1. GENERAL PROVISIONS

  1. The online store available at the Internet address futurogames.com is operated by Breakpoint Solutions sp. z o.o. address of place of business and address for delivery: 16 William Heerlein Lindley Street, 02-013 Warsaw, NIP 7010991970, REGON 386639131, KRS: 0000852536 e-mail address: contact@loonieverso.com
  2. These Regulations are addressed to both consumers and businesses using the Online Store, unless a particular provision of the Regulations states otherwise. 
  3. The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily contains rules regarding the Administrator’s processing of personal data in the Online Store, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
  4. Definitions:
    1. WORKING DAY – one day from Monday to Friday excluding public holidays.
    2. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account. 
    3. ORDER FORM – Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
    4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.
    5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
    6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about the Orders placed by him/her in the Online Store are collected.
    7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Store.
    8. PRODUCT – (1) a movable thing (including a movable thing with digital elements, i.e. containing or connected to digital content or digital service in such a way that the absence of digital content or digital service would prevent its proper functioning), (2) digital content, (3) a service (including digital and non-digital service) or (4) a right that is the subject of a Sales Agreement between the Customer and the Seller. 
    9. REGULATIONS – these regulations of the Online Store.
    10. INTERNET SHOP – Service Provider’s online store available at the following web address: www.futurogames.com
    11. SELLER; SERVICE PROVIDER – Breakpoint Solutions sp. z o.o. address of place of business and address for delivery: 16 William Heerlein Lindley Street, 02-013 Warsaw, NIP 7010991970, REGON 386639131, KRS: 0000852536 e-mail address: contact@loonieverso.com
    12. SALE AGREEMENT – an agreement for the sale of a Product (in the case of movables and movables with digital elements), (2) an agreement for the delivery of a Product (in the case of digital content or digital service), (3) an agreement for the provision or use of a Product (in the case of non-digital service and other Products) concluded or entered into between the Customer and the Seller through the Online Store.
    13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Store and which is not a Product.
    14. USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law, using or intending to use the Electronic Service. 
    15. CONSUMER RIGHTS ACT – Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
    16. ORDER – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

  1. The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
    1. Account – the use of an Account is possible after a total of three consecutive steps have been performed by the Customer – (1) completing the Registration Form, (2) clicking on the “Create an Account” field and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the provided e-mail address. In the Registration Form the Client is required to provide the following details: first and last name/company name, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and password. For Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.
    2. The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: contact@loonieverso.com or in writing Breakpoint Solutions sp. z o.o. address of the place of business and address for delivery: 16 William Heerlein Lindley Street, 02-013 Warsaw
      1. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed when the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “Confirm Purchase” box on the Web Store page after completing the Order Form. – Up to this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). 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 number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number. 
      2. The Order Form Electronic Service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.
    3. Newsletter – using the Newsletter is possible after providing in the “Newsletter” tab visible on the website of the Online Store the e-mail address to which the next edition of the Newsletter is to be sent and clicking the “Sign up” box. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account – as soon as the Account is created, the Customer is signed up for the Newsletter.
      1. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to contact@loonieverso.com or in writing Breakpoint Solutions sp. z o.o. business address and address for delivery: 16 William Heerlein Lindley Street, 02-013 Warsaw
  2. Technical requirements necessary to work with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your web browser.
  3. The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
  4. The mode of complaint procedure regarding Electronic Services is indicated in item. 6. of the Regulations. 

3. TERMS AND CONDITIONS OF CONTRACT OF SALE

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions. 
  2. The price of the Product shown on the website of the Online Store is given in local currency and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as the costs of delivery (including transportation, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined – the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including at the moment when the Customer expresses his/her will to be bound by the Sales Agreement.
  3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form.
    1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions. 
    2. After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
  4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

  1. The Seller, depending on the type of product and the country of service, provides the Customer with the following methods of payment for the Sales Contract:
    1. Payment by cash on delivery on delivery.
    2. Payment in cash upon personal collection.
    3. Payment by bank transfer to the Seller’s bank account.
    4. Electronic and credit card payments through a payment provider
  2. Payment term:
    1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement. 
    2. If the Customer chooses to pay cash on delivery or cash on delivery in person, the Customer is obliged to make payment on delivery.

