods and access to alternative dispute resolution methods can be found on the website of the Office of Competition and Consumer Protection.
- At http://ec.europa.eu/consumers/odr/ is available the on-line dispute resolution platform between consumers and the entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking a non-judicial resolution of a dispute regarding contractual obligations arising from an online sales contract or service contract.
Article 12. The final provisions
- These Regulations shall come into effect on 01.08.2018.
- The Seller reserves the right to change these Regulations. In the event of a change to the Regulations, the amended content will be made available at http://www.square-game.eu/ at least 7 (seven) days before the date of its entry into force. Any changes to the Regulations enter into force on the date indicated by the Seller, not shorter than 7 (seven) days from the date they are available at http://www.square-game.eu/. All orders placed before the date of entry into force of amendments to these Regulations shall be implemented on the basis of the provisions in force on the day of their submission.