General Terms & Conditions

TERMS AND CONDITIONS FOR THE CHETZEMOKA.COM ONLINE SERVICE

1. GENERAL PROVISIONS

These Terms and Conditions shall govern all use of the chetzemoka.com online Service by all Users.
The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Agreement for the Delivery of Digital Content, the course of the complaints procedure as well as the type and scope of electronic services rendered through the chetzemoka.com online Service, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.
By using the Electronic Services available through the Service located at chetzemoka.com, the User agrees to be legally bound and to abide by these Terms and Conditions.
To all matters not settled herein the following provisions of Polish law shall apply:
1. Act on Rendering Electronic Services of 18 July, 2002,
2. Consumer Rights Act of 30 May 2014,
3. Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016,
4. Provisions of the Civil Code Act of 23 April, 1964
5. and all other applicable provisions of Polish law.

2. DEFINITIONS FOR THESE TERMS AND CONDITIONS

TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
SERVICE − shall mean the Service Provider’s online Service located at chetzemoka.com.
ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service Provider via the Service.
REGISTRATION FORM − shall refer to the electronic form available at chetzemoka.com required for Account registration.
ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an organised collection of digital content, including details for individual orders, stored on the Service Provider’s ICT-System.
OPINION SYSTEM – Electronic Service made available to Customers by the Service Provider, enabling the posting of opinions on the Products.
ORDER FORM – shall refer to the electronic form available at chetzemoka.com, required for Order placement for Digital Content.
NEWSLETTER – an Electronic Service that allows the User to subscribe to and receive free information from the Service Provider to the e-mail address provided by the User.
SERVICE PROVIDER, SELLER – Piotr Kielan trading as Piotr Kielan entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, tax identification number NIP: 9820385506, statistical number REGON: 389805653, place of business and address for service: ul. Gościniec 27, 93-645 Łódź, Poland, email address: contact@chetzemoka.com, telephone number: 737811468
LICENSOR – a Service Provider who is an entity authorized under proprietary copyrights to Digital Content.
USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.
CUSTOMER – shall refer to a User who intends to conclude or has concluded an Agreement for the delivery of Digital Content with the Service Provider.
CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
ENTREPRENEUR – a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.
DIGITAL CONTENT – data generated and provided by the Service Provider in digital form, which is the subject of the Agreement for the delivery of Digital Content.
LICENSE AGREEMENT – an agreement concluded between the Customer and the Licensor at the moment of starting to use the Digital Content by the Customer.
AGREEMENT FOR THE DELIVERY OF DIGITAL CONTENT – an agreement concluded between the Customer and the Service Provider via the Service.
ORDER – shall refer to the Customer’s declaration of intent to enter into an Agreement for the delivery of Digital Content with the Seller.
PRICE – the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Digital Content.
DIGITAL ENVIRONMENT – computer hardware, software and network connections used by the Customer to access or use the Digital Content.
COMPATIBILITY – cooperation of the Digital Content with computer hardware or software that is usually used to use the same type of Digital Content, without the need to transform it.
FUNCTIONALITY – the ability of the Digital Content to perform its functions, taking into account its purpose.
INTEGRATION – connection of the Digital Content with elements of the Customer’s Digital Environment and its inclusion in these elements in order to ensure compliance with the Agreement for the delivery of Digital Content
INTEROPERABILITY – the ability of the Digital Content to interact with computer hardware or software other than those normally used to use the same type of Digital Content.

3. PRODUCT AND ORDER INFORMATION

The www.chetzemoka.com website sells Digital Content via the Internet.
The Digital Content offered on the Service is Functional, Compatible and Interoperable with equipment that meets the technical requirements indicated in their description.
The information provided at chetzemoka.com does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Digital Content under the terms set forth in the Product description.
The Digital Content prices at chetzemoka.com are given in Polish zlotys (PLN) and include all measurable costs, such as value added tax (VAT).
The Digital Content prices at chetzemoka.com only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
The Seller clearly informs the Customers about Unit Prices as well as promotions and reductions in Digital Content Prices. Next to the information about the discount of the Digital Content, the Seller shows the lowest Price of this Digital Content, which was in force in the period of 30 days before the introduction of the reduction, and if the Digital Content is offered for sale in a period shorter than 30 days – the Seller shows the lowest Price of the Digital Content, which was in force in the period from the date of offering this Digital Content for sale until the date of introduction of the discount.
Orders can be placed through the through the website 24 hours a day, 365 days a year, by completing an Order Form at chetzemoka.com.
The Customer is not required to register an account to place an Order.
Customers are required to read and accept these Terms and Conditions during Order placement.
If a given Digital Content is subject to updates, the Service Provider informs the Customer about the updates and the consequences of not installing it:
1. in the case of providing the Digital Service on a continuous basis – throughout the duration of the Agreement for the delivery of Digital Content,
2. in the case of providing the Digital Content in a one-off or in parts – for the time reasonably expected by the Customer, taking into account the purpose of using the Digital Content as well as the circumstances and nature of the Agreement for the delivery of Digital Content,
The Customer is obliged to install updates provided by the Service Provider within a reasonable time. Failure by the Customer to install the update in accordance with the instructions provided by the Service Provider and after informing the Customer about the consequences of not installing the update shall exclude the Service Provider’s liability for the lack of compliance of the Agreement for the delivery of Digital Content

