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Giftyonline User Account Regulations
REGULATIONS FOR THE PROVISION OF SERVICES BY WAY ELECTRONIC (ACTIVATION AND ACCOUNT MANAGEMENT BY THE CUSTOMER) PERFORMED WITHIN THE GIFTYONLINE.PL WEBSITE
(hereinafter also referred to as: “Regulations")
GENERAL PROVISIONS
§ 1. DEFINITIONS
These Regulations define the general conditions for the activation and use of the Account and the principles of using the services provided by the Service Provider. Whenever the following capitalized terms are used in the further part of the Regulations, they should be understood in the meaning given below, unless the context of their use clearly indicates otherwise:
1. Password - a sequence of alphanumeric characters, necessary for authorization when accessing the Account, which is specified by the Customer when creating the Account. The Customer is obliged to keep the Password strictly confidential (not to disclose it to any third parties). The Password can be changed in the Account settings. The Customer may be given the option of so-called recovery of a forgotten Password in the manner specified within the Service;
2. Customer - an entrepreneur or a legal person or an organizational unit without legal personality, properly represented by an appropriate natural person who accepts the Regulations. Consumers cannot be Customers of Giftyonline.pl. The Service is intended exclusively for entrepreneurs;
3. Customer Account/Account - space provided to the Customer within the Service in accordance with the Service Provision Agreement, allowing the Customer to use additional functionalities/services. The Customer obtains access to the Customer Account using the Login and Password. The Customer logs into their Account after registering on the Service website;
4. Login - the Customer's e-mail address provided within the Service when the Customer creates an Account;
5. Service Provision Agreement - this document specifying the rules for activating and using the Account and the rules for providing and using the services offered by the Service Provider to Customers. The Regulations specify the rights and obligations of the Customer and the Service Provider. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended);
6. Service - a platform for sharing the Account and the Store, constituting a set of interconnected websites, available via the URL address: http://www.giftyonline.pl;
7. Service Provider - B&D CONSULTING Bartosz Krajewski, Srebrzyszcze, ul. Dorohuska 28, 22-100 Chełm;
8. Technical Requirements - minimum technical requirements, the fulfillment of which is necessary to use the Store, conclude the Agreement for the Provision of Services, specified in Annex No. 1 to the Regulations – Technical requirements for using the Service. To create an Account, the Customer must have a valid/active e-mail address.
§ 2. GENERAL RULES FOR USING THE SERVICE
1. Using the Service requires that the end device and IT system used by the Customer meet the minimum Technical Requirements specified in Annex No. 1 to the Regulations.
2. Acceptance of the Regulations is voluntary, but necessary in order to create a Customer Account.
3. The Customer may change and correct the data entered when creating the Account at any time using the options available within the Customer Account.
§ 3. LICENSE
Exclusive rights to the content made available/placed within the Service by the Service Provider or its contractors, in particular copyright, the name of the Service, its graphic elements, software and rights in the scope of databases are subject to legal protection and are vested in the Service Provider or entities with which the Service Provider has concluded appropriate agreements. The Client is entitled to use the above content free of charge, but only within the scope of permitted personal use. Using the content in another scope is permissible only on the basis of express, prior consent, granted by the entity authorized to do so, in writing under pain of nullity and within the limits of generally applicable law.
§ 4. CONCLUSION OF AN AGREEMENT FOR THE PROVISION OF FREE SERVICES
1. The Service Provider provides free of charge, in particular the following services to Customers:
a. enabling Customers to create a Customer Account (Service of setting up and maintaining an Account);
b. sending Notifications about new products, promotions and offers to the e-mail address indicated by the Customer;
c. the possibility of submitting a request for quotation for the performance of a specific order by the Service Provider.
2. The Service Provider undertakes to provide the services referred to in par. 1 above, to the extent and under the terms specified in the Regulations. The use by the Customer of the services specified in par. 1 above does not entail the obligation for the Customer to pay the price to the Service Provider.
3. The condition for using the services indicated in par. 1 above is that the terminal device and IT system used by the Customer meet the minimum Technical Requirements.