5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

  1. In the case of physical products, delivery of the Product is available in the territory of the European Union. In the case of digital products, applications or access to them are not subject to territorial restrictions. 
  2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement. 
  3. The seller provides the customer with the following delivery methods for physical products (specific delivery methods may vary depending on the country from which the order originates):
    1. Postal delivery, cash on delivery.
    2. Courier delivery, cash on delivery.
  4. The term of delivery of the Product to the Customer is up to 7 Business Days, unless a shorter term is specified in the description of the Product or during the placing of the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 7 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
    1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or checking account.
    2. If the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement.
    3. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or checking account.

6. COMPLAINT HANDLING PROCEDURE

  1. This Section 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Store. 
  2. A complaint can be made, for example:
    1. In writing to the address:  Breakpoint Solutions sp. z o.o. 16 William Heerlein Lindley Street, 02-013 Warsaw, Poland
    2. in electronic form via e-mail to: contact@futurogames.com
  3. Sending or returning the Product under a complaint may be done to the address: Breakpoint Solutions sp. z o.o. 16 William Heerlein Lindley Street, 02-013 Warsaw, Poland.
  4. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity or non-conformity with the contract; (2) the demand for a method of bringing the complaint into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact information of the complainant – this will facilitate and expedite the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  5. If the complainant changes the contact information provided during the processing of the complaint, he is obliged to notify the Seller.
  6. The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and expedite consideration of the complaint by the Seller. 
  7. The Seller will respond to the complaint immediately, but no later than within 14 calendar days of receipt.
  8. The basis and scope of the Seller’s statutory liability are set forth in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information regarding the Seller’s liability, as provided by law, for the Product’s compliance with the Sales Agreement is indicated below:
    1. In the case of a complaint about a Product – a movable item – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in the wording in force until December 31, 2022, in particular Articles 556-576 of the Civil Code, shall determine. These provisions determine, in particular, the basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for a Product purchased in accordance with the preceding sentence against a Customer who is not a consumer is excluded.
    2. In the case of a complaint about a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from January 1, 2023, are determined by the provisions of the Consumer Rights Act in the wording in force from January 1, 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.
    3. In the case of complaints about a Product – digital content or service or a movable thing that serves only as a carrier of digital content – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller on or before January 1, 2023, if the delivery of such a Product was to take place or took place after that date are determined by the provisions of the Consumer Rights Act in the wording in effect from January 1, 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability to the consumer in the event of the Product’s non-compliance with the Sales Agreement.
  9. In addition to statutory liability, a warranty may be provided for the Product – this is a contractual (additional) liability and can be exercised when the Product is under warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms and conditions of liability under the warranty, including details of the entity responsible for the implementation of the warranty and the entity entitled to benefit from it, are available in the description of the warranty, e.g. in the warranty card or elsewhere regarding the granting of the warranty. The Seller indicates that in case of non-compliance of the Product with the contract, the Customer is entitled by law to legal remedies on the part and at the expense of the Seller, and that the warranty does not affect these legal remedies.
  10. The provisions contained in sections 6.8.2. and 6.8.3. of the Regulations concerning the consumer shall also apply to the Customer who is a natural person concluding an agreement directly related to his/her business activity, when it follows from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

  1. Out-of-court dispute resolution methods include (1) allowing the parties’ positions to be brought closer together, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g., through arbitration (conciliation court). Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, the rules of access to these procedures, and a friendly search engine for entities engaged in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
  2. There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
  3. The consumer has the following examples of out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court; (2) a request for out-of-court dispute resolution to a provincial inspector of the Inspectorate; or (3) assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge at the operator’s tariff).
  4. A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

