Online Store Terms and Conditions

 

  1. General Provisions
    These Terms and Conditions (hereinafter referred to as the “Regulations”) set out the general terms, rules, and manner of sales conducted by Sigotech Grzegorz Sikorski, with its registered office at: ul. Struzika 10/26, 41-806 Zabrze, NIP: 6482268173 (hereinafter referred to as the “Seller”), via the online store operating at the domain backdropvista.pl (hereinafter referred to as the “Online Store”). They also define the terms and conditions for the provision of free electronic services by the Seller.

§ 1 Definitions

  • Business Days – means the days of the week from Monday to Friday, excluding public holidays.
  • Delivery – means the actual act of delivering the Goods specified in the order to the Customer by the Seller, through the Carrier.
  • Carrier – means an entity cooperating with the Seller in delivering the Goods:
    1. Courier company,
    2. Poczta Polska S.A. with its registered office in Warsaw,
    3. The Seller’s own transport.
  • Password – means a string of letters, digits, or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account.
  • Customer – means an entity for whom, in accordance with the Regulations and the provisions of law, electronic services may be provided or with whom a Sales Agreement may be concluded.
  • Consumer – means a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity.
  • Customer Account – means an individual panel for each Customer, launched on their behalf by the Seller after Registration and the conclusion of the agreement for the provision of the “Customer Account” service.
  • Entrepreneur – means a natural person, legal person, or organizational unit not being a legal person, to which the law grants legal capacity, conducting business or professional activity on their own behalf, entering into a legal transaction directly related to that business or professional activity.
  • Regulations – means these terms and conditions.
  • Registration – means the actual act performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
  • Seller – means the company Sigotech Grzegorz Sikorski, ul. Struzika 10/26, 41-806 Zabrze, NIP: 6482268173, e-mail: contact@backdropvista.com, which is also the owner of the Online Store.
  • Online Store Website – means the websites under which the Seller runs the Online Store, operating in the domain backdropvista.pl.
  • Training – means a type of paid service provided by the Seller via the Online Store Website, consisting of the Customer’s participation in educational classes aimed at acquiring, supplementing, or improving skills by providing theoretical and practical knowledge.
  • Goods – means a product presented by the Seller via the Online Store Website that may be the subject of a Sales Agreement.
  • Durable Medium – means a material or tool that enables the Customer or the Seller to store information addressed personally to them, in a way accessible for future reference for a period adequate to the purposes of the information, and which allows the unchanged reproduction of the information stored.
  • Sales Agreement – means a sales agreement concluded at a distance, under the terms set out in the Regulations, between the Customer and the Seller.
  • Service – means a service presented by the Seller via the Online Store Website.

§ 2 General Provisions and Use of the Online Store

  1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Online Store Website, as well as to patterns, forms, logos, and photos posted on the Online Store Website, belong to the Seller. Use of these may occur only as specified and in accordance with the Regulations and with the Seller’s written consent.
  2. The Seller will make every effort to ensure that using the Online Store is possible for Internet users using all popular web browsers, operating systems, device types, and Internet connection types. The minimum technical requirements include, among others, Internet Explorer 11 or Chrome 66 or Firefox 60 or Opera 53 or Safari 5 (or newer) with JavaScript enabled and the acceptance of “cookies,” as well as an internet connection with a bandwidth of at least 256 kbit/s. The website is optimized for a minimum screen resolution of 1024×768 pixels.
  3. The Seller uses “cookies,” which, during the Customer’s use of the Online Store Website, are saved by the server on the hard drive of the Customer’s end device. This mechanism does not damage the Customer’s end device or cause configuration changes in the software. The Customer may disable the use of “cookies” in their browser at any time, although this may cause difficulties or make it impossible to use the Online Store Website.
  4. In order to place an order in the Online Store (both via the website and by e-mail) and to use the services available on the Online Store Website, the Customer must have an active email account.
  5. To place an order by phone, the Customer must have an active phone number and an active email account.
  6. It is prohibited to provide unlawful content and to use the Online Store, the Online Store Website, or the free services provided by the Seller in a manner contrary to the law, good manners, or infringing the personal rights of third parties.
  7. The public nature of the Internet may involve the risk of unauthorized persons obtaining and modifying Customer data. The Customer should use appropriate technical measures to minimize these risks, including antivirus and identity protection software. The Seller never asks the Customer to provide their Password in any form.
  8. It is not permitted to use the resources and functions of the Online Store to conduct activities by the Customer that violate the interests of the Seller, such as advertising another entrepreneur or product, posting false or misleading content, or content unrelated to the Seller’s activities.

