Terms and conditions of the website nkode.io
§ 1 Introduction
- These Regulations hereinafter referred to as the “Regulations”, set out the rules for the use of the online store located at the URL https://nkode.io/, hereinafter referred to as the “Store” or the Service.
- the Service is operated by the Foundation Academic Business Incubator with its registered office in 03-901 Warsaw, al. Ks. Poniatowskiego 1, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Business Department. Warszawy in Warsaw, XII Economic Department of the National Court Register, under KRS number 0000199402, holding tax identification number NIP 524-24-95-143 under which StartUp called AlphaMedia operated by Michael Zaborniak under the AIP Program, (hereinafter referred to as “Administrator”, Seller or “Service Provider” or “Organizer”).
- The Address mailing address – email@example.com
- Each person, before using the Store, should become familiar with its Regulations.
- Making purchases in the Store requires the Customer to have an active and working email account.
§2 General provisions
- Through the Store is conducted distance sales via the Internet of pdf files /ebooks from https://nkode.io (hereinafter referred to as “Information Files”);
- Along with the sale and purchase of Files with Information, a License (hereinafter: “License”) is granted, which defines the rights and obligations of the person using Files with Information (hereinafter: “Buyer” or “Service Recipient” or “User”).
- The creator and administrator of the Information Files is Michael Zaborniak
- The license to use the Information Files shall be granted after the purchase of the Information Files by the Service Recipient.
- The license to the Information Files is granted for non-commercial use under the terms of these Terms and Conditions.
§3 Principles of purchasing Files with Information
- Information provided on the Website, including information about the Files with Information, constitutes an invitation to conclude an agreement, within the meaning of Article 71 of the Civil Code.
- The Store, before confirming the purchase, shall provide the Buyer with the following information:
- The exact description of the Files with Information and its features.
- the total price for the Information Files and a summary of the total order amount;
- concerning the method and date of payment
- how to download the Files or information on how to make them available.
- Making a purchase of Files with Information requires registration in the Store by the Buyer.
- Placing an order is done by means of a form, available on the Store website after pressing the button – “Order with obligation to pay” in the summary of the shopping cart, in which the Buyer provides the following data:
- Name and surname or company name
- Email address
- Phone number
- The Buyer places an order after reading the information specified in the content of the Rules of the store and the information indicated in paragraph 2 of this section, which will be displayed electronically in the last step of filling out the electronic form preceding the expression of intent to be bound by the contract by clicking on the “I order with obligation to pay” button. After reading the accumulated information specified for the Customer’s order, the Customer expresses his or her willingness to be bound by the contract by clicking the “I order with obligation to pay” button.
- All prices displayed on the Store’s pages are in Polish zloty and include VAT. The price displayed in the basket summary.
- An order is considered accepted for execution after the Store confirms the acceptance of the order placed by the Customer.
- Confirmation of order acceptance is sent automatically after the order is placed by the Customer;
- the Store may withhold acceptance of an order if it has doubts about the veracity or reliability of the data indicated by the Customer in the registration form. In this case, the Store will immediately contact the Customer in order to clarify the doubts in question.
- The Store accepts the following methods of payment:
- Traditional transfer;
- Payment by TPay;
- The time limit for payment is 7 days from the date of order.
- The contract is considered to be concluded upon confirmation of acceptance of the order and payment by the Customer.
- The Store undertakes to provide a link to download the Information Files at the conclusion of the contract.
- Along with the Files with Information, the Store sends an information form (instruction on withdrawal from the contract) and a form on withdrawal from the contract – the forms are attached as Appendix 1 and 2 to these Regulations.
- A receipt confirming the purchase is sent along with the Product. At the request of the Customer, a VAT invoice is issued. The Customer is obliged to provide complete data necessary for the proper issuance of a VAT invoice:
- Address of residence/site,
- NIP number (for companies), PESEL number (individuals),
- Order number,
- Mailing address
- Each customer who registers and/or makes an order agrees to receive information at the email address provided by the customer: related to the progress of the transaction and notifications of changes to these Terms and Conditions.
- Other information relating to the operation of the Service, as well as containing commercial information about new products or services of the Service, about promotions of the Service, and promoting products of the Administrator’s partners will be sent only to those Customers who have given their consent.
§4 Copyright Reservations
- All intellectual property rights concerning the Information Files are the property of their Creator and are protected by the relevant copyright laws.
- The Service Provider is entitled from the license to the Information Files, granted by the Creator, to market the Information Files under the terms of the provisions of this License.
