- ViewPro online store, available at https://fotillo.com, is run by Tomasz Mróz and Justyna Mróz conducting business activity under the name ViewPro s.c. T. Mróz, J. Mróz entered into Centralna Ewidencja i Informacja o Działalności Gospodarczej [the Central Register and Information on Economic Activity] (CEIDG) maintained by the minister in charge of economy, NIP PL5223019335, REGON 147452308.
- These Regulations apply to both Customers and Entrepreneurs who use the Online Store and sets out the rules for using the Online Store as well as the rules and procedure for concluding distance Sales Agreements with the Customer through the Store.
- Consumer – a natural person concluding an agreement with the Seller within the framework of the Store, the subject of which is not directly related to its business or professional activity.
- Seller – natural persons conducting business activity under the name ViewPro s.c. T.Mróz, J.Mróz entered into Centralna Ewidencja i Informacja o Działalności Gospodarczej [the Central Register and Information on Economic Activity] (CEIDG) maintained by the minister in charge of economy, NIP PL5223019335, REGON 147452308.
- Customer – any entity making purchases through the Store.
- Entrepreneur – a natural person, a legal person and an organizational unit which is not a legal person, granted by law legal capacity, who carries out on his own behalf a business activity that uses the Store.
- Store – an online store run by the Seller at the following address: viewpro.pl
- Distance agreement – an agreement concluded with the Customer as part of an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to the moment including the conclusion of the agreement.
- Terms and Conditions – the terms and conditions of the Store.
- Order – Customer’s statement of intent expressed by filling out the Order Form and aiming to conclude the Agreement of Sale of Product or Products with the Seller.
- Account – the Customer’s account in the Store; it collects data provided by the Customer and information about Orders placed by them in the Store.
- Registration form – form available in the Store which enables creation of an Account.
- Order form – an interactive form available on the website of the Store that enables submission of orders, in particular by adding Products to the Cart and determining the conditions of the Agreement of Sale, including payment and method of delivery.
- Cart – an element of the Store’s software, in which visible are the Products selected by the Customer for purchase, and in which it is also possible to determine and modify the Order data, in particular the quantity of products.
- Product – a movable item available in the Online Store which is the subject of the Sale Transaction Agreement between the Customer and the Seller.
- Sale Agreement – a contract of selling a Product to be concluded or concluded between the Customer and the Seller through the Online Store. The Sale Agreement also means – applying to the features of the Product – an agreement for the service provision and an agreement of supply of services.
- Licensee – the person who downloads the software from the website.
- Licensor – software developer.
- License – a set of rules regarding the software.
- Payment – the method of payment for the Order. Possibility to choose Transfer, COD or DotPay.pl (all available channels that are activated by the payment operator, including settlement of transactions by credit card and e-transfer).
Contact with the Store
- Vendor Address: ul. Skoroszewska 2B/34, 02-495 Warsaw
- Office/warehouse address: ul. ul. Skoroszewska 2B/37, 02-495 Warsaw
- Seller’s e-mail address: firstname.lastname@example.org
- Seller’s phone number: 66 688 18 07
- Seller’s bank account number 57 1140 2004 0000 3902 8174 4999
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
- The Customer may communicate with the Seller by phone from Monday to Friday between 9am and 4pm.
To use the Store, including to view the Store’s assortment and to place orders for Products, there are needed:
- end device with access to the Internet and a Google Chrome or similar web browser,
- active e-mail account,
- enabled cookies.
- The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
- Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products of the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the Order to be carried out without creating an Account.
- Prices of the goods are gross prices in PLN (value-added tax included).
- The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s pages when placing the Order, including when expressing the will to be bound by the Sale Agreement.
- In the case of an Agreement involving a subscription or provision of services for an indefinite period, the final (total) price is the total price including all payments for the accounting period.
- If the nature of the subject of the Agreement does not allow, judiciously judging, to calculate the amount of the final (total) price in advance, information on the manner in which the price will be calculated, as well as about charges for transport, delivery, postal services and other costs will be provided in the Store in the Product description.
Creating an Account in the Store
- To create an Account in the Store, please complete the Registration Form. It is necessary to provide the following data: name, e-mail address, telephone number, address data.
- Creating an Account in the Store is free.
- Logging in to the Account is done by entering login and password set in the Registration Form.
- The Customer has the ability to, at any time and without giving any reason, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.