4. CONCLUDING AGREEMENT FOR THE DELIVERY OF DIGITAL CONTENT

In order to conclude an Agreement for the delivery of Digital Content, the Customer must place an Order, in accordance with the rules set forth under § 3 points 7 and 9 of the Terms and Conditions, by choosing one of the methods made available by the Seller.
Receiving an Order confirmation from the Seller is the point at which the Order becomes binding on the Customer. The Order confirmation and acceptance is sent to the Customer via email.
The Order confirmation email shall include the following elements:
1. confirmation of all relevant Order details,
2. withdrawal from the agreement,
3. these Terms and Conditions containing information on the right of withdrawal,
4. confirmation of the Service Provider that the Consumer or the entity referred to in § 9 of the Terms and Conditions have lost the right to withdraw from the Agreement for the delivery of Digital Content, provided that the Consumer or the entity referred to in § 9 of the Terms and Conditions have agreed to the performance of the service before the deadline for withdrawal from the Agreement.
Upon receipt by the Customer of the e-mail referred to in point 3, the Agreement for the delivery of Digital Content between the Customer and the Service Provider is concluded.
Each Agreement for the delivery of Digital Content will be confirmed by a proof of purchase, which will be sent to the Customer’s e-mail address provided in the Order Form.
Upon payment of the Digital Content by the Customer, the Service Provider grants the Customer a paid, non-exclusive license to use the Digital Content only in accordance with the intended use of the Digital Content.
The license for Digital Content is non-exclusive, granted for an indefinite period and valid without territorial restrictions, without the right to further sublicence. In particular, the Customer is not entitled to make the Digital Content available to third parties or any other use inconsistent with the license.
In particular, any further distribution, reproduction, circulation, duplication and internal network sharing.

5. METHODS OF PAYMENT

The Seller provides payment via the Stripe electronic payment system.
In the case of payment via an electronic payment system, the Customer makes the payment before starting the execution of the Order. The electronic payment system allows you to make payments by credit card or quick transfer from selected Polish and/or foreign banks.
The Customer is obliged to pay the Price under the Agreement for the delivery of Digital Content within 15 minutes from the moment of placing the Order, unless the Agreement provides otherwise.
The Service Provider will provide the Customer with Digital Content immediately after the conclusion of the Agreement and its payment on the terms set out in the Terms and Conditions. The day of crediting the Service Provider’s bank account is considered the day of payment.

6. DELIVERY OF DIGITAL SERVICE

Digital Content not saved on a tangible medium is delivered to the Customer after the expiry of the withdrawal period, unless the Customer has previously expressly consented to the delivery of Digital Content before the expiry of this period.
Subject to point 1 of this paragraph, the delivery of Digital Content takes place immediately after positive authorization of the transaction by the electronic payment system.
The Digital Content will be delivered via e-mail to the Customer’s e-mail address provided in the Order Form.
The customer has the option of unlimited access to the Digital Content and downloading it to his device.
The Seller provides the Customer with Digital Content in the latest available version.