§ 3 Registration

  1. In order to create a Customer Account, the Customer must perform a free Registration.
  2. Registration is not required to place an order in the Online Store.
  3. To register, the Customer must complete the registration form and submit it electronically, while also setting an individual Password.
  4. While filling out the registration form, the Customer can read the Regulations and accept their content by checking the appropriate box.
  5. After submitting the form, the Customer receives confirmation of the Registration at the email address provided. At this moment, the agreement for the electronic provision of the “Customer Account” service is concluded.

§ 4 Orders

  1. The information on the Online Store Website does not constitute an offer within the meaning of the Polish Civil Code, but an invitation to submit offers.
  2. The Customer may place orders via the Online Store Website or by email 7 days a week, 24 hours a day.
  3. The Customer may also place orders by phone during the hours indicated on the Online Store Website.
  4. For orders placed via the website, the Customer adds the selected Goods to the “cart,” then chooses the method of Delivery and the form of payment. Next, by clicking the button “Confirm order with obligation to pay,” the Customer places an order.
  5. When placing an order by phone, the Customer provides the Seller with the name of the Goods, quantity, method and address of Delivery, and the form of payment. The Seller confirms the price and any additional costs by phone.
  6. After concluding the Sales Agreement by phone, the Seller will send confirmation of the terms of the Agreement on a Durable Medium.
  7. When placing an order by email, the Customer sends the name of the Goods, color, quantity, and contact details. The Seller responds with the price, payment methods, and Delivery method. The Customer then, in a return message, chooses one of the available options.
  8. Placing an order is an offer to conclude a Sales Agreement.
  9. After placing an order, the Customer receives confirmation of receipt of the order and then information on its processing. At that moment, the Sales Agreement is concluded.
  10. After concluding the Sales Agreement, the Seller confirms its terms on a Durable Medium (by email or in paper form).

§ 5 Training

  1. To use the Training service, the Customer completes the registration form available on the Online Store Website and confirms enrollment by selecting the “ENROLL” option.
  2. If the subject of the Agreement is the Training service, the Customer may consent (by checking the appropriate box) for the Seller to begin providing the Service before the expiration of the period for withdrawal from the Agreement.
  3. The Customer is informed about the price, duration, and location of the Training and the scope of the service prior to the conclusion of the Agreement.
  4. Placing an order constitutes an offer to conclude an Agreement for the provision of the Training service.
  5. After placing the order, the Seller sends a confirmation of receipt to the Customer’s email. Upon the Customer receiving this confirmation, the Agreement is concluded.
  6. The Seller confirms the terms of the Agreement on a Durable Medium (by email or in paper form).

§ 6 Payments

  1. The prices listed on the Online Store Website are gross prices and do not include Delivery costs or any additional charges. Information about such costs appears when choosing Delivery and placing an order.
  2. The Customer can choose the following forms of payment for the ordered Goods:
    1. Bank transfer to the Seller’s account (order processed after the funds are credited),
    2. Bank transfer to the Seller’s account with personal pickup (Goods released after payment is credited),
    3. Card payment or bank transfer via PayU (handled by PayU S.A., headquartered in Poznań),
    4. Bank transfer via PayPal (handled by PayPal (Europe) S.à r.l. & Cie, S.C.A.),
    5. Cash on delivery, payable to the Carrier upon receipt,
    6. Cash upon personal pickup at the Seller’s office.
  3. The Customer should make payment within 7 Business Days if a prepayment method is chosen.
  4. In the absence of payment within the above timeframe, the Seller may set an additional payment date and notify the Customer. After the ineffective expiry of this additional period, the Seller may withdraw from the Sales Agreement.

§ 6a Payments via imoje Payment Gateway (ING Bank Śląski S.A.)

  1. The Seller additionally provides in the Online Store the option to pay using the imoje payment gateway, operated by ING Bank Śląski S.A., with its registered office in Katowice, ul. Sokolska 34, 40-086 Katowice, entered in the Register of Entrepreneurs under KRS No. 0000005459 (hereinafter the “Payment Operator” or the “Bank”).
  2. Selecting the imoje payment method means that the Customer accepts the provisions of the “imoje Payment Regulations” available on the Payment Operator’s website (https://www.imoje.pl/regulamin) and concludes a separate Payment Agreement with the Bank as defined in those regulations. The Bank provides payment services enabling the Customer to make a payment to the Seller, including, among others:
    • Payment by credit or debit card (including foreign cards),
    • BLIK payments,
    • Electronic transfers and initiation of transfers (so-called “pay-by-link” and similar),
    • Financing services “imoje pay later,” “imoje installments,” “ING Lease Now” (if implemented in the Store).
  3. Using the imoje gateway does not require the Customer to open an additional payment account with the Bank and is carried out in accordance with the provisions of the Polish Act on Payment Services.
  4. Depending on the chosen method, the Payment Operator may require the Customer to provide the necessary data needed for payment authorization (e.g., card details, BLIK code, bank login, etc.). The Customer is obliged to provide only true and up-to-date data.
  5. The Seller is not responsible for any disruptions in the functioning of the imoje gateway resulting from causes attributable to the Bank, the Bank’s Partners, or other entities participating in the payment process.
  6. Any complaints or claims related to the functioning of the imoje gateway or failure to perform or improper performance of imoje payments can be directed to the Payment Operator, in accordance with the procedures indicated in the imoje Payment Regulations. The Customer can also contact the Seller directly for matters related to the order.
  7. If the Customer uses financing services (e.g., “imoje installments,” “imoje pay later”), they conclude an additional agreement with the Bank’s Partner under the terms specified in that Partner’s documents. The Seller is not a party to such an agreement and is not responsible for the Partner’s credit decisions.