4. The Service Provision Agreement is concluded upon effective completion and acceptance by the Customer (sending to the Service Provider) of the registration form in order to create a Customer Account. The conclusion of the Service Provision Agreement requires acceptance of the Regulations.
5. The consolidation, protection, provision and confirmation to the Client of the essential provisions of the Service Provision Agreement shall be made by means of an e-mail message sent to the e-mail address provided by the Client in the registration form.
6. The Service Provision Agreement is concluded in Polish, for an indefinite period.
7. In order to ensure the proper implementation of the Service Provision Agreement, the Client is obliged in particular to:
a. immediately update the data, including personal data, provided by the Client to the Service Provider in connection with the conclusion of the Service Provision Agreement;
b. use the services offered by the Service Provider in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and principles of social coexistence adopted in a given scope, including in a manner not burdensome for other Customers and for the Service Provider and not disrupting the work of the Service Provider.
8. The Customer is also obliged to:
a. not to provide and not to transfer any content prohibited by the provisions of applicable law, in particular content violating the property copyrights of third parties or their personal rights;
b. not to take actions such as:
- placing any content violating the provisions of the law (prohibition of placing illegal content);
- undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers;
- modifying in an unauthorized manner the content provided by the Service Provider;
- abusing the rights granted to the Customer by the Service Provider or the provisions of the law, in a manner that is contrary to the socio-economic purpose of a given right or to the principles of social coexistence.
9. Violation of any of the obligations indicated in paragraph 8 or paragraph 9 above shall be understood as a gross violation of the provisions of these Regulations.
§ 5. TERMINATION OF THE SERVICE PROVISION AGREEMENT
1. The Customer may terminate the Service Provision Agreement with immediate effect, at any time, by sending an e-mail to biuro@giftyonline.pl
2. The Service Provider may terminate the Service Provision Agreement with the Customer at any time with at least 14 days' notice for important reasons understood exclusively as (closed catalogue) a material breach of the provisions of the Regulations by the Customer. The Service Provider shall send its statement in this respect to the e-mail address provided by the Customer when creating the Customer Account.
§ 6. COMPLAINTS ABOUT SERVICES
1. The Customer has the right to file a complaint about the services provided by the Service Provider at any time.
2. The Customer may file a complaint about the services provided by the Service Provider to the Service Provider, in particular in writing or by phone or via e-mail.
3. The complaint will be considered by the Service Provider within 14 days of the Service Provider receiving the complaint. j Customer.
§ 7. PERSONAL DATA
To the extent that you are subject to the provisions of the GDPR (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC), the Service Provider informs that:
The administrator of your personal data is B&D CONSULTING Bartosz Krajewski, Srebrzyszcze, ul. Dorohuska 28, 22-100 Chełm (“ADO”). ADO processes your personal data for the purpose of concluding and implementing services provided electronically – including creating an Account (art. 6 sec. 1 letter b GDPR), direct marketing (art. 6 sec. 1 letter f GDPR) and profiling for marketing purposes (art. 6 sec. 1 letter f GDPR). The recipients of your data may be: carriers or their intermediaries delivering parcels, IT providers, service providers in the area of marketing and analytical activities. You have the right to object to the processing of data based on art. 6 sec. 1 letter f GDPR. Personal data for marketing purposes will be processed until an objection is filed. In the remaining scope, personal data will be processed until the end of the service agreement with ADO and the time necessary to fulfill the obligations imposed by law (settlement, limitation of claims). You have the right to request access to your personal data, their rectification, deletion or restriction of processing, as well as the right to object to the processing, as well as the right to transfer data. You have the right to lodge a complaint with the supervisory body - the President of the Personal Data Protection Office. Providing personal data is voluntary, and failure to provide data will prevent the conclusion and implementation of the agreement and the use of the Service.
§ 8. ORDERING PROCESS
1. The Service is not intended for concluding distance contracts – in particular sales agreements.
2. The Customer has the right to submit (regardless of whether they have an Account or not) an inquiry requesting a quote for a specific order. The mere submission of an inquiry does not create an obligation on the part of the Client to order and pay for the order, just as it does not create an obligation on the part of the Service Provider to fulfill it.
