Terms & Conditions
SHOPINBIT - TERMS AND CONDITIONS OF PROVIDING SERVICES BY ELECTRONIC MEANS
§ 1 Definitions
In these Terms and Conditions, capitalized terms shall mean:
a. "Client" - a natural person or a legal person or an organizational unit without legal personality, to which special regulations assign legal capacity, who has entered into an agreement 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" - an individual Customer panel maintained within the Platform;
d. "Platform" - www.shopinbit.com;
e. "Individual Entrepreneur" - a natural person running a sole proprietorship, who enters into an agreement directly related to his/her business activity, if it is clear from the content of this agreement 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 CEIDG regulations;
f. "Goods" - a product or products offered by the Seller via the Platform that may be the subject of a Sales Agreement concluded with a Customer.
g. "Sales Agreement" - 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 via the Platform;
i. "Seller" or "Shopinbit" - Shopinbit z o.o. with its registered office in Kraków, al. Powstania Warszawskiego 15, 31-539 Kraków, entered into the Register of Entrepreneurs maintained by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Department of the National Court Register under KRS number 0000932953, NIP 6751758344, REGON 520498747, the owner of the Platform;
j. " Terms and Conditions "- the contractual model for specific Services, which must be accepted before ordering and using the Services.
§ 2 General provisions
2. The Terms and Conditions are communicated to the Customer before the conclusion of the contract and are available to the Customer at any time upon request. The Customer may copy the text of the Terms and Conditions, save it or print it out, using their device.
3. The means of communication used to perform the contract is an 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 an identity verification procedure of the Customer.
5. Shopinbit will contact the Customer using the email address provided by the Customer when entering into this Agreement, unless otherwise provided in the relevant Terms and Conditions.
§ 3 Minimum technical requirements
1. The following equipment is required for the correct functions of the Services:
a. a PC, smartphone, tablet or other device that performs a similar function;
b. active internet connection;
c. current version of the Firefox, Chrome, Safari or Microsoft Edge web browser;
e. active e-mail account.
2. Using selected Services may require meeting additional technical requirements, of which the Customer is informed when placing an order or in the relevant Terms and Conditions.
§ 4 Creating and maintaining an Account; Newsletter
1. Account registration on the Platform is free and consists of filling out the registration form.
2. During the registration process you will be required to provide: name, surname, email address and password, which will be used to log in to the Account.
3. An Account cannot be transferred to another person.
4. After completing the registration form, a message with a link activating the Account will be sent to the email address provided during the Registration. Upon clicking on the activation link, an agreement of the Account maintenance service comes into effect.
5. Account maintenance agreement is concluded for an indefinite period of time.
6. The User may cancel the Account maintenance service at any time by sending an email to firstname.lastname@example.org. Shopinbit will delete the User's account within 14 days of receiving the message, which is equivalent to the termination of the Account maintenance agreement.
7. Shopinbit may terminate the Account maintenance agreement if the User violates the generally applicable law or the provisions of the Terms and Conditions.
8. Account may be terminated by Shopinbit after Shopinbit sends a warning to the User about the possibility of Account termination within no less than 72 hours to the email address provided by the User during the registration process.
9. From the moment of creating an Account and accepting the Terms and Conditions, the User is obliged to:
a. act in accordance with the rules resulting from the Terms and Conditions,
b. to comply with the generally applicable law,
c. to keep in secret the data enabling the logging into his/her Account,
d. refrain from introducing to the Platform any unlawful content that violates the rights of third parties or intellectual property rights.
10. The Platform allows the Customer to use the "Newsletter" Service, which consists of a free-of-charge electronic transmission of commercial and promotional information to the Customer. The Customer subscribes to the service at the moment of providing an email address and expressing a desire to receive messages by ticking the appropriate check box. The Customer may resign from the service at any time.
§ 5 Conclusion of the Agreement
1. The Customer may enter into the Sales Agreement with Shopinbit via the Platform 24 hours a day, 7 days a week, while the execution of orders takes place on business days.
