TERMS AND CONDITIONS OF THE ONLINE PLATFORM WWW.DOSTEPY.COM
Table of Contents
§ 1 General Provisions
§ 2 Provision of Electronic Services
§ 3 Conclusion of the Sales Agreement
§ 4 Payment, Delivery, and Collection of Goods
§ 5 Personal Data
§ 6 Complaints
§ 7 Right of Withdrawal
§ 8 Additional Information
§ 9 Loyalty Program
§ 1 General Provisions
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These Terms and Conditions (hereinafter referred to as the "Terms") define the rules for using the online platform available at www.dostepy.com (hereinafter referred to as the "Website"), and in particular govern:
a) the conditions of the Website’s operation;
b) the terms of providing electronic services;
c) the rules for consumers to exercise the right to withdraw from a contract without giving a reason;
d) the procedures and rules for handling complaints.
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Definitions of terms used in the Terms:
a) Website – the online platform available at www.dostepy.com;
b) Service Provider / Data Administrator – AdVisa Rafał Pawluk, address: ul. Władysława Łokietka 22, 82-300 Elbląg, Poland; e-mail: bok@dostepy.com; NIP (Tax ID): 5783118877; REGON: 363043531;
c) Client – a person or organizational unit who uses electronic services provided by the Service Provider, or who intends to enter into or has entered into a contract with the Service Provider. One can become a Client of the Website if they meet the conditions specified in § 1.3 of the Terms;
d) Consumer – a natural person who performs a legal transaction with an entrepreneur not directly related to their business or professional activity;
e) Order – the Client’s declaration of intent to conclude a contract. A correctly placed Order results in an email being sent to the address provided during Order/Registration, confirming receipt of the Order;
f) Electronic Service – a free service consisting of maintaining a Client Account (for registered Clients) and providing an order form. For the avoidance of doubt, any actions performed by the Service Provider for the proper execution of the above-mentioned processes are also considered Electronic Services;
g) Price – the amount the Client is obliged to pay for selected products upon entering into a contract with the Service Provider;
h) Delivery – fulfilled by sending the necessary information for using the service to the email address specified by the User;
i) Cart – an electronic form provided by the Service Provider through the Website, used by the Client to select products and place an Order;
j) Client Account – an Electronic Service identified by an individual login and password provided by the Client, storing data entered by the Client and information about Orders placed on the Website;
k) Registration – the process of creating a Client Account on the Website. To register, one must complete the registration form. A correctly completed registration form results in an automatic email from the Service Provider confirming the activation of the Client Account;
l) Newsletter – an Electronic Service that allows Clients to receive regular information from the Service Provider, particularly about products, the Website, including news and promotions, sent to the Client’s provided email address;
m) Technical Account – a user profile on an external digital platform, created and managed by the Seller, used for demonstration, archival, or collector purposes. The account may contain digital titles, but is not intended for sale, sharing, or transferring any license for using those contents. The Client receives only temporary access to the technical account, with no right to modify data, transfer ownership, or use the contents in a manner inconsistent with the collector purpose;
n) Collector-style Presentation – a graphical or descriptive presentation of the offer intended to symbolically, aesthetically, and informatively represent the contents of a technical account. This style does not constitute original promotional graphics of copyright holders, nor does it imitate marketing materials or imply any authorized association with software publishers, digital platforms, or trademark owners;
o) Loyalty Program – a loyalty program for Clients, organized by the Organizer in accordance with these Terms.
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A Client of the Website may be a natural person with full legal capacity, a legal entity, or an organizational unit without legal personality, provided that it has legal capacity under applicable law. A natural person with limited legal capacity may also be a Client if it is not contrary to generally applicable law.
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Prices on the Website are expressed in Polish zloty (PLN) and include VAT (gross prices).
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Commercial information presented on the Website does not constitute an offer as defined in Article 66 of the Polish Civil Code, but an invitation to submit offers, even if such information includes an individual price of goods.
§ 2 Provision of Electronic Services:
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As part of operating the Website, the Service Provider undertakes to provide Electronic Services under the scope and conditions specified in these Terms.
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The provision of Electronic Services by the Service Provider is free of charge.
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Conditions for concluding agreements for the provision of Electronic Services:
a) Client Account Service:
· The agreement for the provision of the Electronic Service consisting of maintaining a Client Account on the Website is concluded at the moment of Registration.
· Registration requires the Client to provide the following data in the registration form: full name, email address, and password.
· The agreement for the provision of the Client Account service is concluded for an indefinite period.
b) Interactive Form Service:
· The agreement for the provision of the Electronic Service consisting of providing an interactive form enabling the placement of an Order is concluded at the moment the Client starts using the service (by adding a product to the Cart).
· This agreement is concluded for a definite period and terminates upon the placement of the Order.
c) Newsletter Service:
· The agreement for the provision of the Newsletter Electronic Service is concluded when the Client provides their email address on the Website and consents to receiving email messages.
