TERMS OF SERVICE EDU-GRAFIKA.PL
Administrator – firma EKOKAL Tomasz Parys ul. Ustronna 25, 42-660 Kalety NIP PL 645-233-15-14, REGON 380444751.
User – a natural person, legal person and organizational unit without legal personality, visiting the Website or using the services of the Website in the manner specified in the Regulations and for which the Account was created.
Service – website run by the Administrator at www.edu-grafika.pl, through which the Administrator provides Users with educational aids (in the form of digital files in .pdf format) and provides other services specified in these Regulations.
Registration – means the process of registering a potential Customer on the Service, using the registration form provided by the Administrator to create an Account.
Regulations – means these regulations setting out the rules for using the Service and the rights and obligations of Customers and the Administrator.
Personal data– means the information collected about the User during the User Registration on the Website and while the User is using the Website and its functionalities. Personal Data is processed for the purposes and to the extent indicated in the Privacy and Cookies Policy.
Payment Operator – payment institutions as defined art. 2 pkt. 10A) ustawy z dnia 19 sierpnia 2011 r. o usługach płatniczych (t. jedn. Dz. U. z 2017 r. poz. 2003), with whom the Website cooperates.
Order payment – debiting the User’s bank account or payment card confirmed by the Payment Operator with the amount specified in the order.
§2 GENERAL PROVISIONS
2.1. The Regulations define the conditions for the provision of electronic services by the Administrator and use of the website.
2.2. By registering on the Website and ordering the service, the User confirms that he has read the terms and conditions of the Operator’s provision of electronic services, and that he accepts all the provisions of these Regulations.
2.3. The website allows you to make purchases via the Internet.
2.4. The administrator makes every effort to make the use of the website possible for users using all popular web browsers, operating systems, device types and types of Internet connections. The minimum technical requirements enabling the use of the Website are at least a web browser Internet Explorer 8 or Chrome 16 or Firefox 10 or Opera 11 or Safari 5 or newer, accepting cookies and internet connection with a bandwidth of at least 256 kbit/s.
2.5. Due to the public nature of the Internet and the use of electronic services, the Administrator draws attention to the risks associated with the possibility of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that minimize the above-mentioned threats. In particular, they should use anti-virus programs and protect the identity of those using the Internet.
2.6. The images of downloadable files presented on the Website may differ in color from the actual colors due to the different configuration of customers’ computer equipment.
2.7. The information provided on the Website’s website does not constitute the Administrator’s offer within the meaning of the Civil Code, but only the invitation of customers to submit offers to conclude the Agreement.
2.8. In order to use the Website, the User should obtain access to a computer station or terminal device with Internet access on their own.
2.9. It is forbidden for the User to provide illegal content and the User to use the Website, website or free services provided by the Website in a manner contrary to applicable law, decency, violating personal rights of third parties or legitimate interests of the Website.
§3 SERVICES PROVIDED, CONTRACTS
3.1 Within the scope of the Website, the Administrator provides paid services in the form of making available to Users, under the granted License, ready-made educational materials in PDF format for conducting educational activities at home or in educational and therapeutic institutions, such as kindergartens, schools, counseling centers and others.
3.2. Access to services is via the website www.edu-grafika.pl and requires prior registration on the Website, conclusion of the license agreement and access to its content by accepting these Regulations, and by placing an order and paying a subscription.
3.3. The contracts referred to above are concluded for an indefinite period.
§4 ACCOUNT REGISTRATION
4.1. Creating an account is voluntary and free of charge, but the lack of creating an Account prevents the use of services provided by the Website, including the possibility of making purchases.
4.2. Creating an account occurs after properly completing the registration form on the Website and the next confirmation of registration by entering the appropriate link in the content sent to the User in the message to the email address provided during registration.
4.3. In the registration form, the User provides login, password and e-mail address.
4.4. The condition of completing the account registration is accepting the content of these Regulations after reading and understanding it.
4.5. The user logs in to the account after entering the correct login and password in the login form.
4.6. The registered account cannot be made available by the User to third parties.
4.7. Each User whose data is in the Service database has the right to inspect their data, to correct and delete it.
4.8. The user is required to provide true data in the registration form.
4.9. The User acknowledges that while using the Website, in particular when making a Purchase, he may be asked to provide additional data not included in the registration form, e.g. telephone number, tax identification number and data allowing for issuing a VAT invoice.
