Terms and conditions
You are kindly requested to read these Regulations. Registration and purchase are tantamount to your consent to the below clauses.
- Any reference in these Regulations to:
- Seller - will mean CODEFOG Agencja Interaktywna Kamil Kuźmiński, ul. Warszawska 42/1, 11-100 Lidzbark Warmiński, powiat lidzbarski, woj. WARMIŃSKO-MAZURSKIE, Tax Identification Number (NIP): 7431990519, Statistical Identification Number (REGON): 281093831;
- Shop – will mean websites operated under the following address: https://shop.codefog.pl/ via which you may buy Goods;
- Goods - will mean a software license,
- Sale of Goods - will mean the granted license authorising the Buyer to use specific software based on rules laid down in these Regulations;
- Product - will mean software along with a license file and copyright;
- Client - will mean a registered entity which made a purchase via the Shop;
- Client’s Panel - will mean a user’s account established as a result of registration enabling the purchase and receipt of Goods;
- User - will mean each entity availing of services rendered by the Shop, including the Client.
2. General provisions
- The Seller enables the purchase of Goods via the following website: https://shop.codefog.pl (Shop). The Seller is the administrator of Clients’ personal data.
3. Subject of the Agreement
- The subject of the Agreement (Goods) is the right to use software (license) selected at the Shop. Under no circumstances, the copyright to the product represents the subject of the agreement.
- The license is granted by way of assigning a unique license number.
- The license authorises to use specific software worldwide.
- The license is granted for an indefinite period of time and authorises the Buyer to use specific software for an indefinite period of time, yet, new versions (updates) of the software and additional files are rendered available for 365 days as of the date of granting the license.
- Following the expiry of the annual subscription enabling the software update, each time, it is possible to extend it for 365 days via the Shop.
- The Seller has the right to terminate the license at any time subject to one month notice period, if Goods are used in breach of these Regulations, provisions of law or misused. In other cases, the Seller does not have the right to terminate the license. The license termination by the Client does not give the right to demand the refund of paid price.
- The granted license is a non-exclusive license.
- The software in relation to which the license is purchased is made available for download via the Internet.
- The downloaded Product contains the copyright statement and a file with the license number. Their deletion from the Product is forbidden.
- Some of offered Products include components whose copyrights are held by authors other than the Seller. Such products contain information which indicates a relevant component, its author and a license based on which the Seller included the component in its Product. Such components are governed by licenses granted by their authors, while the remaining part of the Product is subject to the license granted by the Seller.
- It is permitted to modify the Product and also to delete its components which are unnecessary for the User, however, the latter may perform such modifications at their own risk and acknowledges that such modifications may result in damaging the software.
- It is forbidden to separate components of the purchased Product and use them as a new set.
4. Rules of using and rendering the Product available
- Based on the granted license, the Product User acquires the right to use selected software in line with its purpose. Notwithstanding the above, the User is entitled to create end product or products for their own use or for another entity against payment.
- Depending on the granted license type:
- Regular License - the User is allowed to create only one end product for their own use or for another entity against payment.
- Extended License - the User is allowed to create countless end product for their own use or for another entity against payment.
- The Product User has the right to manage the end products manufactured with the use of the software to which the license was bought.
- It is forbidden to re-distribute the software in full, in part (as part of larger software) and its individual elements, in particular, by sale or other forms of rendering them available for free or for charge (whether via the Internet or via other memory carriers).
- Rendering the Product available for use will also mean making the Client’s Panel data accessible with a view to enabling download and use of the software by a third party.
- It is forbidden to dispose of (sub-license) the granted license.
- It is possible to buy a special license authorising all or some actions referred to in items 4.3., 4.4. and 4.5 of these Regulations after having agreed its conditions with the Seller. The Seller reserves themselves the right to refuse to grant the special license without providing grounds for their decision even after commencing negotiations and before entering into an agreement.
- Clients holding the special license cannot use the Product to an extent going beyond the wording of the granted license. Rights arising from the wording of the special license are interpreted literally.
- The Seller is not liable for using the software in breach the licence agreement and licence agreements referring to components or in violation of the law.
- The Seller is not liable for end products manufactured with the use of the software.
5. Use of the Shop
- The use of the Shop is conditional on reading these Regulations in full and on their approval.
- It is possible to enter into an agreement on the sale of Goods via the Internet.
- The agreement on the sale of Goods may be effectively entered into solely by Clients who have earlier completed the registration process on the Shop’s website.
- The sale agreement is entered into by and between the Client and the Seller.
- Information included in the registration form should be true and up to date. The Seller reserves itself the right to refuse to execute an order, if provided data prove to be imprecise to an extent which prevents the order execution.