· This agreement is concluded for an indefinite period.
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Termination conditions for agreements on the provision of Electronic Services by the Client:
a) The Client has the right to terminate an agreement for the provision of a continuous Electronic Service (e.g., deletion of a Client Account, unsubscribing from the Newsletter) at any time, without incurring any additional costs and without giving any reason.
b) Termination may also be effected by sending a declaration to the Service Provider’s email address or in writing to the Service Provider’s correspondence address.
c) The agreement expires 7 days after the Service Provider receives the termination notice.
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The Service Provider has the right to terminate the agreement for the provision of Electronic Services with a 7-day notice period if the Client provides unlawful content.
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Termination and expiration of the agreement do not affect rights already acquired by Clients using the Service Provider's Website.
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The Consumer has the right to withdraw from the agreement for the provision of Electronic Services within 14 days of its conclusion (as specified in § 7 of the Terms).
§ 3 Conclusion of the Agreement:
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The subject of the agreement is a technical account on digital platforms. Within this account, the Client gains access to the product – namely, access to the technical account via a login and password. It is recommended that this account be used in offline mode. Access is guaranteed for 365 days.
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The store does not sell products offered by digital platform stores that are restricted by copyright. It only provides a login and password to the technical account of the digital platform. The Buyer does not acquire any rights or licenses to use the respective software or trademarks. The store is not liable for any actions by third parties (including the Buyer) taken on the provided account.
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To place an Order, the Client must select desired products into the Cart, choose a Delivery method, choose a Payment method, and provide their contact details.
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The actions described in § 3.1 are performed by the Client using the interactive form. In case of difficulties with placing an Order, the Client is requested to contact the Service Provider.
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When placing an Order, the Client is required to provide truthful information.
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Before submitting an Order, the Client must confirm that they have read and accepted the Terms and Conditions.
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An Order is placed when the Client clicks the "order with obligation to pay" button, or another button with equivalent wording.
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Upon receipt of the Order by the Website system, an automatic confirmation message will be sent to the email address provided by the Client.
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An Order whose receipt has been confirmed by the Website system (§3.6 of the Terms) constitutes an offer within the meaning of Article 66 §1 of the Polish Civil Code and forms the basis for concluding a sales agreement between the Client and the Service Provider.
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If the Service Provider proceeds to fulfill the Order, this will be confirmed with a separate email message.
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The agreement is considered concluded at the moment the Client receives a message from the Service Provider confirming the commencement of Order fulfillment (the message referred to in §3.8 of the Terms), which includes the login and password to the shared account.
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One purchased access entitles the Client to activate the account on one device only. It is forbidden to share, transfer, or reproduce the purchased product. If the above rules are violated, the store reserves the right to block the purchased access or, in some cases, to block the user’s account.
§ 4 Payment, Delivery, and Receipt
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Payment:
a) For the performance of the sales agreement, the Client is obliged to pay the Price of the goods specified in the Order along with any applicable Delivery costs.
b) Payment is made using the method chosen by the Client. Available payment options are listed on the Website.
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Delivery:
a) The Service Provider provides access to the selected accounts via email sent to the Buyer’s address specified during the ordering process. Delivery generally occurs within a few minutes of concluding the agreement. In exceptional cases, this time may be extended up to 24 hours. If the email is not received within the specified time, please contact the Service Provider via email.
§ 5 Personal Data
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Clients’ personal data is processed by the Data Administrator for the purpose of executing agreements concluded within the Website’s operation. Providing personal data is voluntary but necessary for the execution of a given agreement. The agreements include:
a) Concluding and performing the access agreement;
b) Sending messages containing commercial information (with prior consent expressed by subscribing to the Newsletter);
c) Maintaining the Client Account after prior Registration on the Website.
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The Data Administrator only requires the personal data necessary to properly execute the agreement. Personal data is processed in accordance with applicable data protection laws, the implemented data protection policy, and to the extent necessary for initiating, shaping the content of, amending, or terminating the agreement, as well as for the proper provision of Electronic Services.
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The Data Administrator has implemented technical and organizational measures to protect personal data provided by Clients against unauthorized access or disclosure.
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Clients’ personal data may be transferred to:
a) The payment processing provider selected by the Client when using electronic or card payments on the Website;
b) The accounting firm responsible for tax settlements for the Website – in the case of Clients who have concluded a sales agreement with the Data Administrator;
c) The software provider supporting the Website or the hosting company responsible for Website maintenance and functionality.
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Only the data necessary for proper service provision is shared with the entities listed in § 5.4.
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The Data Administrator is authorized to share the Client’s personal data with entities entitled to receive such data under applicable law (e.g., law enforcement authorities).
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Unless otherwise provided by law, the Data Administrator stores the Client’s personal data for as long as it is necessary to fulfill the purposes for which the data was collected.