8. RIGHT OF WITHDRAWAL

  1. A consumer who has entered into a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:
    1. In writing to the address: Breakpoint Solutions sp. z o.o. 16 William Heerlein Lindley Street, 02-013 Warsaw, Poland
    2. in electronic form via e-mail to: contact@futurogames.com
  2. Return of the Product – movables (including movables with digital elements) within the framework of withdrawal from the contract may be made to the address: Breakpoint Solutions sp. z o.o. 16 William Heerlein Lindley Street, 02-013 Warsaw, Poland
  3. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in Section. 13 of the Regulations. The consumer may use the sample form, but it is not mandatory.
  4. The period for withdrawal from the contract begins:
    1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;
    2. For other contracts – from the date of the agreement.
  5. In the case of withdrawal from a remote contract, the contract is considered not concluded.
  6. Products – movable things, including movable things with digital elements:
    1. The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, all payments made by the consumer, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of the payment received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
    2. In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. 
    3. The consumer shall be liable for any diminution in the value of the Product – a movable item (including a movable item with digital elements) – resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
  7. Products – digital content or digital services:
    1. In the case of withdrawal from the contract for the provision of a Product – digital content or digital service – the Seller, from the date of receipt of the consumer’s statement of withdrawal, may not use content other than personal data provided or created by the consumer during the use of the Product – digital content or digital service – provided by the Seller, except for content that: (1) are useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate exclusively to the consumer’s activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be separated from them or can be separated only with disproportionate effort; (4) have been produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that was provided or created by the consumer in the course of using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which shall not affect the consumer’s rights referred to in the preceding sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
    2. In the case of withdrawal from the contract for the provision of a Product – digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
  8. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to pay:
    1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
    2. For Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.
    3. In the case of a Product – service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance provided.
  9. The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:
    1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract, and has accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a Product – a movable thing (including a movable thing with digital elements) – non-refabricated, manufactured to the consumer’s specifications or serving to meet his individualized needs; (4) in which the subject of performance is a Product – a movable thing (including a movable thing with digital elements) – subject to rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product – a movable thing (including a movable thing with digital elements) – delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products – movables (including movables with digital elements) – which after delivery, due to their nature, are inseparably combined with other movables, including movables with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer, or provides Products – movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the consumer, who has been informed before the start of the performance that after the performance by the Seller he will lose the right of withdrawal from the contract, and has acknowledged it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him to make repairs, and the service has already been fully performed with the express and prior consent of the consumer .
  10. The consumer provisions contained in this Section 8. of the Terms and Conditions shall also apply for contracts concluded as of January 1, 2021 to a Customer or a Client who is an individual concluding a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS FOR ENTREPRENEURS

  1. This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and as of January 1, 2021 and for contracts concluded from that date, who is not also a natural person entering into a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. 
  2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the 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 against the Seller.
  3. The Seller’s liability under the warranty for the Product or the Product’s non-conformity with the Sales Agreement is excluded.
  4. The Seller will respond to the complaint within 30 calendar days from the date of receipt.
  5. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
  6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.
  7. The Service Provider’s/Seller’s liability to the Client/Customer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in the aggregate – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in transportation of the shipment.
  8. Any disputes arising between the Vendor/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

10. PRODUCT USAGE RULES – DIGITAL CONTENT AND SERVICES

  1. This Section 10 of the Terms and Conditions defines the default rules for the use of Products – digital content and services available on the Online Store. These rules apply in the absence of establishing individual terms of use for a given Product or to the extent not covered by individual terms (e.g. in the case of a license granted by the manufacturer of a given Product, the manufacturer’s license will apply). 
  2. The rights to the Product, including copyright in the case of Products constituting a work within the meaning of the Copyright Law, are vested in the Seller or other authorized third parties. 
  3. The Customer, on the basis of the concluded Sales Agreement, is entitled to use the Product in the manner and to the extent necessary to use it for the purposes specified in the Sales Agreement, and in the absence of their specification for the purposes for which a Product of this type is usually used, taking into account applicable laws, technical standards or good practices.
  4. The Customer’s use of the Product is possible only for the Customer’s own use, including within the framework of the Customer’s business activity, unless the Sales Agreement provides otherwise. Subject to the exceptions provided for by generally applicable laws and the provisions of the Sales Agreement to the contrary: (1) the Customer shall not be entitled to make the Product available to third parties; (2) the Customer shall not be entitled to use the Product for commercial purposes, including marketing the Product; (3) the Customer shall not be entitled to transfer, sublicense or authorize others to use the Product; (4) The Customer shall not be entitled to copy, reproduce, modify, adapt, translate, decode, decompile, disassemble or any other attempt to interfere with the Product, except as necessary to ensure the proper use of the Product in accordance with the Sales Agreement. 
  5. The Customer’s use of the Product is possible for the time specified in the Sales Agreement.
  6. Access to the Product is granted by sending the digital content or a link (URL) for its reproduction to the e-mail address provided by the Customer during the Ordering process.