3. As a result of the submitted inquiry, the Service Provider may send to the Client by e-mail orders specifying the terms of the order, value, deadlines, etc.
4. An order accepted by the Customer creates an obligation (the order must be printed, signed and then sent as a scan to the Service Provider) and thus an agreement between the Customer and the Service Provider on the terms specified in the order.
§ 9. PAYMENT FOR ORDER
1. You can pay for the order in a manner individually agreed with the seller. Supported forms of payment: traditional transfer, cash on delivery, electronic payments, including BLIK payments and card payments.
2. The operator of online payments and payment cards is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935, NIP 7792369887, Regon 301345068. 
3. For online payments we add a 1.9% commission of the order value, while for card payments we add a 3.4% commission of the order value.
§ 10. CHANGES TO THE REGULATIONS
1. The Regulations enter into force on 24.04.2018. and are available on the Service website.
2. The Service Provider reserves the right to change the Regulations in the event of at least one of the following important reasons (closed list):
a. change in the legal provisions regulating the provision of services by electronic means by the Service Provider affecting the mutual rights and obligations specified in the Agreement for the Provision of Services concluded between the Service Provider and the Customer.
b. necessity to adapt the activity Service Providers to orders, rulings, resolutions or guidelines resulting from:
- a decision of a public administration body competent in the scope of the Service Provider's activity affecting the mutual rights and obligations specified in the Service Provision Agreement concluded between the Customer and the Service Provider;
or
- a court decision applicable in the scope of the Service Provider's activity affecting the mutual rights and obligations specified in the Service Provision Agreement concluded between the Customer and the Service Provider;
c. a change in the method of providing services electronically by the Service Provider caused exclusively by technical or technological reasons (in particular, updating the Technical Requirements);
d. a change in the scope or principles of providing services by the Service Provider, to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing by the Service Provider the existing functionalities or services covered by the Regulations;
e. a merger, division or transformation of the Service Provider or a change in other data of the Service Provider.
3. In the event of a change in the content of the Regulations on the principles specified above, Customers have the right to terminate the Service Provision Agreement within 14 days from the date of notifying them of the change in the Regulations with appropriate notice.
4. In the event of changes in the Regulations, the Service Provider will make the consolidated text of the Regulations available by publishing it on the Service website and by means of a message sent to the e-mail address provided by the Customer.
§ 11. FINAL PROVISIONS
1. The law applicable to the conclusion of the Service Provision Agreement is the law of the Republic of Poland, and the courts are the common courts in the Republic of Poland, unless otherwise provided for in mandatory provisions of law. Any disputes between the Service Provider and the Customer who is not a consumer shall be submitted to the court with jurisdiction over the seat of the Service Provider.
2. The content of the Regulations is available to Customers free of charge at the following URL address: https://www.giftyonline.pl/pl/regulamin, from where Customers can view and print them at any time.
ANNEX NO. 1
TO THE REGULATIONS FOR PROVIDING SERVICES BY ELECTRONIC MEANS
TECHNICAL REQUIREMENTS FOR USING THE SERVICE
1. Minimum hardware requirements:
a. processor: x86 1GHz architecture or equivalent in other architectures
b. RAM: 512MB
c. Monitor and graphics card: XGA compatible, minimum resolution 1024x768 16bit
d. Hard drive: any operating system with at least 100MB of free space
e. Mouse or other manipulator + keyboard
f. Network card/modem: allowing access to the Internet at a speed of 512kb/s
2. Minimum software requirements:
a. Operating system: MS Windows 95 or higher, Linux with X.ORG, MacOS 9 or higher, the latest mobile systems: Android, iPhone, SymbianOS, Windows Mobile
b. Web browser: Internet Explorer 7 or higher, Opera 9 or higher, FireFox 2 or higher, Chrome 1.0 or higher, Safari 5
c. Browser with cookie support and enabled JjavaScript
d. Flash Player plugin version 10.0 or higher recommended.