Order submission rules
In order to place an Order:
- log in to your account on the Store’s website (optional);
- select the Product being the subject of an Order, and then click the ‘Add to Cart’ button (or equivalent);
- log in or use the option of placing an Order without registration;
- if the option of placing an Order without registration was selected – complete the Order Form by entering the recipient’s details of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter invoice data, if different from the recipient’s data,
- click on the “Order and pay” button,
- choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.
Offered delivery and payment methods
- The Customer may use the following methods of delivery or collection of the ordered Product:
- Courier delivery, courier cash on delivery,
- Personal collection available at:………………. ul. Skoroszewska 2B/37, 02-495 Warsaw.
- The customer can use the following payment methods:
- Cash on delivery
- Pay with cash upon delivery
- Payment by bank transfer to the Seller’s account
- Settlement of transactions by credit card or e-transfer carried out through an external provider, e.g. DotPay.pl. It is also possible to settle the transaction in installment form via mBank.
- Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
Performance of the sale agreement
- The conclusion of the Sale Agreement between the Customer and the Seller takes place after the Customer has made the Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
- If the Ordering Party has a contract with the Seller and the contract specifies the prices of individual products, the price will be corrected to the one resulting from the contract.
- The Seller, in response to the Order, immediately sends confirmation that he received the Order and began its verification. The Sale Agreement is concluded with the confirmation of the order, that is, to receive the message of the Customer mentioned. The Seller sends the Customer a confirmation of receiving of the Order and its accepting as well as confirmation of the Sale Agreement. Upon receipt of the above e-mail the Customer is entered into the Sale Agreement with the Seller.
- If the Customer chooses:
- payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make payment within 7 days since the date of the Sale Agreement – otherwise the order will be canceled.
- payment on delivery of the parcel, the Customer is obliged to make the payment on delivery.
- cash payment when picked up personally, the Customer is obliged to make payment within 1 days since the date of being notified about the package’s readiness for pickup.
- If the Customer has chosen a delivery method other than personal pick-up, the Product will be sent by the Seller within 7 days (subject to passage 6 of this paragraph), in the manner chosen by the Customer when placing the Order.
- In the event that the date of shipment of the Product is longer than 7 days, the Seller will contact the Customer to agree on the delivery time.
- Start of the period of Product delivery to the Customer counts as follows:
- If the Customer chooses the transfer payment method – from the day on which the bank account of the Seller is credited.
- If the Customer chooses the method of payment on delivery – from the date of the conclusion of the Sale Agreement.
- If the Customer chooses a personal collection of the Product, the Product will be ready for collection by the Customer within the time frame agreed by the Parties. The Customer will be additionally informed by the Seller about the readiness of the Product to collect by sending an appropriate e-mail to the specified Customer’s email address given when placing the Order.
- When ordering Products with different readiness dates, the readiness date is the furthest date given.
- The starting point of readiness to receive the Product by the Customer counts as follows:
- If the Customer chooses the transfer payment method – since the day on which the bank account of the Seller is credited.
- In the case of selecting cash payment when collecting the Order in person – from the date of the conclusion of the Sale Agreement.
- Delivery of the Product to the Customer is payable, unless the Sale Agreement provides otherwise. The costs of delivery of the Product (including transport fees) are indicated to the Customer when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
- Personal collection of the Product by the Customer is free.
Right to withdrawal
- The Consumer may withdraw from the Sale Agreement within 14 days without giving any reason.
- Time limit specified in paragraph 1 begins with the delivery of the Product to the Customer or a person designated by him other than the carrier.
- In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the deadline indicated in paragraph 1 starts since the time of delivery of the last item, batch or part.
- In the case of an Agreement which involves the regular delivery of Products for a limited period (subscription), the deadline indicated in paragraph 1 starts since the time of taking possession of the first item.
- The Customer may withdraw an Agreement by submitting a declaration of withdrawal. To meet the deadline for withdrawing from the Agreement, it is sufficient for the Customer to send a declaration before this deadline.
- The declaration may be sent by traditional mail, fax or electronically by sending the declaration to the Seller’s e-mail address or by submitting the declaration on the Seller’s website – the Seller’s contact details are specified in § 3. The declaration may also be submitted by filling in a form, a template of which is attached as Annex 1 to these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
- If the Customer sends a declaration electronically, the Seller will immediately send the Customer the confirmation of receiving of the declaration of withdrawal from the Agreement to the e-mail address provided by the Customer.
- Consequences of withdrawal:
- If the Customer withdraws from a distance Agreement, the Agreement shall be considered null and void.
