Terms of service

REGULATIONS

These Regulations (hereinafter referred to as the "Regulations") define the terms and conditions and rules of playmats.eu online store (hereinafter referred to as the "Online Store").

 

Minimum technical requirements

The minimum technical requirements for using the Website of the Service are a web browser of at least Chrome 98 or FireFox 108.0.1 or Opera 94.0.4606.38 or Safari 16.1 or later, with Javascript enabled, accepting cookies, and an Internet connection of at least 10 mbit/s.

 

 Use of the Online Store

To place an order in the Online Store via the Store's Website or by e-mail and in order to use the services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account, and in the case of an order in the Online Store by telephone or using the free Chat service, it is necessary in addition to have an active telephone number.
The Service Provider uses the mechanism of "cookies" files, which are saved by the Service Provider's server on the hard drive of the Client's final device when the Clients use the Store's Website. The use of "cookies" is aimed at the proper operation of the Store's Website on Customers' terminal devices. Each Customer may disable the "cookies" mechanism in the web browser of his/her end device, however, disabling "cookies" may cause difficulties or make it impossible to use the Store's Website.

 

§ 1 Definitions


Working days - days from Monday to Friday excluding public holidays.

Delivery - the actual act of delivery of the Goods specified in the order to the Customer by the Seller, including through the Supplier.

Supplier - means the entity with which the Seller cooperates in making the Delivery of Goods.

Customer - means an entity for whom electronic services are provided or with whom a Sales Contract may be concluded.

Consumer - means a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.

Customer Account - means an individual panel for each Customer, launched for his/her benefit by the Service Provider, after the Customer registers and concludes a contract for the provision of the Customer Account service.

Entrepreneur - means a natural person, a legal person or an organizational unit which is not a legal person, to which the law grants legal capacity, conducting in its own name a business or professional activity and performing a legal action directly related to its business or professional activity.

Individual Entrepreneur - a natural person who enters into a contract directly related to his/her business activity, if the content of the contract shows that it does not have a professional character for him/her, 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. The definition of Individual Entrepreneur is not included in the term "Entrepreneur".

Registration - means an action required by the Regulations for the Customer to use all the functionalities of the Online Store.

Seller's Registered Office - means the place intended for serving Customers at the address Kościuszki 27C, Bydgoszcz.

Seller - NETFIRE GROUP SP. Z O.O. SP.K. 7b Brandta Street, 85-306 Bydgoszcz, NIP 9532688786, KRS 0000647293, REGON 365870913, entered in the Register of Entrepreneurs kept by the District Court in Bydgoszcz, XIII Economic Department of the National Court Register.

Store Website - means the websites under which the Service Provider operates the Online Store, operating in the domain www.playmats.eu.

Goods - means a product presented by the Seller via the Store's Website, which may be the subject of a Sales Contract.

Durable medium - material or device that allows storing information addressed personally to a given subject, in a manner that allows access to the information in the future for a period of time appropriate to the purposes that the information serves, and that allows the reproduction of the stored information in an unchanged form.

Sales contract - means a sales contract concluded remotely, under the terms of the Regulations, between the Customer and the Seller.

Service Provider - NETFIRE GROUP SP. Z O.O. SP.K. 7b Brandta Street, 85-306 Bydgoszcz, NIP 9532688786, KRS 0000647293, REGON 365870913, entered in the register of entrepreneurs kept by the District Court in Bydgoszcz, XIII Economic Department of the National Court Register. 