§ 7 Delivery

  1. The Seller delivers Goods within the territory of the European Union.
  2. The Seller undertakes to deliver Goods free from physical and legal defects.
  3. Information on the order processing time and Delivery (in Business Days) is provided on the Online Store Website.
  4. The Delivery date is counted from the moment the order processing begins, in accordance with the chosen payment method and the provisions of §6(2).
  5. The Goods are delivered to the address specified in the order.
  6. On the day the Goods are dispatched, the Customer receives an email confirming that the shipment has been sent.
  7. The Customer should inspect the parcel at the time of receipt. In the event of damage or shortage, the Customer has the right to demand the Carrier prepare a damage report.
  8. It is possible to pick up the Goods in person at the Seller’s office on Business Days during the hours indicated on the Online Store Website, after prior arrangement.
  9. At the Customer’s request, the Seller includes either a receipt or a VAT invoice covering the Goods delivered.
  10. In the event of the Customer’s absence at the address indicated, the Carrier leaves a notice or attempts to contact by phone to arrange a new delivery date. If the Goods are returned to the Seller, the Seller will contact the Customer to determine the next steps.

§ 8 Warranty (Rękojmia)

  1. The Seller is liable for physical and legal defects of the Goods (warranty liability/rękojmia) to the extent specified by law.
  2. In the event of a defect in the Goods, the Customer may:
    1. Submit a declaration of price reduction or withdrawal from the Agreement, unless the Seller promptly and without undue inconvenience replaces the defective Goods with Goods free of defects or remedies the defect.
    2. Demand replacement of the defective Goods with Goods free of defects or remedy the defect. The Seller is obliged to replace the Goods or remedy the defect within a reasonable time without undue inconvenience to the Customer.
  3. A Customer exercising warranty rights is required to deliver the defective Goods to the Seller’s address. In the case of a Consumer, the cost of delivery is covered by the Seller.
  4. The Seller is liable under the warranty if the defect is found within two years of the date the Goods were handed over to the Customer.
  5. Complaints can be submitted in writing to the Seller’s address. The Seller will respond within 14 days.
  6. Complaints regarding free electronic services can be submitted by email to: contact@backdropvista.com. The Seller will respond within 14 days.
  7. The Seller does not use out-of-court dispute resolution as defined in the Polish Act on Out-of-Court Consumer Dispute Resolution.

§ 9 Guarantee

  1. Goods sold by the Seller may be covered by a manufacturer’s or distributor’s guarantee.
  2. Information regarding any such guarantee is provided in the description of the Goods on the Online Store Website.

§ 10 Withdrawal from the Sales Agreement

  1. A Consumer has the right to withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period for withdrawal begins:
    1. For a sales agreement concerning Goods – from the moment the Goods are taken possession of by the Consumer or a third party indicated by the Consumer.
    2. For other agreements – from the date of their conclusion.
  3. The Consumer may submit a statement of withdrawal in writing to the Seller’s address or by email. They may use the withdrawal form template available on the Online Store Website.
  4. Withdrawal means that the Sales Agreement is considered not concluded.
  5. The Seller will refund all payments made by the Consumer (including Delivery costs) immediately, but not later than 14 days from the day of receiving the statement of withdrawal. The Seller may withhold the refund until receiving the Goods back or proof of their return.
  6. If the Consumer chose a Delivery method other than the cheapest regular method offered by the Seller, the Seller is not required to reimburse the additional costs.
  7. The Consumer should return the Goods within 14 days of withdrawal. The cost of return is borne by the Consumer (unless otherwise stipulated by law).
  8. The Consumer is liable for any reduction in the value of the Goods resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
  9. The refund will be made using the same payment method unless the Consumer agrees otherwise.
  10. The right of withdrawal does not apply to Goods delivered in sealed packaging that cannot be returned after opening for health or hygiene reasons if the packaging has been opened.
  11. The right of withdrawal also does not apply to services fully performed with the explicit consent of the Consumer.