- In the event of withdrawal from the Agreement, the Seller shall reimburse the Consumer without delay, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of the goods, with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller, whereas in the case of delivery outside the Polish borders, the Seller shall reimburse the Consumer only the costs of delivery of the goods equal to the costs of the cheapest method of delivery of the goods offered by the Seller in Poland
- The Seller will refund payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed for another solution that will not involve any costs for him. The Consumer is obliged to provide the Seller with all data necessary to execute the return (including, in particular, data for postal transmission).
- The Seller may withhold payment until the ordered product has been returned or until the proof of return is provided to him/her, whichever occurs first.
- The Buyer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Customer sends the Product back within 14 days.
- The Customer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by traditional mail.
- The Customer is liable only for the reduction of the value of the Product resulting from its use other than as necessary to establish the nature, characteristics, and functioning of the Product.
- In the event that, due to the nature of the Product, it cannot be returned in the usual manner by post, the Parties shall agree on the costs and manner of returning the Product.
- The right to withdraw from a distance agreement is not entitled to the Customer in relation to the Agreement:
- when the subject of the agreement is not a standard product but a product manufactured according to the Customer’s specifications or to meet his individual needs,
- when the subject of the agreement is a product delivered in a sealed package, which cannot be returned after opening the package for health protection or hygienic reasons if the packaging has been opened after the delivery,
- the subject of the agreement is the provision of a rapidly decaying product or a product having a short period of usefulness for use,
- the service agreement, if the Seller has fully completed the service with the express consent of the Customer who has been informed prior to the execution of the service that after the Seller completes the service, he/she loses his/her right to withdraw from the Agreement,
- when the price or remuneration depends on fluctuations in the financial markets, over which the Seller has no control and which may occur before the deadline for withdrawal,
- when the subject of the agreement is a product, which after delivery, because of is nature, is inextricably connected to other things,
- when the subjects of the benefit are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after the delivery,
- for supply of newspapers, periodicals, and magazines, with the exception of subscription agreement,
- for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the Customer before the deadline to withdraw from the agreement and after having informed him/her by the Seller of the loss of the right of withdrawal from the Agreement.
A natural person conducting business activities
The provisions contained in these Regulations, which relate to liability under the warranty towards the Consumer and the right to withdraw from the contract granted to the Consumer, also apply to a natural person concluding a contract directly related to their business activity, when it follows from the content of this contract that it is not of a professional character for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on Centralna Ewidencja i Informacja o Działalności Gospodarczej [the Central Register and Information on Business Activity].
Complaints and warranty
- The subject of the Sales Agreement are new Products.
- In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty and the Seller’s liability for damages to the fullest extent permitted by the mandatory provisions of law.
- Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Terms and Conditions.
- It is recommended that the complaint include brief description of the defect, circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in relation to the defect of the goods.
- The Seller shall respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer’s request was considered justified
- Goods sent under the complaint procedure should be sent to the address given in § 3 of these Terms and Conditions.
- If a warranty has been granted on the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
Extrajudicial means of settling complaints and claims
- Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the registered offices and on the websites of poviat (city) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Trade Inspection Inspectorates and the following Internet addresses of the Office of Competition and Customer Protection:
- The Customer has the following examples of possibilities of using out-of-court procedures for dealing with complaints:
- The Consumer is entitled to ask for help at the permanent consumer arbitration court, as referred to in article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2014 item 148, as amended), with a request to resolve the dispute arising from the Agreement concluded with the Seller.
- The Customer is entitled to ask the provincial inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2014 item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of dispute between the Customer and the Seller.
- The Customer can acquire free aid according settlement of disputes between the Customer and the Seller using the free assistance of district (municipal) consumer ombudsmen or a social organisation whose statutory tasks include customer/consumer protection (e.g. the Federation of Consumers, the Association of Polish Consumers (Stowarzyszenie Konsumentów Polskich).
Personal data in the Online Store
- The administrator of databases containing personal data provided by Customers of Online Store is the Seller.
- Personal data of the Customers, collected by the administrator through the Online Store, are collected to implement the Sale Agreement, and if the Customer agrees – also for marketing purposes.
- Possible recipients of personal data of the Online Store Customers:
- Accounting offices dealing with the service of the Seller.
- In the case of a Customer who buys in the Online Store and chooses post or courier as the way of delivery, the Administrator shall make the Customer’s collected personal data available to the selected courier or agent performing the shipments by order of the Administrator.
- In the case of a Customer who chooses electronic payment or card payment when using the Online Store, the Administrator makes the Customer’s collected personal data available to the selected agent handling the above payments in the Online Store.
