Terms of service
SHOPINBIT - TERMS AND CONDITIONS OF ELECTRONIC SERVICE PROVISION
§ 1 Definitions
In these Terms and Conditions, capitalized terms shall mean:
a. "Customer" - a natural person or a legal person or an organisational
unit without legal personality, to which special regulations grant
legal capacity, who has concluded a contract with Shopinbit;
b.
"Consumer" - A customer who is an individual who makes a legal
transaction with an entrepreneur that is not directly related to his/her
business or professional activity;
c. "Account" - the individual Customer's panel, maintained within the Platform;
d. "Platform" - shopinbit.com;
e. "Individual Entrepreneur" - a natural person with a sole
proprietorship who enters into a contract directly related to his/her
business activity, if it is evident from the content of this contract
that it does not have a professional character for him/her, resulting
from the subject matter of his/her business activity, made available on
the basis of the CEIDG regulations;
f. "Goods" or "Goods" - a
product offered by the Seller via the Platform which may be the subject
of a Sales Contract concluded with a Customer.
g. "Sales
Contract" - a Distance Sales Contract concluded between the Customer and
the Seller, which is governed by the Terms and Conditions;
h. "Service" or "Services" - paid and unpaid services offered through the Platform;
i. "Seller" or "Shopinbit" - Shopinbit z o.o. with its registered
office in Kraków, al. Powstania Warszawskiego 15, 31-539 Kraków, entered
in the Register of Entrepreneurs maintained by the District Court for
Kraków-Śródmieście in Kraków, XI Economic Department of the National
Court Register under KRS number 0000932953, NIP 6751758344, REGON
520498747, being the owner of the Platform;
j. "Terms and
Conditions" - the contractual template for specific Services, which must
be accepted before ordering and using the Services.
§ 2 General Provisions
(1) The administration of personal data is carried out in accordance
with generally applicable laws and the Privacy Policy available on the
Platform.
(2) The Terms and Conditions shall be communicated to
the Customer before the conclusion of the contract and shall be made
available to the Customer at any time upon request. The Customer may
copy the text of the Terms and Conditions, save them or print them using
his/her device.
(3) The means of communication used for the
performance of the contract is electronic mail [e-mail], unless the
relevant provisions of the Terms and Conditions provide otherwise.
(4) The Customer may contact Shopinbit using the contact form available
on the Platform. For security reasons, Shopinbit reserves the right to
carry out a procedure to verify the identity of the Customer.
5.
Shopinbit will contact the Customer using the email address provided by
the Customer when concluding this agreement, unless the relevant Terms
and Conditions state otherwise.
§ 3 Minimum technical requirements
(1) The following equipment is required to use the Services:
a. a PC, smartphone, tablet or other device with a similar function;
b. an active internet connection;
c. current version of the web browser Firefox, Chrome, Safari or Microsoft Edge;
d. Adobe Flash Player plug-in installed and JavaScript, frames and CSS styles enabled,
e. active e-mail account.
(2) In order to use selected Services, it may be necessary to meet
additional technical requirements and to integrate the Service with
elements of the Customer's digital environment in order to ensure the
compatibility of the Service with the Customer's hardware or software,
of which the Customer is informed when placing an order or in the
relevant Terms and Conditions.
§ 4 Creation and maintenance of an Account; Newsletter
(1) Registration of an Account on the Platform is free of charge and consists of completing a registration form.
(2) During the registration process, the following must be provided:
first name, surname, email address and password, with which it will be
possible to log into the Account.
(3) An Account may not be transferred to another person.
(4) After completing the registration form, a message containing an
Account activation link will be sent to the e-mail address provided
during Registration. When the activation link is clicked, the agreement
for the provision of the Account maintenance service comes into effect.
(5) The Account Maintenance Agreement is concluded for an indefinite period.
(6) The user may cancel the account maintenance service at any time by
sending an e-mail to info@shopinbit.com. Shopinbit deletes the User's
account within 14 days of receipt of the message, which is equivalent to
termination of the Account Maintenance Agreement.
(7) Shopinbit
may terminate the Account Maintenance Agreement if the User violates
generally applicable law or the provisions of the Terms of Use.
Shopinbit may also delete the accounts of inactive Users, thereby
terminating the Account Maintenance Agreement.