§5 PACKAGES and PAYMENTS
5.1. As part of the Website, the Administrator presents downloadable educational aids (in the form of .pdf files) via the Internet.
5.2. The option of download files posted on the Website is available only to the User who has an Account who has logged in to the Website and paid for the download package.
5.3. The User may purchase one of several downloads packages presented on the Website. The download limit is without time limit. A detailed description of the individual packages can be found on the Website.
5.4. Purchase of the next package before exhausting the previous or several at the same time adds up the number of downloads.
5.5. Each download of the file causes a negative calculation of the number of downloads. Subsequent downloads of the same file within six hours of the first download do not result in a negative number of downloads. After this time, a negative number of downloads is counted again.
5.6. During the ordering process, the User should follow the instructions appearing in the Cart.
5.7. All prices on the Website are given in Polish zlotys (PLN), Euros or US Dollars (depending on the choice) and include VAT.
5.8. The binding price is the price given when placing the order in the Basket, after including all Vouchers, Discounts and promotions.
5.9. Packages with the download limit mentioned above can only be paid by an adult when placing an order via the online payment system.
5.10. The Administrator reserves the right to refuse to sell a download package to the User in the event of his violation of the provisions of the Regulations or applicable law
5.11. Electronic payment methods, made available on the Website, are supported by the Payment Operator. Authorization of electronic payments is carried out on the website of the Payment Operator. The administrator is not responsible for any errors in the operation of the online payment system.
5.12. The order may be canceled if the transaction in the electronic payment system cannot be authorized by the Payment Operator.
5.13. The Customer has the right to cancel the Purchase until payment is made for the Package with the download limit of his choice.
5.14. Packages with a download limit are launched automatically after payment has been made and authorized by the Payment Operator. The date of starting access to the Website with the function of downloading files is the date of conclusion of the contract, however, its start takes place before the expiry of the fourteen-day period from the conclusion of the contract, to which the User agrees by accepting these Regulations. The User is not entitled to withdraw from the contract on the basis of art. 38 ustawy o prawach konsumenta z dnia 30 maja 2014 r. (Dz. U. 2014 r., poz. 827).
5.15. Upon payment of the order, the User has the right to receive a VAT invoice. The User authorizes the Administrator to issue a VAT invoice without the recipient’s signature and agrees to receive invoices in electronic form.
§6 DISCOUNTS, VOCHERS AND PROMOTIONS
6.1. During the Purchase, the User is entitled to use Discounts and Vouchers reducing the price for download packages.
6.2. Discounts and Vouchers have a validity period during which the User may take advantage of the offered Discount or Voucher.
6.3. Discounts and Vouchers cannot be combined and cannot be combined with any other promotions.
6.4. The Store’s website may contain information about promotions.
6.5. The Customer has no right to request the Administrator to pay any amounts due to rebates and Vouchers received.
6.6. The Customer is not entitled to demand the payment of any amounts related to the Discounts and Vouchers at any time, also after the termination of the Agreement.
6.7. Customers may not transfer received Discounts and Vouchers to other Customers.
§7 PERSONAL DATA AND PRIVACY
8.1. The User may file a complaint related to the conclusion of the contract and the use of the Website and the operation of packages with a download limit.
8.2. The User may file a complaint using the following communication channels: by email – to the following address: [email protected], by phone – +48 786 99 50 20 or in writing – to the address EKOKAL Tomasz Parys ul. Ustronna 25, 42-660 Kalety
8.3. The complaint should contain at least the name, surname, e-mail address and login of the User used to set up the Account, order number, and a description of the objections raised along with the User’s request related to the submitted complaint. A complaint submitted in writing should also contain the User’s mailing address. In the absence of the above The Administrator may ask the User to supplement this informations.
8.4. The administrator will respond to the complaint within 14 (fourteen) calendar days.
§9 CONTRACT FOR THE USE OF DIGITAL CONTENT, COPYRIGHT, LICENSE AND ITS TYPES
9.1.All materials posted on the Website at www.edu-grafika.pl are the property of the Administrator (hereinafter referred to as the Licensor) within the meaning of the Act of 4 lutego 1994 r. Prawo autorskie i prawa pokrewne ((Dz. U. 1994 r., Nr 27, poz. 83 z późniejszymi zmianami) and in this respect they are the subject of exclusive protection.