2. To conclude the Sales Agreement and place an order, the Customer should:
a. read the description of the Goods or Services and their price, then click on the "add to cart" button;
b. validate the Goods in the shopping cart, choose the method of payment, the country to which the delivery takes place and the method of payment;
c. provide the contact details necessary to execute the Sales Agreement or logs in to his/her Account on the Platform;
d. choose the method of payment;
e. confirm the conclusion of the Sales Agreement by selecting the button "Order with obligation to pay".
f. make payment within a maximum of 7 days of receiving the email 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 issuing an invoice, so the Tax Identification Number (VAT EU), name and registered office.
4. Customer obligations under the agreement for the sale of goods are binding until a payment of the total price of goods and delivery.
5. If the payment is not made within 7 days of receipt of an e-mail confirming the order, the Customer will be informed by e-mail or telephone to make the payment and an additional deadline for the fulfilment of payment. Failure to make payment within the additional period results in cancellation of the order, of which the Customer is informed by email.
6. The information referred to in Article 12(1) of the Act of 30 May 2014 on consumer rights will be sent to the Customer to 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 Non-Customer (i.e. to withdraw from the Sales Contract as defined in Article 395 of the Civil Code) up to 7 days after placing the order on the Platform. The cancellation of the Sales Agreement in this case may take place without giving any reason, in particular if the order indicates that the Goods are purchased for resale or the Customer has a justified suspicion that he/she has obtained funds for the purchase of goods in an unlawful manner. Withdrawal does not give rise to any claims on the part of the non-consumer Client against the Seller.
§ 6 Payments
1. The price for the Goods or Services is specified in the description of the Goods or Services. It is expressed in Euro or another FIAT currency and includes VAT.
2. Payment of the price for the provision of the Service should be made before the due date indicated to the Customer.
3. Shopinbit reserves the right to change the prices of Goods and Services, but such change shall not affect the prices of Goods and Services ordered before the change.
4. Payment methods available may vary depending on the Service or Goods ordered and the amount of the order. Seller reserves the right to limit the use of selected payment methods due to the amount of the transaction for security reasons.
5. The Platform allows payment via bank transfer, PayPal and Lightning Node. Other payment methods may be made available to Customers in the terms of payment.
6. Payments should be made in Euros or one of the cryptocurrencies specified in the terms of payment Terms. Shopinbit does not bear the risks of currency conversions and additional fees or rejection of payments made in other currencies.
7. In the event that the Service involves delivery to a location outside the customs territory of the European Union, the Customer may have to pay other additional costs related to customs fees as defined by the regulations of the country concerned.
8. Shopinbit provides invoices by email.
9. The date of payment shall be the date of receipt of funds into the account of the Seller.
10. Entrepreneur who is a VAT taxpayer, who will purchase in a single transaction with a value exceeding the amount of PLN 15,000 (ca. EUR 3300) 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 transfer in the area of value added tax (so-called mechanism of split payment). The Client should contact the Seller in order to complete the transaction. The list of goods, available for purchase on the Platform, that may trigger the obligation of the split payment mechanism is provided below:
a. Electronic integrated circuits - only processors;
b. Computers and other automatic data-processing machines;
c. Memory units - only hard disk drives (HDD);
d. Solid state non-volatile storage devices - only solid state drives;
e. Telephones for cellular or other wireless networks - only cell phones including smart phones;
f. Television receivers, whether or not incorporating radio broadcast receivers or sound or video recording or reproducing apparatus;
g. Video game consoles (of a kind used with a television receiver or a self-contained screen) and other machines for games of skill or chance with an electronic display - excluding parts and accessories;
h. Digital cameras and digital camcorders;
i. Electric accumulators and parts thereof;
j. Operating system software package - only solid state drives;
k. Other application software - only solid state drives;
l. Retail sale of parts and accessories of motor vehicles (excluding motorcycles) in specialised stores;
m. Other retail trade services of parts and accessories of motor vehicles, except motorcycles;
n. Wholesale trade services of motorcycles and related parts and accessories - only motorcycle parts and accessories;
o. Retail trade services in specialised stores of motorcycles and related parts and accessories - only motorcycle parts and accessories;
p. Other retail trade services of motorcycles and related parts and accessories - only motorcycle parts and accessories;
§ 7 Delivery of goods
1. Delivery is carried out by an external delivery company.
2. Shopinbit is responsible for the goods until they are delivered to the Customer.
3. Shopinbit is responsible for delivery of goods without defects.
4. The cost of delivery shall be added to the price of the goods at the time of confirmation of the order. Customer has the right to verify shipping costs.