(8) The
termination of the Account by Shopinbit may take place after Shopinbit
has sent a warning to the User in question about the possibility of
termination of the Account within a period of not less than 72 hours to
the e-mail address provided by the User in the registration process.
(9) From the moment of creation of the Account and acceptance of the Terms and Conditions, the User is obliged to:
a. to act in accordance with the rules arising from the Terms and Conditions,
b. to comply with generally applicable law,
c. to maintain the secrecy of individual data enabling logging into his Account,
d. refrain from introducing unlawful content to the Platform,
infringing the rights of third parties and intellectual property rights.
10. the Platform makes it possible to make use of the "Newsletter"
service, which consists of sending commercial and promotional
information to the Customer free of charge via electronic means. The
Customer subscribes to the service when he/she enters his/her e-mail
address and expresses his/her desire to receive messages by ticking the
appropriate box. The Customer may cancel the service at any time.
§ 5 Contract conclusion
(1) The Customer may conclude a Sales Contract with Shopinbit via the
Platform 24 hours a day, all days of the week, while orders are
processed on working days.
(2) To conclude a Contract of Sale and place an order, the Customer:
a. reads the description of the Goods or Services and their price, then clicks on the "add to cart" button.
b. validates the Goods in the shopping cart, selects the method of
payment, the country to which delivery takes place and the method of
payment;.
c. provides the contact details necessary for the
fulfilment of the Sales Contract or logs into his/her Account on the
Platform;
d. chooses the method of payment;
e. he/she confirms the conclusion of the Sales Contract by selecting the "Order with obligation to pay" button.
f. he/she should make the payment within a maximum of 7 days of receiving the e-mail confirming the order.
(3) The contact details necessary for the delivery of the order are:
name and surname, delivery address, city, postal code, telephone number,
e-mail address and, in the case of entrepreneurs or entities that are
not natural persons, also the data necessary for invoicing, i.e. VAT
number (VAT EU), company and registered office.
(4) The
Customer's obligations under the contract for the sale of goods shall
continue until the Customer has paid the total price for the goods and
delivery.
(5) If payment is not made within 7 days of receipt of
the e-mail confirming the order, the Customer will be informed by e-mail
or telephone of the need to make a payment and the additional time
limit for performance. Failure to make payment by the Customer, within
the additional period, results in cancellation of the order, of which
the Customer is informed by e-mail.
(6) The information referred
to in Article 12(1) of the Consumer Rights Act of 30 May 2014 will be
sent to the Customer at the email address used to place the order in a
message confirming the placement and content of the order placed by the
Customer.
(7) Shopinbit has the right to cancel an order placed
by a Customer who is not a Consumer (i.e. to withdraw from the Sales
Contract within the meaning of Article 395 of the Civil Code) up to 7
days after placing the order on the Platform. The cancellation of the
Sales Contract in this case may take place without stating any reason,
in particular when the order indicates that the Goods are being
purchased for the purpose of resale or the Customer gives rise to a
reasonable suspicion that he/she has obtained funds for the purchase of
the Goods in an unlawful manner. The withdrawal shall not give rise to
any claims on the part of the Customer who is not a Consumer against the
Seller.
§ 6 Payments
(1) The price for the Goods or
the provision of the Service is indicated in the description of the
Goods or the Service. It is expressed in Euro or other FIAT currency and
includes VAT.
2 The payment of the price for the provision of
the Service shall be made before the payment deadline indicated to the
Customer.
(3) Shopinbit reserves the right to change the prices
of the Goods and Services, but such change shall not affect the prices
of the Goods and Services ordered before the change.
4 The
payment methods available may vary depending on the Service or Goods
ordered and the amount of the order. The Seller reserves the right to
restrict the use of selected payment methods due to the amount of the
transaction for security reasons.
5 The Platform allows payment
by bank transfer, PayPal and Lightning Node. Other payment methods may
be made available to Customers in the Payment Terms.
6 Payments
should be made in Euros or one of the cryptocurrencies specified in the
Payment Terms. Shopinbit does not bear the risk of currency conversion
and additional fees or rejection of payments made in other currencies.
(7) In the event that the Service consists of delivery of goods to a
delivery location outside the customs territory of the European Union,
the Customer may have to pay other additional costs related to customs
duties as defined by the regulations of the country concerned.