§ 11 Free Services

  1. The Seller provides the following free electronic services to Customers:
    1. Contact form,
    2. Newsletter,
    3. Customer Account,
    4. Posting reviews/opinions.
  2. These services are available 7 days a week, 24 hours a day.
  3. The Seller may change the scope and form of free services, of which it will inform the Customers as appropriate for amending the Regulations.
  4. Contact form – allows sending a message to the Seller using the form on the Online Store Website.
  5. Newsletter – allows receiving information about new products and services. To subscribe, the Customer provides an email address and confirms their subscription using the activation link. The Customer may unsubscribe at any time by clicking the link in the message or using the Account settings.
  6. Customer Account – available after Registration. It enables, among others, the modification of data, monitoring the status of orders, and viewing order history. The Customer may request deletion of the Account at any time.
  7. Posting reviews/opinions – allows Customers to publish their own statements on the Online Store Website. To discontinue using this service, simply stop posting content.
  8. The Seller may block access to the Account or free services if the Customer violates the Regulations or applicable law.

§ 12 Customer’s Liability for Posted Content

  1. Content posted by the Customer represents their own opinions and may not reflect the Seller’s views. The Seller is not the provider of such content but only provides IT resources for publication.
  2. The Customer declares that:
    1. They are authorized to use the copyrights, industrial property rights, and/or related rights to the content posted.
    2. The inclusion of personal data, image, or information about third parties was done legally, voluntarily, and with their consent.
    3. They consent to access and use of the content by other Customers and the Seller, and to its free use in accordance with the Regulations.
    4. They consent to the creation of derivative works of their content within the meaning of the Polish Copyright and Related Rights Act.
  3. The Customer may not post personal data of third parties or any advertising/promotional content without having the necessary authorizations.
  4. The Seller is liable for posted content only if it receives a notification according to §13 and fails to promptly remove or block access to the indicated content.
  5. It is prohibited to post content that infringes the rights of third parties, is offensive, vulgar, misleading, or otherwise violates decency or the law.
  6. In case of notification of a violation, the Seller may modify or remove content inconsistent with the Regulations or the law.
  7. The Customer grants the Seller a free license to use the posted content on the Online Store Website.

§ 13 Reporting Threats or Violations of Rights

  1. If a Customer or another entity believes that any content on the Online Store Website violates their rights, personal rights, or other provisions, they may notify the Seller of this.
  2. Upon receiving such notification, the Seller will take steps to remove the disputed content from the Online Store Website.

§ 14 Protection of Personal Data
Rules for the protection of personal data are set out in the Privacy Policy available on the Online Store Website.

§ 15 Termination of the Agreement (Does Not Apply to Sales Agreements)

  1. The Customer and the Seller may terminate the agreement for the provision of electronic services at any time without giving reasons, while respecting any acquired rights of the other party.
  2. A Customer who has completed Registration may terminate the agreement by submitting a statement of intent in any form that allows the Seller to become familiar with its content (e.g., by email).
  3. The Seller may terminate the agreement for the provision of electronic services by sending a statement of intent to the Customer’s email address provided during Registration.

§ 16 Final Provisions

  1. The Seller is liable for non-performance or improper performance of the agreement. In agreements concluded with Entrepreneurs, liability is limited to intentional damage and to actual losses incurred.
  2. The Regulations can be recorded by printing, saving to a medium, or downloading from the Online Store Website.
  3. Any disputes arising under a Sales Agreement will be attempted to be resolved amicably; if no agreement is reached, the dispute will be settled by the competent common court in accordance with Polish law.
  4. The Consumer has the possibility to use out-of-court complaint handling and claim pursuit methods. Detailed information can be found on the websites of the Office of Competition and Consumer Protection (UOKiK) and local government units (consumer ombudsmen, Trade Inspection Inspectorates). The Consumer may also use the ODR (Online Dispute Resolution) platform at http://ec.europa.eu/consumers/odr/.
  5. The Seller reserves the right to amend the Regulations. Orders accepted before the change will be processed according to the existing terms. The Customer will be informed about any amendments at least 7 days before their entry into force, with an option to terminate the agreement.
  6. These Regulations enter into force on 01.04.2020 (including updates related to imoje payments).

Seller’s correspondence and returns address:
Sigotech Grzegorz Sikorski
ul. Struzika 10/26
41-806 Zabrze
NIP: 6482268173
E-mail: contact@backdropvista.com