11. PRODUCT REVIEWS

  1. The Seller allows its Customers to issue and access reviews of the Products and the Online Store under the terms of this section of the Terms and Conditions. 
  2. Issuing an opinion by the Customer is possible after using a form that allows adding an opinion about the Product or the Online Store. This form can be made available directly on the website of the Online Shop (including by means of an external widget) or can be made available by means of an individual link received by the Customer after the purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a picture of the Product – if such an option is available in the opinion form. 
  3. An opinion about a Product may be issued only for the actually purchased Products in the Seller’s Online Store and by the Customer who purchased the Product under review. It is forbidden to conclude fictitious or sham Sales Agreements for the purpose of issuing an opinion about a Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store. 
  4. Adding opinions by Clients may not be used for illegal activities, in particular for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Client is obliged to act in accordance with the law, these Regulations and good morals.
  5. Opinions can be made available directly on the page of the Online Store (e.g., next to a given Product) or in an external opinion-gathering service with which the Seller cooperates and to which it links on the page of the Online Store (including by means of an external widget placed on the page of the Online Store). 
  6. The Seller shall ensure that published reviews of Products come from its Customers who have purchased the Product. To this end, the Seller shall take the following steps to verify that the reviews come from its Customers:
    1. Publication of an opinion issued using a form available directly on the Online Store website requires prior verification by the Seller. Verification consists in checking compliance of the opinion with the Terms and Conditions, in particular checking whether the person giving the opinion is a Customer of the Online Store – in this case, the Seller checks whether the person has made a purchase at the Online Store, and in the case of an opinion on a Product, additionally checks whether he or she has purchased the Product under review. Verification takes place without undue delay.
    2. The Seller sends its Customers (including by means of an external opinion-gathering service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase – in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Store. 
    3. In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties, whether a given opinion comes from a Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Online Store or has purchased the reviewed Product. 
  7. Any comments, appeals against the verification of opinions, or objections as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in Section 6. of the Terms and Conditions.
  8. Seller does not post or have another person post false opinions or recommendations of Customers, and does not distort opinions or recommendations of Customers to promote its Products. The Seller provides both positive and negative opinions. The Seller does not provide sponsored opinions.

10. FINAL PROVISIONS

  1. Contracts concluded through the Online Store are concluded in the Polish language.
  2. Amendment of the Regulations:
    1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, that is: changes in the law; changes in the methods or dates of payment or delivery, being subject to legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; addition of new Electronic Services; the need to counteract unforeseen and imminent threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. 
    2. Notice of proposed changes shall be sent at least 15 days in advance of the effective date of such changes, provided that a change may be made without observance of the 15-day notice period in the event that the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) needs to amend its Terms and Conditions on an exceptional basis to address an unforeseen and imminent threat related to the protection of the Online Store, including the Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, the implementation of changes shall take place with immediate effect, unless a longer implementation period is possible or necessary, which shall be notified by the Service Provider in each case.
    3. In the case of contracts of a continuous nature (e.g., provision of Electronic Service – Account), the Customer has the right to terminate the contract with the Service Provider before the expiration of the notice period for the proposed changes. Such termination shall become effective within 15 days of receipt of the notification. In the case of a continuous contract, the amended Terms and Conditions shall be binding on the Service Recipient if he has been properly notified of the changes in accordance with the notification period prior to their implementation and has not terminated the contract during this period. In addition, at any time after receiving notification of the changes, the Service Recipient may accept the changes being made and thus waive the continuation of the notification period. In the case of the conclusion of a contract of a nature other than continuous contracts, the amendments to the Terms and Conditions will not in any way affect the rights acquired by the Service Recipient prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions will not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
    4. In the event that a change in the Regulations would result in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the contract.
  3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of generally applicable law.

10. SAMPLE WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

 Model withdrawal form
(This form must be completed and returned only if you wish to withdraw from the contract)

– Address: 

Breakpoint Solutions sp. z o.o.

16 William Heerlein Lindley St., 02-013 Warsaw

– I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/for the provision of the following service(*). 

– Date of contract(*)/acceptance(*)

– Name of consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent on paper)

– Date

(*) Delete as necessary.