(8) Shopinbit provides invoices by email.
(9) The date of payment shall be the date the funds are credited to the Seller's account.
(10) An entrepreneur who is a VAT taxpayer and who makes purchases in a
single transaction with a value exceeding PLN 15,000 of at least one of
the goods in items 59 - 66 of Appendix No. 15 to the Act on Value Added
Tax of March 11, 2004 (Journal of Laws No. 54, item 535, as amended) is
required to make a special settlement in the area of value added tax
(so-called split payment mechanism). The Customer should contact the
Seller in order to complete the transaction. The list of goods,
available for purchase on the Platform, which may affect the obligation
of the split payment mechanism is set out below:
a. 59 ex 26.11.30.0 Electronic integrated circuits - only processors
b. 60 26.20.1 Computers and other automatic data-processing machines
c. 61 ex 26.20.21.0 Memory units - only hard disk drives (HDD)
d. 62 ex 26.20.22.0 Semiconductor non-volatile storage devices - only SSDs
e. 63 ex 26.30.22.0 Mobile telephones for cellular or other wireless
networks - only mobile telephones, including smart phones
f.
64 ex 26.40.20.0 Television receivers, whether or not incorporating
radio broadcast receivers or sound or video recording or reproducing
apparatus
g. 65 ex 26.40.60.0 Video game consoles (of a kind
used with a television receiver or a self-contained screen) and other
games of skill or chance with an electronic display - excluding parts
and accessories
h. 66 26.70.13.0 Digital cameras and digital camcorders
i. 67 27.20.2 Electric accumulators and parts thereof
j. 94 ex 58.29.11.0 Operating system software package - SSD only
k. 95 ex 58.29.29.0 Other application software package - only solid state disk drives
l. 146 45.32.1 Retail sale of motor vehicle parts and accessories (excluding motorbikes) in specialised shops
m. 147 45.32.2 Other retail trade services of parts and accessories for motor vehicles, except motorbikes
n. 148 ex 45.40.10.0 Wholesale trade services of motorbikes and related
parts and accessories - only sale of motorbike parts and accessories
o. 149 ex 45.40.20.0 Retail sale of motorbikes and related parts and
accessories in specialised shops - only sale of motorbike parts and
accessories
p. 150 ex 45.40.30.0 Other retail sale of
motorbikes and related parts and accessories - only retail sale of
motorbike parts and accessories
§ 7 Delivery of goods
(1) Delivery is made via an external courier company.
2 Shopinbit is responsible for the goods until delivery to the Customer.
(3) Shopinbit is responsible for the delivery of goods that are free of defects and in accordance with the contract.
4 The cost of delivery is added to the price of the goods at the time
of order confirmation. The Customer has the right to verify the shipping
costs.
5 Shopinbit encourages the Customer to check the goods
received in the presence of a representative of the courier company,
which will facilitate the possible complaint procedure. This provision
does not limit in any way the Customer's right to make a complaint,
which can be made independently, without a representative of the courier
company.
(6) The Goods shall be delivered to the Customer within 30 days of receipt of the full price for the Goods and shipping.
7) If the Goods are not delivered to the Customer within 30 days after
the funds have been credited to the Shopinbit account, the Customer has
the right to withdraw from the contract or to agree with Shopinbit on a
new delivery date.
8 Due to EU national regulations and internal
regulations of non-EU countries, there may be restrictions on the
possibility of shipping certain categories of Goods to certain
countries. Please ensure that shipping of Goods to your country is
possible before making a purchase. Up-to-date information is available
under "Shipping and payments terms".
§ 8 Consumer's right of withdrawal
(1) The Consumer and the Individual Entrepreneur has the right to
withdraw from the contract with Shopinbit without giving any reason
within 14 days from the date of conclusion of the contract. Where the
contract involves the transfer of ownership of an item, the period
referred to in the preceding sentence shall run from the moment the item
is handed over to the Consumer or any other person designated by the
Consumer or the Individual Entrepreneur.
(2) In order to withdraw
from the contract, the Consumer or Individual Entrepreneur shall make a
declaration to that effect to Shopinbit. The Consumer may use the model
declaration for this purpose: "Being aware of the consequences of
withdrawing from the contract, I hereby declare that I withdraw from the
contract with Shopinbit sp. z o.o. concluded on [date]", whereby the
use of the model statement is not obligatory.