7. COMPLAINTS PROCEDURE

The basis and scope of the Seller’s liability towards the Customer who is an entity referred to in § 9 of the Terms and Conditions for the non-compliance of the Digital Content with the contract are specified in the Act on Consumer Rights of May 30, 2014,
The Service Provider is liable to the Customer who is the entity referred to in § 9 of the Terms and Conditions for the lack of compliance of the Digital Content with the Agreement:
1. if the Digital Content is provided to the Customer continuously – throughout the duration of the Agreement,
2. in the event that the Digital Content is delivered in a one-time manner or in parts – the Service Provider is responsible for the lack of compliance with the contract existing at the time of delivery of the Digital Content and revealed within 2 years from that moment,
The Customer is obliged to cooperate with the Service Provider in order to determine whether the lack of compliance of the Digital Content with the Agreement results from the characteristics of the Customer’s Digital Environment,
notification of non-compliance of the Digital Content with the Agreement and the submission of a relevant request can be made via e-mail to the following address: contact@chetzemoka.com
in the above e-mail message, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Service Provider,
The Service Provider will respond to the Customer’s request immediately, no later than within 14 days of submitting the complaint,
in the case of a complaint from a Customer who is an entity referred to in § 9 of the Terms and Conditions – failure to consider the complaint within 14 days of its submission is tantamount to its consideration,
The Customer who is the entity referred to in § 9 of the Terms and Conditions may first demand that the Digital Content be brought into compliance with the Agreement. The Customer may request a price reduction and withdrawal from the contract only in the cases specified in the Act on Consumer Rights of May 30, 2014 (e.g. when the non-compliance of the Digital Content with the contract is significant, when the Service Provider refused to bring the Digital Content into compliance with the contract or in the event that the lack of compliance of the Digital Content persists despite the fact that the Service Provider has tried to bring the Digital Content into compliance with the contract),
in connection with a justified complaint of an entity referred to in § 9 of the Terms and Conditions, the Seller, respectively:
1. brings the Digital Content into compliance with the Agreement at its own expense,
2. reduces the Price of the Digital Content (the reduced Price must remain in the proportion of the Price of the Digital Content in accordance with the contract to the Digital Content that is not in accordance with the contract, and additionally, if the Digital Content is delivered in parts or continuously – take into account the time when the Digital Content was inconsistent with the Agreement) and returns the value of the reduced price to the entity referred to in § 9 at the latest within 14 days of receiving the authorized statement on the price reduction from the entity referred to in § 9,
3. in the case of an authorized withdrawal from the contract by the entity referred to in § 9 – the Service Provider returns the Digital Content Price to him within 14 days at the latest. In the event of withdrawal from the contract, the entity referred to in § 9 is obliged to immediately stop using the Digital Content,
The response to the complaint is provided on paper or other durable medium, e.g. e-mail or SMS.
The Service Provider is not entitled to demand payment for the time in which the Digital Content was inconsistent with the Agreement, even if the Customer actually used it before withdrawing from the Agreement,
The Service Provider is obliged to return the Price only in the part corresponding to the Digital Content that is inconsistent with the contract and the Digital Content, the obligation to deliver which dropped as a result of withdrawal from the contract.

8. RIGHT TO WITHDRAW

With the reservation of point 4 of this paragraph the entity referred to in § 9 of these Terms and Conditions, have the right to withdraw from a distance agreement within 14 days.
In the case of withdrawal from a Agreement for the delivery of Digital Content, the agreement is considered null and void.
The “cooling-off” period expires 14 days after the day the entity referred to in § 9 of these Terms and Conditions, may withdraw:
1. for a contract under which the Service Provider issues the product being obliged to transfer its ownership – from the date on which the Consumer or the entity referred to in § 9 of the Terms and Conditions (or a third party indicated by them other than the carrier) took possession of the product,
2. for a contract that covers many products that are delivered separately, in batches or in parts – from taking possession of the last product, its batch or part
3. for a contract involving regular delivery of a product for a definite period of time – from taking possession of the first of the goods,
4. for other contracts – from the date of conclusion of the contract.
The right to withdraw from a distance contract is not entitled to the entity referred to in § 9 of the Terms and Conditions in the case of:
1. contracts for the supply of Digital Content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur has started the service with the express and prior consent of the Consumer, who was informed before the performance that he will lose the right to withdraw from the contract before the service is provided by the entrepreneur and took note of it,
2. contracts for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur he would lose the right to withdraw from the contract and acknowledged this.
The right to withdraw from the Agreement is vested in both the Service Provider and the Customer in the event of failure by the other party to the agreement to fulfill its obligation within a strictly specified period.
After the Customer withdraws from the contract in accordance with § 7 point 9.3 or in accordance with this paragraph, the Service Provider may not use content other than personal data provided or generated by the Customer while using the Digital Content, except for content that:
1. are useful only in connection with the Digital Content that was the subject of the contract,
2. relate only to the Customer’s activity while using the Digital Content, which was the subject of the contract,
3. have been combined by the Service Provider with other data and cannot be disconnected without undue difficulty,
4. they were created by the Customer together with other Customers who can still use them.
Except for the cases referred to in point 6 of this paragraph, the Service Provider, at the request of the Customer, provides him with content other than personal data that was provided or generated by the Customer while using the Digital Content provided by the Service Provider free of charge, within a reasonable time and in a widely machine-readable format used.
In the event of withdrawal from the contract, the Service Provider may prevent the Customer from continuing to use the Digital Content, in particular by preventing the Customer from accessing the Digital Content or blocking the Account.

9. PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

An Entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Act on Consumer Rights, provided that the contract he concludes with the Seller is directly related to his business activity, but the content of this contract shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity.
A person conducting business activity, referred to in item 1 of this paragraph, is protected only in the scope of:
1. prohibited contractual provisions – the so-called abusive clauses,
2. liability for non-compliance of the Digital Content with the contract,
3. the right to withdraw from a distance contract,
4. rules for a contract for the supply of Digital Content or a digital service.
The entrepreneur referred to in item 1 of this paragraph loses his consumer protection rights in the event that the Sales Agreement he has concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur’s entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.
Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional protection provided to Consumers by President of UOKiK.

10. TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider grants access to the following Electronic Services:
1. concluding Agreement for the delivery of Digital Content via the Order Form,
2. Account,
3. Newsletter,
4. Opinion System.
These Terms and Conditions shall apply to all Electronic Services provided through chetzemoka.com
The Service Provider reserves the right to display advertising content at chetzemoka.com Advertisements are an integral part of the online Service front and the materials presented therein.

11. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS

The Electronic Services set forth under § 10 point 1 of these Terms and Conditions are free of charge.
Term of the agreement:
1. Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
2. Electronic Services Agreements for Account management are concluded for an indefinite period of time.
3. Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.
4. Electronic Services consisting in the use of the Opinion System is concluded for a definite period of time and is terminated when the opinion is posted or the User ceases to use this Service.
End-user hardware, network and software requirements for the ICT system used by the Service Provider:
1. a computer (or a mobile device) with an active Internet connection,
2. access to email account,
3. Internet browser,
4. enabling cookies and Javascript in the Internet browser.
The User agrees to use the Service in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
The User is obliged to provide accurate and complete information to the Service Provider.
The User is prohibited from providing any unlawful or illegal content.

12. COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES

Complaints about Electronic Services provided via chetzemoka.com should be submitted via email to contact@chetzemoka.com
All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.

13. CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS

Terminating an Electronic Services Agreement:
1. Continuing and indefinite-term Electronic Services Agreements (e.g. Account, Newsletter) may be terminated.
2. The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: contact@chetzemoka.com
3. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the User a statement of termination,
4. The notice of termination leads to a cessation of legal relations with the effect for the future.
Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.

14. INTELLECTUAL PROPERTY

The compilation of all content at chetzemoka.com (with the stipulation of § 14 point 3 of this Terms and Conditions as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of Piotr Kielan trading as Piotr Kielan entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, tax identification number NIP: 9820385506, statistical number REGON: 389805653, place of business and address for service: ul. Gościniec 27, 93-645 Łódź, Poland. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at chetzemoka.com without the consent of the Service Provider.
Any use or reproduction of the content of the website located at chetzemoka.com or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
All trade names, Product names, company names and their logos used on the Service website at chetzemoka.com belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Service website at chetzemoka.com are used for informational purposes.

15. FINAL PROVISIONS

Agreements concluded through the Service are construed in accordance with the laws of Poland.
Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
If the Digital Content is delivered to the Customer continuously or in parts, the Service Provider is entitled to make changes to them in order to improve them and improve their functionality. These changes do not cause any costs for the Customer.
The Service Provider informs the Customer about the changes referred to in point 3 in a clear and understandable manner, and if the introduced change affects the Customer’s access to and use of the Digital Content, the Service Provider informs the Customer about it in advance and by sending a permanent information carrier about:
1. the date of making the change,
2. change properties,
3. the right to terminate the contract without observing the notice period within 30 days from the date of making the change or informing about this change, if the notification took place later than this change.
The Service Provider is released from the obligation referred to in point 4 of this paragraph, if it has provided the Customer with the right to keep, without additional costs, the Digital Content unchanged in accordance with the contract.
Any disputes between the Service and Consumers arising out of or in connection with an Agreement for the delivery of Digital Content shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this paragraph.
Judicial dispute settlement procedures:
1. Any disputes arising between the Service Provider and the consumer User (Customer) or the entity referred to in § 9 of the Terms and Conditions, shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
2. Any disputes arising between the Service Provider and the non-consumer User (Customer) shall be settled by the court having jurisdiction over the Service Provider’s registered office.
Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/

About Chetzemoka

Follow Us

Product Categories

Contact Us