§ 2 Registration

  1. In order to create a Customer Account it is necessary for the Customer to register free of charge.
  2. Registration is not necessary to place an order in the Online Store.
  3. For Registration, the Customer shall complete the registration form made available on the Store's Website and send the completed registration form electronically to the Service Provider by selecting the appropriate function found in the registration form. During the Registration process, the Client sets an individual password.
  4. The Client is obliged to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.
  5. During Registration, the Client may agree to receive marketing communications (e.g. offers, discount vouchers, current promotions) regarding the Vendor at the email address and phone number provided by the Client by checking the appropriate box in the registration form. In such a case, the Service Provider shall clearly inform the Client about the principles of processing his personal data for the above purposes. The consent referred to in this paragraph is voluntary.
  6. The conclusion of a contract with the Service Provider for electronic provision of the service of maintaining the Client's Account is not conditional on the Client's consent to receive marketing communications (e.g. offers, discount vouchers, current promotions) concerning the Vendor at the e-mail address and telephone number provided by the Client.
  7. The consent referred to in paragraph 5 above may be withdrawn at any time by submitting an appropriate statement by the Client to the Service Provider. The statement may, for example, be sent to the Service Provider's address via e-mail.
  8. The Client also has the option of registering via his/her user account on external sites, such as social networks. In this case, the establishment of a Customer Account is carried out by redirecting from the Online Store to the website of the external service, where the user is asked to provide a username or other data identifying him/her and the password he/she has for the user account on the external service in question. After authorization on the external service's website, the user is redirected back to the Online Store, where a Customer Account is created with a link to the user's account on the external service. The user's name to the external service and his/her password are not registered and stored by the Service Provider. External sites, after authorization by the user, provide the Service Provider with the following personal data: first name, last name, e-mail address.
  9. In addition, the Customer via the Store Website may make Registration and subsequent login to the Online Store, as well as transfer shipping data for order processing, using an account with an external service, including electronic wallets.
  10. After submitting the completed registration form, the Client will receive a confirmation of Registration by the Service Provider at the e-mail address provided in the registration form. From this moment, the contract for electronic provision of the service of maintaining the Client's Account is concluded, and the Client obtains the possibility to access the Client's Account and make changes to the data provided during the Registration. 

 § 3 Orders

  1. The information contained on the Store's Website does not constitute an offer within the meaning of the Civil Code, but an invitation to customers to submit offers in order to conclude a contract of sale.
  2. The Customer may place orders at the Online Store via the Store's Website or e-mail 7 days a week, 24 hours a day.
  3. The Customer may place orders in the Online Store via telephone or using the free Chat service, during the hours and days indicated on the Store's Website.
  4. The Customer placing an order via the Store's Website, completes the order by selecting the Goods and adding them to the "CART". After completing the entire order and indicating in the "CART" the method of Delivery and the form of payment, the Customer places the order using the available order form, selecting then on the Store Website the "Place Order" button. Each time before placing an order, the Customer is informed of the Seller's data about the total price for the selected Goods and Delivery, as well as all additional costs he is obliged to pay in connection with the Sales Agreement.
  5. If the quantity of Goods is limited, the Customer is informed each time when placing an order.
  6. The Client placing an order via e-mail, sends it to the e-mail address provided by the Service Provider on the Store's Website. In the message sent to the Service Provider, the Client shall specify in particular: the name of the Goods, the specification and its quantity, among the Goods presented on the Store's Website, and his/her contact details.
  7. After receiving from the Client by e-mail the message indicated in the paragraph above, the Service Provider shall send a return message to the Client by e-mail, specifying the details of the Seller, the price of the selected Goods and the possible forms of payment and the method of Delivery together with its cost, and the cost of the Additional Service, if selected by the Client, as well as information about all additional payments to be incurred by the Client under the Sales Contract. The message also contains information for the Client that the conclusion of the Sales Agreement by the Client via e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Service Provider, the Client may place an order by sending an e-mail message to the Service Provider indicating the selected form of payment and method of Delivery. Each time before placing an order, the Client is informed of the details of the Seller with whom the Contract of Sale will be concluded.
  8. Placing an order, as referred to in paragraph 4 and paragraph 7 above, constitutes an offer by the Client to the Seller to conclude a Contract of Sale for the Goods, which are the subject of the order.
  9. After an order is placed, the Service Provider shall send a confirmation of order acceptance to the e-mail address provided by the Client. The confirmation of order acceptance is the Seller's statement of acceptance of the offer referred to in paragraph 9 above, and upon its receipt by the Client, the Contract of Sale is concluded.
  10. Immediately after the conclusion of the Contract of Sale, the Seller shall confirm its terms and conditions to the Customer by sending them on a durable medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or order placement.
  11. After the conclusion of the Contract of Sale, the Seller may contact the Customer at the telephone number provided, in order to examine the level of satisfaction of the Customer with the conducted transaction in the Online Store.
  12. If, as part of an economically unified transaction with a value exceeding PLN 15,000, the Customer makes a purchase, as an Entrepreneur who is a VAT taxpayer, including an Individual Entrepreneur who is a VAT taxpayer, of at least one of the goods in items 59 - 66 of Appendix No. 15 to the Value Added Tax Act of March 11, 2004 (Journal of Laws No. 54, item 535, as amended) then such transaction will be subject to a special settlement in the area of value added tax (the so-called split payment mechanism). In such a case, the customer will be automatically notified by the system of the Online Store about the principles of settlement of the transaction and further steps.
  13. In justified cases, especially in the case of a high price of the Goods, the Seller may apply a special mode of order placement, in which the Customer will be required to pay an advance payment conditioning the placement of the order. The Customer will be informed of the need to pay the advance payment during the order placement. The Service Provider, together with confirmation of the order acceptance, will allow the Customer to pay the remainder of the price in the manner described in the Terms and Conditions.
  14. The Service Provider may cancel an order placed by a Customer who is not a Consumer (i.e. withdraw from the Contract of Sale within the meaning of Article 395 of the Civil Code) from the moment of conclusion of the Contract of Sale until the expiration of 14 days from the date of Delivery of the Goods. Withdrawal from the Sales Agreement in this case may take place without giving any reason, in particular when the order indicates the purchase of the Goods for further resale. The withdrawal does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.