(3) The Seller is
obliged to refund the full price of the Goods, together with the price
of delivery of the Goods to the Customer (with the exception of the
costs resulting from the delivery method chosen by the Customer other
than the cheapest delivery method offered on the Platform) within 14
days of receipt of the notice of withdrawal from the contract.
(4) The Customer shall bear the costs of returning the Goods to the
Seller. For items that, due to their nature, cannot be returned by post,
the Consumer should contact Shopinbit to determine the cost of
returning the Goods.
5. the Seller shall refund the payment using
the same method of payment used by the Consumer or any other method the
parties have agreed on, provided that it does not involve additional
costs for the Consumer.
a. If payment is made by means of one
of the cryptocurrencies, the Consumer shall be refunded the value of
the goods in EURO as at the date of receipt of the consignment with the
returned goods.
(6) The consumer shall be liable for any
diminution in the value of the goods resulting from their use beyond
what is necessary to establish the nature, characteristics and
functioning of the goods.
(7) If the Consumer withdraws from the contract, the contract shall be deemed not to have been concluded.
(8) If the Consumer or Individual Entrepreneur has made a declaration
of withdrawal from the Sales Contract before the Seller has commenced
performance of the order, the Contract shall cease to be binding.
(9) The consumer shall not be entitled to withdraw from the Contract in
the cases specified in detail in Article 38(1) of the Consumer Rights
Act of 30 May 2014, in particular:
a. in which the object of the performance is goods that are perishable or have a short shelf life;
b. in which the subject of performance is goods supplied in sealed
packaging which cannot be returned after opening the packaging for
health or hygiene reasons, if the packaging has been opened after
delivery;
c. in which the object of the performance is goods
which, after delivery, by their nature become inseparable from other
goods;
d. in which the subject of the performance is sound or
visual recordings or computer programs delivered in sealed packaging, if
the packaging has been opened after delivery.
§ 9 Obligations of the Customer
The Customer is obliged to:
a. use the Platform in accordance with its purpose and the Terms and Conditions;
b. comply with generally applicable legislation when using the Services and the Platform;
c. refrain from providing content of an unlawful nature;
d. refrain from actions that could negatively affect Shopinbit or Shopinbit's IT systems;
e. to make timely payments for the Services;
f. to provide true and correct personal information in order to place an order and use the Service;
g. to use the legal version of the software supported and authorised by the software manufacturer;
h. to cover any tax or customs fees related to the purchase of the
Goods and their dispatch outside the customs territory of the EU
resulting from the national legislation of the countries not belonging
to the customs territory of the European Union.
§ 10 Obligations and liability of the Seller
(1) Shopinbit is obliged to provide the Services and deliver the Goods
in accordance with the contract and with due diligence.
(2) In
the event of non-conformity of the Goods with the contract, the Consumer
and the Individual Entrepreneur shall have the rights set out in
Chapter 5A of the Act of 30 May 2014 on Consumer Rights, and in the
event of non-conformity of the Service with the contract, the rights set
out in Chapter 5B of the Act of 30 May 2014 on Consumer Rights.
(3) In connection with the Services provided, Shopinbit shall not be liable for:
a. permanent or temporary and unexpected failures of the Platform
caused by a hacking attack, fortuitous circumstances, natural disasters
or force majeure;
b. the Customer's lost profits [the
provision does not apply to a contract concluded with a Consumer or an
Individual Entrepreneur];
c. the consequences of improper use of the Service by the Customer or its representatives;
§ 11 Liability and Complaints
(1) Shopinbit shall, in accordance with the applicable legislation, be
liable to Consumers and Individual Entrepreneurs for physical or legal
defects in the Goods purchased on the Platform.
(2) If the Goods
are not in conformity with the contract, the Consumer or Individual
Entrepreneur may request their repair or replacement. Shopinbit may
carry out a replacement when the Buyer requests a repair, or Shopinbit
may carry out a repair when the Buyer requests a replacement if bringing
the Goods into conformity with the contract in the manner chosen by the
Buyer is impossible or would require excessive costs for Shopinbit. If
repair and replacement are impossible or would require excessive costs
for Shopinbit, Shopinbit may refuse to bring the Goods into conformity
with the contract.
