8. RIGHT OF WITHDRAWAL<\/strong><\/strong><\/strong><\/strong><\/strong><\/h4>\n\n\n\n

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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:\n
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   1. In writing to the address: Breakpoint Solutions sp. z o.o. 16 William Heerlein Lindley Street, 02-013 Warsaw, Poland<\/li>\n\n\n\n
   2. in electronic form via e-mail to: contact@futurogames.com<\/li>\n<\/ol>\n<\/li>\n\n\n\n
   3. 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<\/li>\n\n\n\n
   4. 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.<\/li>\n\n\n\n
   5. The period for withdrawal from the contract begins:\n
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      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;<\/li>\n\n\n\n
      2. For other contracts – from the date of the agreement.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
      3. In the case of withdrawal from a remote contract, the contract is considered not concluded.<\/li>\n\n\n\n
      4. Products – movable things, including movable things with digital elements:<\/strong>\n
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         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.<\/li>\n\n\n\n
         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. <\/li>\n\n\n\n
         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.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
         4. Products – digital content or digital services:<\/strong>\n
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            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.<\/li>\n\n\n\n
            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.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
            3. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to pay:\n
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               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.<\/li>\n\n\n\n
               2. For Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.<\/li>\n\n\n\n
               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.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
               4. The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:\n
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                  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 .<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                  2. 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.<\/li>\n<\/ol>\n\n\n\n

                     9. PROVISIONS FOR ENTREPRENEURS<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h4>\n\n\n\n

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                     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. <\/li>\n\n\n\n
                     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.<\/li>\n\n\n\n
                     3. The Seller’s liability under the warranty for the Product or the Product’s non-conformity with the Sales Agreement is excluded.<\/li>\n\n\n\n
                     4. The Seller will respond to the complaint within 30 calendar days from the date of receipt.<\/li>\n\n\n\n
                     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.<\/li>\n\n\n\n
                     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.<\/li>\n\n\n\n
                     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.<\/li>\n\n\n\n
                     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.<\/li>\n<\/ol>\n\n\n\n

                        10. PRODUCT USAGE RULES – DIGITAL CONTENT AND SERVICES<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h4>\n\n\n\n

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                        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). <\/li>\n\n\n\n
                        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. <\/li>\n\n\n\n
                        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.<\/li>\n\n\n\n
                        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. <\/li>\n\n\n\n
                        5. The Customer’s use of the Product is possible for the time specified in the Sales Agreement.<\/li>\n\n\n\n
                        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.<\/li>\n<\/ol>\n\n\n\n

                           11. PRODUCT REVIEWS<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h4>\n\n\n\n

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                           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. <\/li>\n\n\n\n
                           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. <\/li>\n\n\n\n
                           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. <\/li>\n\n\n\n
                           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.<\/li>\n\n\n\n
                           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). <\/li>\n\n\n\n
                           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:\n
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                              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.<\/li>\n\n\n\n
                              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. <\/li>\n\n\n\n
                              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. <\/li>\n<\/ol>\n<\/li>\n\n\n\n
                              4. 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.<\/li>\n\n\n\n
                              5. 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.<\/li>\n<\/ol>\n\n\n\n

                                 10. FINAL PROVISIONS<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h4>\n\n\n\n

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                                 1. Contracts concluded through the Online Store are concluded in the Polish language.<\/li>\n\n\n\n
                                 2. Amendment of the Regulations:\n
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                                    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. <\/li>\n\n\n\n
                                    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.<\/li>\n\n\n\n
                                    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.<\/li>\n\n\n\n
                                    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.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                    5. 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.<\/li>\n<\/ol>\n\n\n\n

                                       10. SAMPLE WITHDRAWAL FORM
                                       (APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h4>\n\n\n\n

                                        Model withdrawal form<\/strong>
                                       <\/strong>(This form must be completed and returned only if you wish to withdraw from the contract)<\/em><\/p>\n\n\n\n

                                       – Address: <\/p>\n\n\n\n

                                       <\/p>\n\n\n\n

                                       Breakpoint Solutions sp. z o.o.<\/p>\n\n\n\n

                                       16 William Heerlein Lindley St., 02-013 Warsaw<\/p>\n\n\n\n

                                       – 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(*). <\/p>\n\n\n\n

                                       <\/p>\n\n\n\n

                                       – Date of contract(*)\/acceptance(*)<\/p>\n\n\n\n

                                       – Name of consumer(s)<\/p>\n\n\n\n

                                       – Address of the consumer(s)<\/p>\n\n\n\n

                                       – Signature of the consumer(s) (only if the form is sent on paper)<\/p>\n\n\n\n

                                       – Date<\/p>\n\n\n\n

                                       (*) Delete as necessary.<\/p>\n\n\r\n\r\n <\/div><\/div>","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"inline_featured_image":false,"footnotes":""},"acf":[],"yoast_head":"\n