§ 4 Payment

  1. The prices on the Store's Website placed next to the given Goods are gross prices in euro (EUR).
  2. The given prices do not include information on delivery costs and any other costs that the Customer will be obliged to pay in connection with the sales contract, of which the Customer will be informed when choosing the method of delivery and placing the order.
  3. The Customer may choose the following forms of payment for the ordered Goods:
    a) bank transfer;
    b) by credit card or bank transfer through an external fast payment system;
    c) cash on delivery;
    d) cash or credit card upon personal collection;
    e) installment payment system.
  4. The Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within:
    a) up to 5 Working Days, if he has chosen the form of prepayment by bank transfer (traditional transfer);
    b) up to 3 Working Days, if he has chosen the form of prepayment by credit card or bank transfer through an external fast payment system.
  5. If the Customer fails to make payment within the period referred to in the paragraph above, the Seller shall have the right to withdraw from the Sales Agreement. Upon ineffective expiration of the time limit for payment, the Seller shall send to the Customer on a durable medium a statement of withdrawal from the contract pursuant to Article 492 of the Civil Code.
  6. The Customer shall have a contractual right to withdraw from the contract in accordance with Article 395 of the Civil Code until receipt of the Goods. This right may be exercised by the Customer by making a statement to the Seller, in particular by sending a completed form available on the Store's website. The above contractual right of withdrawal is separate from, and does not affect or limit the right to withdraw from the contract within 14 days under the Consumer Rights Act (§ 8 of the Terms and Conditions).