- All rights granted under this License are acquired exclusively by the User.
- the User is obliged to respect the copyrights of the Creator of the Information Files and the Service Provider. The Creator of the Information Files retains on an exclusive basis all titles, copyrights and other rights with respect to the Information Files.
§5 Licensing – general provisions
- The Service Provider, upon purchase of the Information Files, grants the User the non-transferable and exclusive right to use for the User’s own needs (non-commercial use) the Information Files, without the right to: reproduce, modify or any other elements of the Information Files, distribute, rent, lease or assign the rights from this agreement, use for purposes other than their intended use.
- The term for which the License to the Information Files is granted to the User shall be indefinite, except in the case of the User’s withdrawal from their purchase.
- Subject to the provisions of the Law on Copyright and Related Rights, the User shall not be entitled to:
- sublicense, sell, lease or lend the Information Files or otherwise transfer the rights under the License to a third party;
- distribute the Information Files without the written authorization of such distribution by the Creator or the Service Provider;
- reproduce, permanently or temporarily, the Information Files in whole or in part by any means in any form;
- modify, translate, adapt the Information Files, change the layout of the Information Files, or make any other changes to the Information Files;
- create any derivative works based on the Information Files.
§6 Technical Requirements
- For proper and uninterrupted use of the Store, the Customer’s station/terminal device should meet the following minimum technical requirements:
- active Internet connection,
- Processor 1.1MHz or higher parameters, memory at least 2GB. ,
- Operating system at least macOS Sierra, Windows8 or later
- enabled acceptance of cookies and Java Scripts.
- In order to properly download the Information Files and use them without interruption, the User’s workstation must meet the following minimum technical requirements:
- 100MB of free memory
- The store is not obliged to provide the above equipment and/or software.
- The installation of the software referred to in paragraph 1 is subject to a separate license agreement between the Customer and the licensor.
- the Store’s website is adjusted to the screen resolution 1920x1080px
- In terms of complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended) and the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item . 827 of June 24, 2014).
- The store is liable to the Customer under the warranty if the sold thing, i.e. Information Files, has a physical or legal defect. A physical defect consists in the non-compliance of the sold thing with the contract. In particular, the sold thing (goods) is inconsistent with the contract if:
- does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
- does not have the properties, the existence of which the Store assured the Customer, including by presenting a sample or model;
- is not suitable for the purpose about which the Customer informed the Store at the conclusion of the contract, and the Store has not raised any objection to such purpose;
- has been given to the Customer in an incomplete condition.
- Complaints about ordered goods may be submitted by e-mail to firstname.lastname@example.org
- When filing a complaint, please provide the following data: name and surname of the Customer, address, data allowing identification of the sale (e.g. login, order number, date of transaction), subject and reason for the complaint, and contact information.
- Determining the manner of the fulfillment of the Store’s obligations in the scope of the reported complaint about the occurrence of physical or legal defects in the item, the Customer, who is a consumer, has the right to make a statement of price reduction or withdrawal from the contract, unless the Store immediately and without excessive inconvenience for the Customer will replace the defective item with a defect-free one or remove the defect. This restriction does not apply if the thing has already been replaced or repaired by the seller (the Store) or the Store has failed to comply with the obligation to replace the thing with a defect-free or remove the defect.
- If the Customer is a Consumer, he may, instead of the removal of the defect proposed by the Shop, demand the replacement of the thing for a defect-free one or, instead of replacing the thing, demand the removal of the defect, unless bringing the thing into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Shop. When assessing the excessiveness of the costs, the value of the defect-free item, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Customer.
- The reduced price shall remain in such proportion to the price under the contract as the value of the thing with the defect remains to the value of the thing without the defect.
- The customer may not withdraw from the contract if the defect is insignificant.
- Complaints submitted by the customer will be considered within 14 days of their submission. Failure to make a statement within this period shall be considered recognition of the claims made by the Customer.
- The Client will be notified of the resolution of the reported complaint by the same means by which the complaint was sent, unless the Client stipulates another form of contact. Resolution of the complaint will additionally be sent electronically to the e-mail address indicated by the Client.
- If the complaint is resolved positively, the Store shall send to the Customer the Goods free of defects or with the defect removed within a reasonable time. If repair or replacement with a new product is not possible for the reasons indicated in paragraphs 5 and 6, the Store according to the alternative request submitted by the Customer – will reduce the price or return the equivalent of the price of the product, plus shipping costs.