(3) If the Goods are not in conformity with
the contract, the Consumer or the Individual Entrepreneur may make a
declaration to reduce the price or to withdraw from the contract in the
cases specified in Article 43e, paragraph 1 of the Act of 30 May 2014 on
Consumer Rights and under the rules set out in this provision.
(6) A complaint concerning non-performance or improper performance of
the Service or defects in the Goods shall be made by sending an email
and shall include:
a. The Customer's contact details for identification and communication;
b. information on the Service or Goods to which the complaint relates and the objections to the Service;
c. a description of the circumstances justifying the complaint;
d. the Customer's demands related to the complaint.
5. the Customer should send the complained goods to the Seller, having
previously agreed the method of shipment to the address Kaszubska 52,
70-226 Szczecin. The Customer shall not bear the costs of transport of
the claimed goods.
(6) A properly filed complaint will be
considered within 14 days of its receipt by Shopinbit (or within 14 days
of receipt of the Goods subject to complaint). Shopinbit will respond
to the complaint within the specified period, indicating whether it
acknowledges the complaint (and how it intends to deal with it) or
whether it does not acknowledge the complaint (together with the reasons
for its position).
(7) If the Seller does not respond to the
Consumer's or Individual Entrepreneur's request within 14 days, it means
that the Seller has acknowledged the request as justified.
(8)
The Seller reserves the right to extend the period referred to in
paragraphs 6 and 7 above by 7 days in case of the need to clarify
additional circumstances, in particular related to services provided to
Shopinbit by third parties [this provision does not apply to the
contract concluded with the Consumer or Individual Entrepreneur].
(9) The Seller immediately after considering the complaint, and no
longer than within 14 days, undertakes to replace the product with a new
one, repair the defect or refund the costs agreed with the Customer.
(11) If the complaint is not accepted, the goods will be sent back to
the Customer with the reasons for rejection of the complaint and
information on a fixed medium (e-mail or information sent by post)
whether the Seller agrees to settle the dispute out of court.
§ 12 Jurisdiction and dispute resolution
In matters not regulated by the Terms and Conditions the laws of the
Republic of Poland shall apply. In the case of Customers who are
Consumers, the choice of law shall not deprive them of the protection
afforded to them under provisions that cannot be excluded by the
contract under the law of the country in which the Consumer has his/her
habitual residence.
(2) The Consumer shall have the right to make
use of out-of-court means of handling complaints and pursuing claims,
including, inter alia, the right to apply to a permanent amicable
consumer court to resolve a dispute arising from the concluded contract.
(3) In case of disputes, Shopinbit suggests the use of amicable methods
for their resolution, in particular through the platform
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL.
(4) Detailed information on out-of-court means of redress is available on the website at https://uokik.gov.pl.
(5) Shopinbit declares that it does not apply the code of good
practices referred to in the Act of 23 August 2007 on counteracting
unfair market practices.
(6) For the avoidance of doubt, it is
assumed that the place of provision of the Service is the Republic of
Poland [this provision does not apply to the agreement concluded with
the Consumer].
(7) Any possible litigation shall be subject to
the jurisdiction of the court having jurisdiction over Shopinbit [this
provision does not apply to an agreement concluded with a Consumer or an
Individual Entrepreneur].
§ 13 Final Provisions
1 The Terms and Conditions in the version valid as of 17.01.2023.
(2) In the event that any provision of the Terms and Conditions should
prove invalid, ineffective, illegal or unenforceable in whole or in
part, this circumstance shall not affect the validity of the remaining
provisions of the Terms and Conditions.
(3) Shopinbit reserves
the right to make changes to the Terms and Conditions for important
reasons [such as, but not limited to, changes in the law, changes in the
business model of the Seller, changes in the technical specifications
for the provision of the Service, changes in the terms and conditions
for the provision of services to Shopinbit by third parties that are
necessary for the provision of services by Shopinbit, changes in the
offer of services provided], after informing the Customer by e-mail.
Amendments to the provisions of the Terms and Conditions shall come into
force on the date indicated in the e-mail, but not earlier than 14 days
after the Customers have been informed by e-mail about the new
provisions.
(4) Changes to the name of the Seller and changes
resulting from changes in the law that do not affect the nature, manner
and quality of performance of services shall not constitute an amendment
to the contract.