§ 5 Delivery

  1. The Seller shall make Delivery to the customer to any address indicated, excluding countries located in Africa, South America and Oceania.
  2. The Store's Website indicates the number of Working Days required for Delivery and processing of the order.
  3. The ordered Goods shall be delivered to the Customer, unless the Customer has chosen to collect them at the Seller's Registered Office. The method of Delivery and its terms and conditions may vary depending on the weight and size of the ordered Goods, of which the Customer is informed each time during the placement of the order via messages posted on the Store's Website.
  4. By selecting a Supplier, the Customer accepts the terms and conditions of delivery specified by the selected Supplier.
  5. If a parcel machine is selected as a form of Delivery, the Delivery address shall be the address of the parcel machine selected by the Customer at the time of placing the order.
  6. The Customer shall be obliged to examine the delivered parcel at the time and in the manner usual for parcels of a given type. If any defect or damage to the shipment is found, the Customer shall have the right to demand that an employee of the Supplier write an appropriate protocol.
  7. The Seller shall attach, according to the Customer's request, a receipt or a VAT invoice covering the delivered Goods to the shipment being delivered, or shall send the receipt or the VAT invoice by e-mail, to the electronic address provided by the Customer when placing the order. The receipt/VAT invoice is delivered via e-mail in the form of an electronic file in PDF format. In order to open the file, the Customer should have free software compatible with the PDF format.
  8. If the Customer makes use of the option to pick up the ordered Goods in person, he/she may do so at the Seller's Registered Office during the opening hours indicated on the Store's Website. The date for picking up the Goods will be confirmed by the Seller via e-mail or telephone. If the Goods are not picked up at the Seller's Registered Office, which has not been paid for in advance, within 3 Business Days from the date confirmed by the Seller in accordance with the above, the Seller reserves the right to cancel the order (i.e. withdraw from the Contract of Sale within the meaning of Article 395 of the Civil Code).
  9. In the case of Delivery with personal collection at the Seller's Registered Office, the type of proof of purchase issued by the Seller shall depend on the payment option selected by the Customer.
  10. Completion of the transaction The Seller, as part of the performance of the contract with the Customer, may send the Customer an e-mail invitation to complete a survey to examine his opinion of the transaction carried out; the Customer is not obliged to complete it.

 § 6 Warranty

  1. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
  2. In the case of used, incomplete Goods (e.g. from exposure or return), the Seller shall each time inform the Customer in particular about possible visible traces of use.
  3. If the Goods have a defect, the Customer may:
    a) make a statement to reduce the price or withdraw from the Sales Contract, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the Goods with defect-free or remove the defects. The Client may, instead of the removal of defects proposed by the Seller, demand replacement of the Goods with defect-free Goods or, instead of replacement of the Goods, demand removal of defects, unless bringing the Goods into conformity with the agreement in the manner selected by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessive cost, the value of the Goods free from defects, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Client.

    b) demand replacement of the defective Goods with defect-free Goods or removal of the defect. The Seller shall be obliged to replace the Defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if bringing the Defective Goods into conformity with the Contract of Sale in a manner chosen by the Customer is impossible or, in comparison with the other possible manner of bringing them into conformity with the Contract of Sale, would require excessive costs. The cost of repair or replacement shall be borne by the Seller.
  4. In the case of a Client who is a Consumer or an Individual Entrepreneur, the costs of complaint shall be borne by the Seller, in particular the cost of delivery of the defective Goods to the Seller and sending them back to the Client by the Seller.
  5. Any complaints related to the Goods or the implementation of the Sales Contract, the Customer may submit in any form. The letter of complaint may be sent to the address of the Seller or to the Stationary Store, as well as in electronic form through the form provided on the Store's Website at: contact@playmats.com.
  6. The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint of the Goods or the complaint related to the implementation of the Sales Contract reported by the Client.
  7. The Client may submit a complaint to the Service Provider in connection with the use of free services provided electronically by the Service Provider. The complaint may be submitted in electronic form. The Client should include a description of the problem in the complaint notification. The Service Provider shall promptly, but not later than within 14 days, consider the complaints and provide the Client with a response.

 §7 Withdrawal from the Sales Contract under the Law on Consumer Rights.