- The Client is obliged to use the Shop in compliance with the provisions of law applicable in the territory of the Republic of Poland and conditions set out in these Regulations.
6. Conditions of registration
- The registration requirement applies to all entities wishing to buy Goods via the Shop.
- An entity filling in the registration form is obliged to indicate whether they use the Shop as part of conducted business operations or outside their business activity.
- Entities using the Shop outside their business activity need to supplement the registration form with the following information: name & surname/ company/ name, place of residence/ registered office, e-mail address, selected password.
- Entities using the Shop as part of conducted business operations need to supplement the registration form with the following information: name & surname/ company/ name, place of residence/ registered office, tax identification number or a relevant registration number (in the case of entities with the registered Office outsider the territory of the Republic of Poland), e-mail address, selected password.
- An entity which fails to specify in the registration form its tax identification number or a relevant registration number will be recognised as a person not conducting business operations.
- While filling in the registration form, all entities need to tick their consent for the electronic submission of VAT invoices to an indicated e-mail address.
- Entities which have their place of residence or registered office outside the territory of the European Union are obliged to submit a relevant statement in that regard – in line with a template available as part of the filled in form.
- An entity that refuses to provide any of the required data items will not be registered and, therefore, will be prevented from purchasing Goods via the Shop.
- As a result of the registration process, the Client’s Panel of the registering entity will be established.
- The Seller will take all actions required by the provisions of law with a view to protecting the personal data of Clients.
7. Rules of using and managing the Client’s Panel
- The User is granted access to the Client’s Panel via login and password obtained as a result of the registration on the Shop’s website. The login is the e-mail address defined by the User.
- The Seller is the Administrator of the Client's Panel.
- The User registered via the Shop’s website is granted access enabling the review and modification of data provided during the registration process.
- The User has the right to delete their account at any time. The account deletion will prevent the download of purchased content and execution of placed orders.
- The User should keep the Client’s Panel data confidential.
- The Seller reserves themselves the option to block temporarily the Client’s Panel or access to individual services rendered via the Shop, if:
- the account security is threatened,
- it is suspected that the account is used in breach of the law or these Regulations.
- The Seller reserves themselves the right to delete the blocked Client’s Panel after 30 days from the blocking day, if the Seller’s concern as to the account security or its suspected use in breach of the provisions of law or these Regulations do not cease to exist and the User fails to clarify the issue with the Seller.
- The Seller is obliged to submit their response to the User's stance on the issue referred to in item 7.6 of these Regulations by e-mail within 14 days.
8. Entering into the sale agreement
- The Shop enables the purchase of Goods via its website based on a relevant order placement procedure laid down in these Regulations.
- The Shop accepts on-line orders 24 hours a day and 7 days a week.
- The order placement is conditional on a confirmation that data displayed on the Client’s Panel are true.
- In order to place an order, the Client needs to select Goods at the Shop.
- By the time of approving Goods selected for purchase by the “Buy” button, the Client has the right to changes and modify the Goods listed in their order. The order approval by the Client by clicking on the “Buy" button is tantamount to the acceptance of an obligation to make a relevant payment for the Goods in line with a price specified on the Shop's website.
- Immediately after placing the order, the Client will be submitted the following information to the indicated e-mail address:
- placed order data,
- number of purchased Goods,
- total order value,
- payment and delivery terms,
- contact data of the Client and the Shop,
- complaint submission procedure,
- the Client’s right to withdraw from an agreement on the sale of Goods.
9. Delivery and receipt
- Goods in the form of a file with a licence and software to which the licence was granted are made available for download via the Internet on the Client's Panel after earlier logging into the Panel. Making Goods available in the manner specified above is deemed the performance of mutual obligations by the Shop.
- The order execution commences after the Client's payment has been booked by a selected payment system.
- The Client gives their consent to the Seller to commence immediately the performance of the obligations.
- The Client may download a VAT invoice for all purchased Goods. The invoice will be made available via the Client’s Panel in an electronic format (e-VAT invoice).
- The Client consents to the electronic submission of VAT invoices to the e-mail address displayed on the Client's Panel.
- Any statements referring to the acceptance, non-acceptance or conditions of accepting Goods referred to in item 11.5. of these Regulations should be submitted in an electronic format to the Seller's e-mail address.
10. Prices and payment methods
- The prices of Goods quoted on the Shop's website are binding.
- The Buyer makes a one-off payment for Goods. The above rule does not apply to the purchase of a special license for which regular payments may be charged depending on conditions agreed by the parties.
- The prices of Goods are denominated in EURO and represent the net value (excluding VAT). Any due taxes, in particular the VAT, will be added to the prices of Goods listed on the Shop’s website. The VAT rate will depend on the registered office, permanent place of residence or place of stay indicated by the Client. Before purchasing Goods, the Client will be informed about their total price.