5. Shopinbit encourages Customer to examine the goods received in the presence of a delivery company representative, which will facilitate the potential complaint procedure. This provision does not in any way limit the Customer's right to file a complaint, which can be filed independently, without a representative of the courier company.
6. The goods should be delivered to the Customer within 30 days from the date of receipt of full payment 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 shall have the right to withdraw from the contract or arrange a new delivery date with Shopinbit.
8. Due to EU national regulations and internal regulations of non-EU countries, there may be restrictions on the ability to ship certain categories of Goods to certain countries. Before making a purchase, please make sure that shipping of Goods is possible to your country. For up-to-date information, see "Shipping and payment terms".
§ 8 Consumer's and Individual Entrepreneurs right to withdraw from the contract
1. The Consumer and Individual Entrepreneur have the right to withdraw from the contract with Shopinbit without giving any reason within 14 days of its conclusion. Where the contract involves the transfer of ownership of the item, the period referred to in the previous sentence runs from the date of delivery of the item to the Consumer or other person designated by him or the Individual Entrepreneur.
2. In order to withdraw from the contract, the Consumer or the Individual Entrepreneur should make an appropriate statement to Shopinbit. The Consumer or the Individual Entrepreneur may use the template statement 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]", while the use of the template statement is not mandatory.
3. The Seller is obliged, within 14 days of receipt of information about withdrawal from the contract, to return the full price of the goods, together with the price of delivery of the Goods to the Consumer or the Individual Entrepreneur (except for costs arising from the method of delivery chosen by the Client other than the cheapest method of delivery offered on the Platform).
4. The Customer or the Individual Entrepreneur 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 or the Individual Entrepreneur 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 the Individual Entrepreneur or another method that 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 or the Individual Entrepreneur shall receive a refund in the amount corresponding to the value of the goods in EURO on the date of receipt of the package with the returned goods.
6. The Consumer or the Individual Entrepreneur is responsible for any diminution in the value of the goods resulting from its use to a greater extent than is necessary to determine the nature, characteristics and functioning of the goods.
7. In the case of withdrawal by the Consumer, the Agreement shall be considered as not concluded.
8. If the Consumer or Individual Entrepreneur made a statement of withdrawal from the sales contract before the Seller began implementation of the contract, the contract ceases to be binding.
9. The right to withdraw from the contract does not apply to the consumer in the cases specified in detail in Article 38 (1) of the Act of 30 May 2014 on consumer rights, in particular:
a. in which the object of performance is an item that deteriorates quickly or has a short shelf life;
b. in which the subject matter of the performance is an item delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;
c. in which the subject matter of the performance are things, which after the delivery, due to their nature, are inseparably connected with other things;
d. in which the subject of performance are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery.
§ 9 Obligations of the Client
The Client is obliged to:
1. use the Platform in accordance with its intended purpose and the Terms and Conditions;
2. comply with generally applicable law when using the Services and the Platform;
3. refrain from providing content of an unlawful nature;
4. refrain from actions that could adversely affect Shopinbit or Shopinbit's IT systems;
5. make timely payments for the Services;
6. to provide true and correct personal information in order to place an order and use the Service;
7. to use a legal version of the software supported and authorized by the software manufacturer;
8. to cover all tax or customs fees related to the purchase of Goods and their shipment outside the customs territory of the EU, resulting from the national legislation of countries not belonging to the customs territory of the European Union.
§ 10 Obligations and liability of the Seller
1. Shopinbit is obliged to provide Services with due care.
2. In connection with the Services provided, Shopinbit shall not be liable for:
a. permanent or temporary and unexpected failures of the Platform due to a hacking attack, unforeseen circumstances, natural disasters or force majeure;
b. the Customer's lost profits [the provision does not apply to an agreement concluded with a Consumer or Individual Entrepeneur];
c. consequences of improper use of the Service by the Customer or its representatives;
§ 11 Warranty and Claims
1. Shopinbit, in accordance with applicable law, provides Consumers and Individual Entrepreneurs a two-year warranty for physical or legal defects of the goods purchased on the Platform.