  1. A Customer who is a Consumer or an Individual Entrepreneur who has entered into a Sales Contract (hereinafter referred to as the "Departing Party") may, within 14 days, withdraw from it without giving any reason.
  2. The time limit for withdrawal from the Sales Contract shall begin for a Sales Contract in the performance of which the Entrepreneur issues the Goods - from taking possession of the Goods by the Departing Party or a third party other than a carrier indicated by the Departing Party, and in the event that the Sales Contract includes multiple Goods that are delivered separately, in batches or in parts - from taking possession of the last Goods, batch or part, for other contracts - from the date of their conclusion.
  3. The Seller may withdraw from the Contract of Sale by submitting a statement of withdrawal to the Seller. The statement may be submitted on a form, the model of which is provided by the Seller on the Store's Website. To meet the deadline it is sufficient to send the statement before its expiration.
  4. The withdrawing party may withdraw from the Contract of Sale by submitting a statement of withdrawal to the Seller via the form provided on the website.The withdrawing party may withdraw from the Contract of Sale by submitting a statement of withdrawal to the Seller via the form provided on the website. The use of the online form constitutes an agreement to make a refund to the bank account and does not entail additional costs for the Seller. To meet the deadline it is sufficient to send the statement before its expiration. The Seller shall immediately confirm to the Departing Party the receipt of the form submitted via the website.
  5. In the event of withdrawal from the Sales Contract, it shall be considered not concluded.
  6. If the Departing Party has made a statement of withdrawal from the Contract of Sale before the Seller has accepted his offer, the offer shall cease to be binding.
  7. The Seller shall promptly, but not later than within 14 days from the date of receipt of the Seller's statement of withdrawal from the Contract of Sale, return to the Seller all payments made by the Seller, including the cost of Delivery of the Goods to the Seller. The Seller may withhold reimbursement of payments received from the Departing Party until the Goods are received back or the Customer provides evidence of the Goods being returned, whichever event occurs first.
  8. If the Departing Party exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Departing Party for the additional costs incurred by him.
  9. The Seller is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Contract of Sale. To meet the deadline it is sufficient to return the Goods to the Seller's address before the expiry of this period.
  10. In the event of withdrawal, the Seller shall bear only the direct costs of returning the Goods.
  11. If, due to its nature, the Goods cannot be returned by mail in the usual manner, the Seller shall inform the Consumer or Individual Entrepreneur about the cost of returning the item on the Store's Website.
  12. The Seller shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
  13. The Seller shall refund the payment using the same method of payment used by the Seller, unless the Seller has expressly agreed to a different method of refund, which does not involve any costs for the Seller.
  14. The right of withdrawal from the Sales Contract shall not apply:
    a. with regard to contracts in which the Goods is a non-refabricated thing, produced according to the Customer's specifications or serving to satisfy his individualized needs,

    b. with respect to contracts in which the Goods is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery,

    c.   To a Customer who is a Consumer or an Individual Entrepreneur with respect to contracts 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,

    d.   The Seller has fully performed the service with the express consent of the Client, who was informed that after the Seller's performance, he will lose the right to withdraw from the contract. 