- The Customer has the right to access and correct their data.
- Providing personal data is voluntary, but failure to provide the personal data required in the Online Store Regulations to conclude and execute the Sales Agreement results in the inability to conclude this Agreement.
Agreement for the outsourcing of personal data processing
- This personal data processing agreement (hereinafter referred to as the “Entrustment Agreement”) is concluded between the Seller (in this paragraph also referred to as the “Processor”) and the Licensee (in this paragraph also referred to as the “Controller”).
- The Parties have concluded this Entrustment Agreement bearing in mind that:
- The Licensee downloads the Fotillo software from the Seller’s website,
- photos taken using the Fotillo software are stored on servers that are at the disposal of the Seller, and belong to Zenbox sp. z o.o. with its registered office in Częstochowa, NIP: PL949-219-10-21, REGON: 242888558, KRS: 0000414281, and depending on the choice of the Administrator, the photos may also be stored in the “messages sent” folder in the Zenbox mail account, which is at the disposal of the Processor,
- the purpose of the Entrustment Agreement is to determine the conditions under which the Processor performs personal data processing operations on behalf of the Controller.
- The Parties concluding the Entrustment Agreement strive to regulate the rules of personal data processing so that they fully comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as “GDPR“.
- Under the terms of the Entrustment Agreement, the Controller may entrust the Processor with the processing of Personal Data.
- The processing may include the following types of personal data (hereinafter referred to as “Personal Data“):
- e-mail addresses.
- Categories of Personal Data subjects: persons appearing in photographs taken with the use of the Fotillo program.
- The processing activities that may be performed in relation to Personal Data are: collecting, organizing, storing, downloading, disclosing by sending, sharing, limiting, deleting.
- The Processor may entrust specific processing operations of Personal Data to other processors.
- When processing Personal Data, the Processor is obliged to comply with the law and the provisions of the Entrustment Agreement.
- The Processor ensures the protection of Personal Data and takes data protection measures referred to in art. 32 of the GDPR, in accordance with the further provisions of the Entrustment Agreement.
- The Processor is obliged to immediately inform the Controller about:
- any circumstances affecting the protection and security of Personal Data,
- initiation of controls or administrative proceedings by the supervisory authority,
- administrative decisions or provisions issued by the supervisory authority regarding the entrusted Personal Data,
- submitting a complaint, request, question and other statements addressed to the Processor in the scope related to the Data
- The Controller declares that he is the controller of Personal Data and that he is entitled to process them to the extent that was entrusted to the Processor. If the Personal Data do not belong to the Controller – the Controller declares that he has obtained the consent of the person to whom the Personal Data relates and has informed the above-mentioned person about the processing of hid Personal Data by the Processor.
- The Controller is obliged to cooperate with the Processor in connection with the processing of data under this Agreement.
- The Controller declares that he is aware that he is obliged to fulfill the information obligation towards the data subjects and to inform that their Personal Data will be processed by the Processor.
- The Entrustment Agreement has been concluded for an indefinite period and may be terminated by either Party with immediate effect.
- Upon termination of the Entrustment Agreement, the Processor shall not have the right to further process the entrusted Personal Data, unless there is another basis for doing so.
- Upon termination of the Entrustment Agreement, the Processor is obliged to delete Personal Data.
- The Entrustment Agreement is subject to Polish law and the GDPR.
Rights and Obligations of the Licensee
- The Licensee is obliged to comply with the terms of this Agreement and the License added to each software, as well as to pay for the service provided by the Licensor in a timely manner.
- The Licensee is obliged to familiarize himself with the technical requirements of the equipment on which the Software is to be installed.
- Licensee shall install the Software in accordance with the instructions received from Licensor upon payment of a fee.
- Licensee may use the Software on more than one computer.
- The licensee will not interfere with the source code of the program, decompile files, change the way the program works. Any attempted change will be treated as a violation of copyright, for which a penalty of PLN 500,000 is due.
- He accepts the additional terms of the License in case of downloading the Fotillo Software to the photo booth with all additions.
- Agreements concluded by the Online Store are concluded in the Polish language.
- The Seller reserves the right to amend the Terms and Conditions for important reasons such as: the change in the law; changes in methods of payment and delivery – the extent to which these changes affect implementation of the provisions of this Terms and Conditions. The Seller will inform the Customer about each change at least 7 days in advance.
- In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; E-Commerce Act; Consumer Rights Act, Personal Data Protection Act.