- The Client may pay for Goods ordered at the Shop in the following manner: with the use of Internet payments, including payment and credit cards and also through the intermediation of settlement agents. The payment for ordered Goods needs to be made upfront.
- The Seller reserves itself the right to change the prices of Goods offered at the Shop. The changes of prices cannot violate the rights of Clients who have entered into sale agreements before introducing such changes.
- The available payment methods for the order are: PayPal.
- Payments are serviced by PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
11. Complaint procedure
- The Seller ensures that the software to which licenses are granted represents its property and that it was developed lawfully, except for cases when the Products comprise software which does not represent the copyright of the Seller.
- Complaints can be submitted by e-mail, including a description of a given defect in writing as well as a proof of purchase and defect of the Product in question. A complaint should include, in particular, detailed identification of the ordering client and a description of irregularities which occurred upon the provision of services. The Shop is obliged to process the complaint within 14 days from the date of its receipt. The Client will be informed about the manner of resolving the complaint by e-mail sent to the indicated address. The Client will receive information about the resolution of their complaint within 14 days from the day of registering the complaint notice in the ICT system (e-mail system).
- If Goods are defective, the Client will have the right to make the following claims pursuant to art. 55 of the Act on Copyright and Related Rights:
a) call upon the Seller to remove the defect.
After the ineffective lapse of the date set for eliminating the defect:
b) the Client may withdraw from the agreement,
c) the Client may demand an adequate reduction of the price.
Nevertheless, the author will retain their right to receive part of remuneration not higher than 25% of the agreed remuneration.
- If Goods have legal defects, the Client may withdraw from the agreement or claim the damage to be undone.
- The claims referred to in items 11.3. and 11.4. of these Regulations will expire upon the acceptance of Goods. If within one month after the delivery of Goods the Client does not inform the Seller about their acceptance, non-acceptance or conditioning the acceptance on making specific changes within the specific time limit set for this purpose, the Goods will be deemed as accepted without reservations.
- The Seller will not be liable for the Product’s defects resulting from its improper use, in particular, from modifications in software files and components, deleting its part or its incorporation into a larger work.
- Should a given complaint be rejected, the Client will be informed by e-mail about the absence of grounds for accepting the complaint by e-mail.
12. Return of Goods – withdrawal from the sale agreement
- The Client, being the consumer pursuant to the civil and consumer law, has the right to withdraw from the sale agreement without indicating reasons for their decision based on rules set out below.
- The right to withdraw from the agreement on the sale of Goods expires upon the delivery of the Goods in the manner indicated in item 9.1. of these Regulations and the Client consents to that.
- With a view to exercising their right to withdraw from the agreement, the Client should inform the Shop of their decision to withdraw from the agreement by sending an unambiguous statement of intent with the note “withdrawal from agreement" to the Shop’s e-mail address.
- After receiving the statement, the Shop will send a relevant confirmation to an e-mail address indicated by the Client.
- The time limit set for withdrawing from the agreement will be complied with, if the Client sends the statement before the expiration of the period envisaged for withdrawing from the agreement.
- Should the Client withdraw from the agreement, the Shop will be obliged to return to the Client all payments received from the latter. The funds should be returned immediately, however, no later than within 14 days from the date when the Shop received the Client’s statement on withdrawal from the agreement.
13. Electronic provision of services
- The Shop renders the following types of services by electronic means:
- option to register in the database of the Shop’s Clients and access the Client's Panel,
- option to enter into agreements on the sale of Goods on the terms and conditions set out in these Regulations,
- option to download the Product from the Shop's website via the Client's Panel.
- With a view to availing of electronic services rendered by the Shop, the Client needs to fulfil the following technical conditions:
a) have access to the Internet,
b) use the Internet browser enabling the edition of hypertext documents (e.g. Google Chrome, Mozilla FireFox, Internet Explorer, etc.),
c) have a correctly established e-mail account.
16. Final provisions
- Any disputes will be settled by the common court of venue for the Seller's registered office.
- These Regulations may be amended by the Seller at any time. The changes in these Regulations become effective upon their publication on the Shop's website. The Seller undertakes that amendments to these Regulations cannot infringe or restrict the rights earlier acquired by the Clients using the Shop.
- The prices of Goods offered by the Shop may be changed, however, such changes cannot infringe the rights of persons who have entered into agreements on the sale of Goods before the implementation of such changes.
- Relevant legal owners hold rights to trade marks, trade names, logos, combinations of verbal and graphic signs and they may have been published on the Shop’s website solely for information purposes.