 § 8 Free services

  1. The Service Provider shall provide to the Customers, by electronic means, free of charge services:
    a) Chat;
    b) Contact form;
    c) Newsletter;
    d) Maintaining a Customer Account;
     e) Posting of opinions.
  2. The services indicated in the paragraph above are provided 7 days a week, 24 hours a day, except for the Chat service, which is provided during the hours and days indicated on the Store's Website.
  3. The Service Provider reserves the right to choose and change the type, forms, time and manner of providing access to the selected listed services, of which it will inform the Customers in the manner appropriate to the change of the Regulations.
  4. The Contact Form service consists in sending a message to the Service Provider using a form located on the Store's Website.
  5. The Newsletter service may be used by any Customer who enters his/her e-mail address, using the form provided by the Service Provider on the Store's Website for this purpose. After submitting the completed form, the Client shall immediately receive, by e-mail to the e-mail address provided in the submitted form, a confirmation from the Service Provider. At that moment, the contract for electronic provision of the Newsletter service is concluded.
  6. The Newsletter service consists in sending by the Service Provider, to the e-mail address, a message in electronic form containing information about new services or products. The Newsletter is sent by the Service Provider to all Customers who have subscribed.
  7. Each Newsletter directed to the Clients' data shall contain, in particular: information about the sender, filled in field "subject", defining the content of the message and information about the possibility and manner of resignation from the free Newsletter service.
  8. The Customer may at any time resign from receiving the Newsletter by unsubscribing via a link provided in each e-mail sent within the Newsletter service.
  9. The Customer's Account service is available after Registration under the terms described in the Terms and Conditions and consists in providing the Customer with a dedicated panel within the Store's Website, allowing the Customer to modify the data he/she provided during Registration, as well as to track the status of orders and history of orders already completed.
  10. A Client who has registered may submit a request for deletion of the Client's Account to the Service Provider; however, in the event of a request for deletion of the Client's Account by the Service Provider, it may be deleted up to 14 (fourteen) days after the request.
  11. The Service of posting opinions consists in enabling the Service Provider to publish on the Store's Website individual and subjective statements of the Customer concerning, in particular, the Goods.
  12. The Chat service, which is free of charge, consists in establishing real-time contact between the Customer and the Service Provider via an instant messenger located on the Store's Website. During the use of the free Chat service, the Customer has the opportunity to conclude a Sales Agreement, under the terms described in § 3 of the Terms and Conditions.
  13. The Service Provider shall be entitled to block access to the Client's Account and free services, if the Client acts to the detriment of the Service Provider, Sellers, i.e. conducting advertising activity of another business or product; activity consisting in posting content not related to the Service Provider's or Vendors' business; activity consisting in posting false or misleading content, as well as in the case of Client's acting to the detriment of other Clients, Client's violation of the law or the provisions of the Terms and Conditions, as well as when blocking access to Client's Account and free services is justified by security reasons - in particular: breaking the security of the Store's Website by the Client or other hacking activities. The blocking of access to the Client's Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue underlying the blocking of access to the Client's Account and free services. The Service Provider shall notify the Client of the blocking of access to the Client's Account and free services by e-mail to the address provided by the Client in the registration form.

 § 9 Client's responsibility

  1. It is not permissible to use the resources and functions of the Online Store for the purpose of carrying out activities by the Client that would violate the interests of the Service Provider or the Seller, i.e. advertising activities of another business or product; activities involving the posting of content not related to the business of the Seller; activities involving the posting of false or misleading content.
  2. It is forbidden for the Customer to provide unlawful content and to use the Online Store, the Online Store Website or free services provided by the Service Provider in a manner contrary to the law, good morals or violating the personal rights of third parties.
  3. The Client shall be responsible for the content posted by him and distributed in this way. The Service Provider is not a content provider, but only an entity that provides appropriate ICT resources for this purpose. Content posted by the Client does not constitute the views of the Service Provider.
  4. The Client represents that:

    a) he/she is entitled to exercise copyright, industrial property rights and/or related rights to - respectively - works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that comprise the content;

    b) the placement and provision of personal data, image and information regarding third parties within the services referred to in § 10 of the Terms and Conditions took place legally, voluntarily and with the consent of the persons concerned;

    c) agrees that the published content may be viewed by other Clients, Service Provider and Vendors, and authorizes Service Provider to use them free of charge in accordance with the provisions of these Regulations;

    d) agrees to develop works within the meaning of the Law on Copyright and Related Rights.
  5. The Client shall not be entitled to:

    a) post, as part of the use of the services referred to in § 10 of the Regulations, personal data of third parties and disseminate images of third parties without the legally required permission or consent of the third party;

    b) post advertising and/or promotional content as part of the use of the services referred to in § 10 of the Regulations.
  6. It is prohibited for Customers to post, as part of the use of the services referred to in § 10 of the Regulations, content that could, in particular:

    a) be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;

    b) the placement and sharing of personal data, image and information concerning third parties within the services referred to in § 10 of the Regulations took place legally, voluntarily and with the consent of the persons concerned;

    c) agrees that the published content may be viewed by other Clients, Service Provider and Vendors, and authorizes Service Provider to use them free of charge in accordance with the provisions of these Regulations;