§8 Withdrawal from the agreement
- In accordance with the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827), the Customer who is a consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of issue of the item, i.e. from the moment when the Customer took possession of the item , or when a third party other than the carrier indicated by the Customer took possession of the item. To maintain the fourteen-day period referred to in paragraph 1, it is sufficient to send a statement of withdrawal before its expiration. The declaration can be made on a form, the template of which is provided at the URL https://nkode.io/ and will be attached by the Store in hard copy to the shipment of the product. The use of the said form is optional.
- In accordance with Article 38 of the Law on Consumer Rights, the right of withdrawal from a contract concluded at a distance, in accordance with the Law, is not available to the consumer in cases:
- for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market, over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;
- in which the subject of the performance is a non-refabricated thing, produced to the consumer’s specifications or serving to meet his individualized needs;
- in which the subject of the performance is an item that is perishable or has a short shelf life;
- in which the subject of the performance is an item delivered in a sealed package, which after opening the package cannot be returned́ for health or hygienic reasons, if the package has been opened after delivery;
- in which the subject of the performance are things that after delivery, due to their nature, become inseparable from other things;
- in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and the delivery of which can only take placé after 30 days and the value of which́ depends on fluctuationś on the market, over which the entrepreneur has no control;
- in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides additional services other than those requested by the consumer, or provides things other thaṅ spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
- in which the subject of performance is̨ sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; for the supply of newspapers, periodicals or magazines, except for a subscription contract̨;
- concluded through a public auction;
- for the provision of services in the field of accommodation, other than for residential purposes, carriage of goods, rental of self-carriages, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the daý or the period of performance of the service;
- for the provision of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him̨ of the loss of the right of withdrawal.
- The Seller hereby informs the Buyer that in the event of payment and delivery of the Information Files to the Buyer, the Buyer shall lose the right to withdraw from the contract pursuant to § 8(2)(b) of these Regulations.
- In the event of withdrawal from this contract, the Customer shall be refunded all payments received from him, including covering), immediately, and in any case no later than 14 days from the date on which the Store was informed of the decision of the Customer to exercise his right of withdrawal from the contract with the Store.
- The Store shall return the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
§9 General provisions
- The provisions of these Regulations are not intended to exclude or limit any of the rights of the Customer who is also a Consumer to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, those provisions shall prevail.
- In matters not regulated by these Regulations, the provisions of Polish law shall apply, including in particular the Act of May 30, 2014 on Consumer Rights(Journal of Laws 2014 item . 827 of June 24, 2014) and the Act of April 23, 1964. – Civil Code (Journal of Laws 1964 no. 16 item 93 as amended).
- Information on the possibility of the Customer who is consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available at the offices and on the websites of the district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:
- A customer who is a consumer has, among other things, the following options for using out-of-court means of handling complaints and pursuing claims:
- Permanent amicable consumer court operating at the Trade Inspection- the possibility of requesting the settlement of a dispute arising from the concluded Sales Agreement;
- The provincial inspector of the Trade Inspection- the possibility of requesting the initiation of mediation proceedings on an amicable basis until the dispute between the Customer and the store is resolved;
- District (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address email@example.com
Annexes to the Regulations
A. INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL
INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT
Right of withdrawal
- You have the right to withdraw from this contract within 14 days without giving any reason.
- The withdrawal period expires after 14 days from the day on which you have taken possession of the item;
- in order to exercise your right of withdrawal, you must inform the person responsible for performing the withdrawal action: firstname.lastname@example.org of your decision to withdraw from this contract by an unequivocal statement.
(Please be informed that the statement may be sent, for example, by mail, fax, or e-mail).
(4) You may use the model withdrawal form, but it is not mandatory.
You may also fill in and send the withdrawal form or any other unambiguous statement electronically on our website https://nkode.io/ If you use this option, we will immediately send you an acknowledgment of receipt of your withdrawal from the contract on a durable medium (for example, by e-mail).
(5) In order to comply with the withdrawal period, it is sufficient for you to send information on exercising your right of withdrawal before the withdrawal period expires.
- consequences of withdrawal
In case of withdrawal from this contract, we will return all payments received from you. We will return the payments using the same means of payment that you used in the original transaction unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this return.
B. WITHDRAWAL FORM
Please be advised that this form must be completed́ and returned́ only if you wish to withdraw from the contract. The use of the form is optional.
- Address: ………………………..………………….
- Internet address: ………………………………..
- E-mail: …………………………..………………..
- Phone: ………………………………………………
I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items() the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*)
Date of conclusion of the contract(*)/collection(*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the form is sent on paper)
(*) Delete not necessary.