2. The Consumer and the Individual Entrepreneur within one year from the discovery of non-conformity of the goods with the Contract has the right to demand a reduction in price or withdraw from the contract, if the defect is significant, if he reports the non-conformity to Shopinbit, unless Shopinbit immediately and without excessive inconvenience to the Customer removes the defect or replaces the product with a defect-free one. This limitation does not apply if the goods have already been replaced or repaired, or the Seller has not replaced the product with a defect-free product, or this defect has not been removed.
3. The Seller may refuse to satisfy the Client's request if bringing the defective Goods into conformity with the Sales Agreement in a manner selected by the Client is impossible or in comparison with other possible ways to bring them into conformity with the Sales Agreement would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
4. Complaint concerning non-performance or improper performance of the Service or defects in the Goods shall be submitted by sending an e-mail message and shall include:
a. contact details of the Client, enabling its identification and communication;
b. information about the Service or Goods, which the complaint refers to and objections concerning the Service;
c. description of circumstances justifying the complaint;
d. the Client's requirements related to the complaint.
5. The Customer shall send the complained goods to the Seller, after prior arrangement of shipping to the address Kaszubska 52, 70-226 Szczecin. The Customer shall not bear the costs associated with the transportation of the advertised goods. 3.
6. Properly filed claim will be processed within 14 days from the date of its receipt by Shopinbit (or within 14 days from receipt of goods subject to warranty). Shopinbit shall respond to the complaint within the specified period, indicating whether it acknowledges the complaint (and how it intends to implement it) or does not acknowledge the complaint (together with the reasons for its position).
7. If within 14 days the Seller will not respond to the request of the Consumer or individual entrepreneur, it means that he recognized the claim as justified.
8. Seller reserves the right to extend the time limit referred to in paragraphs 2 and 3 above for 7 days in case of a need to clarify additional circumstances, in particular related to the 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 is obliged to replace the product with a new one, repair the defect or refund the costs agreed with the Customer.
10. In the case of removal of defects or replacement of goods for a new one the course of warranty begins at the time of delivery of repaired or replaced goods to the Consumer.
11. If the complaint is not recognized, the goods will be returned to the Customer with the justification for rejecting the complaint and information on a permanent information carrier (e-mail or information sent by post) whether the Seller agrees to out-of-court dispute resolution.
§ 12 Jurisdiction and dispute resolution
1. In matters not regulated by the Terms and Conditions the laws of the Republic of Poland shall apply. In the case of Clients who are Consumers, the choice of law does not deprive them of the protection afforded by the provisions that cannot be excluded by the contract under the law of the country in which the Consumer has his usual residence.
2. The Consumer shall have the right to use out-of-court complaint and claim procedures, including, but not limited to, the right to apply to a regular consumer arbitration tribunal with a request to settle a dispute arising from the contract.
3. In the event of disputes Shopinbit suggests using amicable methods of 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 settlement methods are available on the website at https://uokik.gov.pl.
5. Shopinbit declares that it does not apply the code of good practice 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 providing services is the Republic of Poland [this provision does not apply to the contract concluded with the Consumer].
7. Any disputes shall be subject to the jurisdiction of the competent court for 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 shall come into force on 29.05.2022.
2. In the event that any of the provisions of the Terms and Conditions should prove invalid, ineffective, illegal or unenforceable in whole or in part, this circumstance does not affect the validity of the remaining provisions of the Term 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 to the business model of the Seller, changes to the technical specifications for the provision of the Service, changes to the terms and conditions for the provision of services to Shopinbit by third parties that are necessary for the implementation of services by Shopinbit, changes to the range of services provided], after prior notification to the Customer by email. Changes in the provisions of the Terms and Conditions come into force on the date indicated in the e-mail, but not earlier than 14 days after informing the Customers by e-mail about the new provisions.
4. Change the name of the Seller and changes resulting from changes in the law, which do not affect the nature, manner and quality of service, do not constitute an amendment to the contract.