9.2. The Licensor declares that:
a) the use of all the resources of the www.edu-grafika.pl Website by the User (hereinafter referred to as the Licensee) shall not infringe the rights of third parties;
b) he has exclusive and unlimited proprietary copyrights to all resources of the Website;
c) may dispose of copyrights to all resources of the Website to the extent necessary to conclude and perform the license agreements referred to in this point Regulations.
9.3. Upon the correct registration on the Website and acceptance of these Regulations, and payment for the package with a download limit, the Licensor grants the Licensee an indefinite non-exclusive license to use the Website’s resources by downloading, printing, reproducing and creating materials within one household and using them for conducting educational activities at home and / or in an amount corresponding to a given group and their use to conduct classes in educational and therapeutic institutions, such as kindergartens, schools, clinics or offices.
9.4. Each time the license agreement concluded by the parties does not include the right to be paid or free of charge (other than specified in point 9.3), digital or analog duplication, modification and publication of any resources of the Website without the express written consent of the Licensor.
9.5. The Licensee does not acquire the right to make the Website resources available to third parties in a different way than specified in point 9.3., in particular by enabling them to use the account registered by him. Share on the Internet resources downloaded from the Website without the consent of the Administrator is prohibited. This applies in particular to private and commercial websites, P2P clients, internet forums, online communities, etc. If the above-mentioned situations are detected, the Administrator may direct claims against the identified buyer for violating the rights to a given copy of the Website resource.
9.6. The Licensee is not entitled to remove owner labels, any commercial use of Website resources,
9.7. In case of violation of the terms of the license granted, the Licensor has the right to withdraw from the contract concluded by the parties without setting an additional deadline, by submitting a written declaration of intent in electronic form. In this respect, the Licensor acquires the right to claim compensation for damage thus arising on general principles.
§10 FINAL PROVISIONS
10.1. The Website Administrator is not responsible for the Website Administrator’s failure to block mail servers from sending mail messages to the email address provided by the User, and for the removal and blocking of emails by software installed on the computer used by the User.
10.2. 151/5000 In matters not covered in the Regulations, the provisions of Polish law, in particular the Civil Code, shall apply to consumers Ustawy z dnia 24 czerwca 2014 roku o prawach konsumenta o oraz ustawy o prawie autorskim i prawach pokrewnych.
10.3. This version of the Regulations applies from November 1, 2019.
10.4. The Administrator reserves the right to amend the Regulations for important reasons, and in particular in cases dictated by technical reasons for the provision of electronic services and changes aimed at adapting the provisions of the Regulations to compliance with applicable law.
10.5. The amendment to the regulations becomes effective on the date indicated by the Administrator, not less than 7 days from the moment of sending information about the amendment to the Regulations to the User’s email address and making the amended Regulations available on the Website. Purchases made by Users before the entry into force of amendments to the Regulations are carried out according to the existing provisions of the Regulations.
10.6. If the registered User does not accept the new content of the Regulations, he shall be obliged to inform the Administrator about this fact within 7 days from the date of notification of the change in the Regulations.
10.7. Amendments to the Regulations will not in any way affect the acquired rights of the User who is also a consumer and uses the Website before the changes come into force, in particular amendments to the Regulations will not affect already placed Orders, concluded or executed Agreements.
10.8. In the event of a breach of these Regulations by the User, the Administrator may block his access to the services provided and call him to remove the violations. If the violations are not removed within the deadline set by the Administrator or similar violations arise in the future, the Administrator may terminate the contract for the provision of services immediately, without setting a deadline for their removal again.
10.9. The administrator strives to resolve disputes with the User in an amicable way, in the event that this form fails, the court competent for resolving disputes is the court having jurisdiction according to applicable regulations.
10.10. In the event of disputes between the Administrator and a natural person who is not a consumer or legal person, the court having jurisdiction is the court with jurisdiction over the seat of the Administrator.
10.11. All matters related to the use of the Administrator’s services should be directed to mail [email protected]
If you have questions and suggestions, please contact us by email:[email protected]