TABLE OF CONTENTS:
ELECTRONIC SERVICES ON THE WEBSITE
TERMS OF CONCLUDING THE SALES AGREEMENT
WAYS AND TERMS OF PAYMENT FOR THE PRODUCT
COST, METHODS AND DATE OF SERVICE
The BLOGBOOSTER website cares about consumer rights. The consumer may not waive the rights granted to him in the Act on Consumer Rights. Provisions of contracts less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and should be applied.
- GENERAL
1.1. The website available at the Internet address BLOGBOOSTER.pl is run by Design Solutions (address of the place of business and address for correspondence: ul. Jesionowa 58/7, 50-504 Wrocław
) entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, NIP: 8871760988 and e-mail address: contact@blogbooster.ai
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Website (except point 9 of the Regulations, which is addressed only to entrepreneurs).
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, to the extent and based on the principles indicated in the privacy policy published on the Website. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available on the Website that allows you to create an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available on the Website that allows placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a collection of resources in the Service Provider’s ICT system, in which data provided by the Service Recipient and information about Orders placed by him on the Website are collected.
1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions on the Website. Newsletter – use of The Newsletter takes place after providing the e-mail address in the “Newsletter” tab visible on the Website, to which subsequent editions of the Newsletter are to be sent and clicking the “
The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular viaby e-mail to the address: contact@blogbooster.ai or in writing to the address: ul. Jesionowa 58/7, 50-504 Wrocław
1.4.8. PRODUCT – a movable item available on the Website that is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS – these Regulations of the Website.
1.4.10. Website – the Service Provider’s website available at the Internet address: blogbooster.ai.
1.4.11. SELLER; SERVICE PROVIDER – Design Solutions conducting business activity under the name Design Solutions (address of the place of business and address for correspondence: ul. Jesionowa 58/7, 50-504 Wrocław
) entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, NIP: 8871760988 and e-mail address: contact@blogbooster.ai.
1.4.12. SALES AGREEMENT – a Product sales agreement concluded or concluded between the Customer and the Seller via the Website.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Website.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; – using or intending to use the Electronic Service.
1.4.15. ACT ON CONSUMER RIGHTS, ACT – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
1.4.16. ORDER – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
- ELECTRONIC SERVICES On The Website
2.1. The following Electronic Services are available on the Website: Account, Order Form and purchases without registration.
2.1.1. Account – using the Account is possible after completing a total of three consecutive steps – (1) completing the Registration Form, (2) clicking the “Create your account” field and (3) confirming the willingness to create an Account by clicking the confirmation link sent to the e-mail address provided . In the Registration Form, it is necessary to provide the following data of the Service Recipient: name/username, e-mail address and password.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: contact@blogbooster.ai or in writing to the following address: ul. Jesionowa 58/7, 50-504 Wrocław
.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket on the Website. Placing an Order takes place after the Customer completes a total of two subsequent steps – (1) after completing the Order Form and (2) clicking on the Website after completing the Order Form “Confirm purchase” – until then, it is possible to modify the data entered (for this purpose, follow the displayed messages and information available on the Website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
2.1.3 Shopping without registration. The customer does not have to set up an account in the store, it is enough for him to complete the shipping data.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higherj; (4) recommended minimum screen resolution: 1024×768; (5) enabling the option of saving Cookies and Javascript in the web browser.
2.3. The Service Recipient is obliged to use the Website in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The service recipient is prohibited from providing illegal content.
- TERMS OF CONCLUDING THE SALES AGREEMENT
3.1. 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 on the Website in accordance with point 2.1.2 of the Regulations.
3.2. The price of the Product shown on the Website is given in Polish zlotys, dollars or euros and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and when the amount of these charges cannot be determined – about the obligation to pay them, the Customer is informed on the Website when placing the Order, including when the Customer expresses the will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement on the Website using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order on the Website in accordance with point 2.1.2 of the Regulations.
3.3.2. 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 appropriate e-mail to the Customer by the Seller to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statement on 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.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Website and (2) sending the Customer the e-mail message referred to in point 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Website.
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Electronic payments and card payments via Stripe.
4.2. Payment deadline:
4.2.1. If the Customer chooses electronic payments or payment by credit card, the Customer is obliged to make the payment within 1 calendar day from the date of conclusion of the Sales Agreement.
- COST, METHODS AND DATE OF SERVICE
5.1 When choosing a plan, the customer specifies the number of items purchased.
5.2 After placing the order, the customer will install the plug-in sent with the instructions for his WordPress site on his own. Alternatively, the client can send temporary access to his website (with administrator privileges) and our developers will carry out the integration.
5.3 When the synchronization between blogbooster.ai and the client’s site is correct, new articles will be automatically published on the site indicated by the client in the order, according to the frequency purchased by the client.
- PRODUCT COMPLAINT
6.1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are defined by generally applicable law, in particular the Civil Code. For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller’s liability towards the Customer who is a natural person who purchases the Product for purposes unrelated to professional or business activity, due to non-compliance of the Product with the Sales Agreement are defined by generally applicable laws, in particular the Act of July 27, 2002 on special conditions of consumer sales and on changing the Code(Journal of Laws of 2002 No. 141, item 1176, as amended).
- EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND SUFFERING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods 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, Inspectorates of the Trade Inspection 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/ important_addresses.php.
7.2. A customer who is a consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and redress:
7.2.1. The customer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of 25 September 2001 on defining the rules of organization and operation of permanent consumer arbitration courts. (Journal of Laws 2001, No. 113, item 1214).
7.2.2. The customer 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 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of the mediation procedure conducted by the voivodeship inspector of the Trade Inspection is available at the offices and on the websites of individual Voivodship Inspectorates of the Trade Inspection.
7.2.3. The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at the email address: advice@dlakonsumentow.pl.
- RIGHT OF WITHDRAWAL FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in electronic form via e-mail to the following address: contact@blogbooster.ai ;
9. FINAL PROVISIONS
9.1. Agreements concluded through the Website are concluded in Polish.
9.2. Amendment of the Regulations:
9.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e.: changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
9.2.2. In the case of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services – Account), the amended regulations bind the Service Recipient, if the requirements set out in art. 384 and 384 [1] of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
9.2.3. In the event of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way affect the rights acquired by Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular changes to the Regulations will not impact onalready placed or submitted Orders and concluded, implemented or performed Sales Agreements.
9.3. 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 of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded by December 24, 2014 with Customers who are consumers – the provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271 with as amended) and the Act on special conditions of consumer sales and on amendments to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