    d) agrees to develop works within the meaning of the Law on Copyright and Related Rights.
  7. In the event of receipt of a notification of violation of rights, the Service Provider reserves the right to modify or remove content posted by Clients in the course of their use of the services referred to in § 10 of the Terms and Conditions, in particular with regard to content which, based on reports from third parties or relevant authorities, has been found to be likely to violate these Terms and Conditions or applicable laws. The Service Provider does not conduct ongoing monitoring of posted content.
  8. The Client grants the Service Provider, free of charge, a non-exclusive license, unlimited in time and territory, to use the content posted by the Client on the Online Store, in particular to publish the content on the Store's Website. Client grants Service Provider the license referred to in the preceding sentence in the following fields of use:

    a) to make them available to the public in such a way that everyone can access them at a place and time of their own choosing (including making them available on the Internet) as well as public display;

    b) in terms of fixation and reproduction - fixation and reproduction in computer memory and production of copies by a specific technique, including printing, reprography, magnetic recording and digital technique.

§ 10 Protection of Personal Data

The rules for the protection of Personal Data are posted in the Data Processing Rules, at www.playmats.eu/privacy-policy-and-cookies

 

§ 11 Protection of rights

All rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to the templates, forms, logos and photos posted on the Online Store Website (with the exception of certain logos and photos presented on the Online Store Website for the presentation of goods, the copyrights to which belong to third parties) belong to the Service Provider.

 

 § 12 Termination of the contract for provision of services by electronic means

  1. Both the Client and the Service Provider may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned agreement and the provisions below.
  2. The Client, who has registered, shall terminate the contract for provision of services by electronic means, by sending to the Service Provider an appropriate statement of intent, using any means of remote communication, allowing the Service Provider to learn about the Client's statement of intent.
  3. The Service Provider, shall terminate the contract for the provision of services by electronic means by sending to the Client an appropriate statement of intent at the e-mail address provided by the Client during Registration. 
     

 § 13 The possibility for the Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures

  1. In accordance with the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on online consumer dispute resolution, the Consumer has the possibility to submit a complaint through the ODR platform at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL.
  2. The ODR platform is a platform for online dispute resolution between consumers and traders at the EU level, which is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court dispute resolution of contractual obligations arising from an online sales contract or service contract.
  3. The consumer has the option of using out-of-court means of complaint handling and redress, for example, through

    a.   Applying to a consumer ombudsman,

    b. Submitting a request for dispute resolution to a permanent amicable consumer court, or

    c. submitting a request for out-of-court dispute resolution to the provincial inspector of the Commercial Inspection.
  4. The list of entities authorized to resolve consumer disputes entered in the Register maintained by the President of the OCCP is available at: http://polubowne.uokik.gov.pl/rejestr,5,pl.html


§ 14 Final provisions

  1. The Seller shall be liable for non-performance or improper performance of the contract to Consumers and Individual Entrepreneurs. In the case of contracts with Entrepreneurs (other than Individual Entrepreneurs), the Seller shall be liable only in the case of intentional damage and shall not be liable for lost profits. The Seller's liability is only contractual in nature.
  2. Liability under the terms of the paragraph above shall also be borne by the Service Provider.
  3. If a dispute arises on the basis of the concluded Contract of Sale or Contract for the provision of services by electronic means, the parties will seek to resolve the matter amicably. The governing law for the resolution of any disputes arising under these Terms and Conditions shall be Polish law.
  4. The Service Provider reserves the right to amend these Regulations. All contracts for the provision of services by electronic means concluded before the effective date of the new Regulations shall be performed on the basis of the Regulations that were in effect on the date of conclusion of the contract for the provision of services by electronic means. The change of the Terms and Conditions shall come into effect within 7 days from their publication on the Store's Website. The Service Provider will inform the Client 7 days prior to the effective date of the new Terms and Conditions about the change of the Terms and Conditions by means of a message sent by e-mail. If the Client does not accept the new content of the Terms and Conditions, he is obliged to notify the Service Provider of this fact, which results in termination of the contract in accordance with the provisions of § 15 of the Terms and Conditions.
  5. Contracts with the Seller and the Service Provider shall be concluded in the English language.
  6. The Regulations shall come into force on 01.08.2023, with the proviso that for Clients who concluded the contract before this date, paragraph 4 above shall apply.