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A Client whose personal data is processed by the Data Administrator has the right to access the data, rectify it, delete it, or restrict its processing, the right to object, the right to data portability, and the right to lodge a complaint with the supervisory authority – the Personal Data Protection Office.
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Personal data may be deleted upon withdrawal of consent or upon submission of a legally permissible objection to data processing.
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The Data Administrator reserves the right to process Clients’ personal data after contract termination or consent withdrawal only to the extent necessary to assert potential claims in court or where national, EU, or international law obligates the Data Administrator to retain such data.
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Contact with the person supervising the processing of personal data is possible via email at bok@dostepy.com or by mail to AdVisa Rafał Pawluk, ul. Władysława Łokietka 22, 82-300 Elbląg, Poland.
§ 6 Complaints
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The Service Provider undertakes to provide products free from physical and legal defects, unless the product description clearly states that the product is not in full-value condition.
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The Service Provider is liable for the provided products in accordance with the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other generally applicable legal regulations.
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If the product provided to the Client is defective, the Client should notify the Service Provider of this fact.
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It is recommended that when submitting a complaint, the Client:
a) provides the Service Provider with information regarding the subject of the complaint, in particular specifying the type and date of the defect occurrence;
b) indicates the demand related to the complaint (repair, replacement with a new product, price reduction, or withdrawal from the agreement);
c) provides their contact details.
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The Client may also submit complaints related to the functioning of the Website or the use of Electronic Services.
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Complaints are reviewed promptly, no later than within 14 days.
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The response to the complaint will be sent to the Client’s provided email address or in another manner indicated by the Client.
§ 7 Right of Withdrawal
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A Client who is also a consumer within the meaning of Article 22[1] of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), and who has concluded a distance agreement, may withdraw from it without giving a reason by submitting an appropriate declaration within fourteen (14) days. It is sufficient to send the declaration before the deadline expires. The declaration may be sent to the Website's email or postal address.
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The fourteen-day withdrawal period begins:
a) on the day the Consumer or a third party indicated by them (other than the carrier) acquires possession of the product – in the case of a sales agreement (exceptions are described in points b) and c));
b) on the day the Consumer or a third party acquires possession of the last part of the goods – in case of an agreement involving multiple goods delivered in parts;
c) on the day the Consumer or a third party acquires possession of the first product – in case of regular delivery of goods over time;
d) on the day of concluding the agreement – in the case of an Electronic Service.
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Upon receiving the withdrawal declaration, the Service Provider will promptly confirm its receipt to the Consumer via email.
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If the Consumer withdraws from the agreement, the agreement (or the Electronic Service agreement) is deemed not concluded. Anything provided by the parties is to be returned unchanged, unless the change was necessary to determine the nature, characteristics, and functioning of the item, or § 7.7 applies. The return must take place promptly, no later than within fourteen days.
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The Service Provider will refund the Consumer using the same payment method used by the Consumer, unless the Consumer explicitly agrees to another method that does not incur any costs. The Service Provider may withhold the refund until the item is received or the Consumer provides proof of its return, whichever occurs first.
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The Consumer bears only the direct cost of returning the item to the Service Provider.
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If the Consumer selected a delivery method other than the least expensive standard delivery offered by the Service Provider, the Service Provider is not obligated to refund the additional costs incurred by the Consumer.
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The Consumer is responsible for any reduction in the value of the product resulting from using it in a manner that exceeds what is necessary to determine its nature, characteristics, and functioning.
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The right of withdrawal from a distance contract does not apply to agreements:
a) for the provision of services, where the service has been fully performed with the Consumer's express consent, who was informed before the performance that they would lose the right to withdraw once the service is fulfilled (this applies to access to shared accounts — once the access has been sent by email, the Consumer may not withdraw);
b) where the price or remuneration depends on fluctuations in the financial market beyond the entrepreneur's control;
c) where the item is non-prefabricated, made to the Consumer’s specifications or personalized;
d) for items that deteriorate quickly or have a short shelf life;
e) for sealed goods that cannot be returned for health or hygiene reasons once unsealed;
f) for goods which after delivery are inseparably mixed with other items;
g) for alcoholic beverages agreed at the time of the contract, deliverable after 30 days, and whose value depends on market fluctuations;
h) where the Consumer explicitly requested urgent repair or maintenance services, and the entrepreneur provides additional goods or services beyond what was requested;
i) for sealed audio, video recordings or computer software unsealed after delivery;
j) for the supply of newspapers, periodicals, or magazines (except for subscription agreements);
k) concluded at a public auction;
l) for services relating to accommodation (not for residential purposes), transport of goods, car rental, catering, leisure, entertainment or cultural events with a specific date or period;
m) for the supply of digital content not stored on a tangible medium, if the performance began with the Consumer’s prior express consent before the withdraw
al deadline and after being informed of losing the right of withdrawal.
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No later than at the time of delivery, the Service Provider provides the Consumer with instructions on the right of withdrawal on a durable medium.
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The provisions concerning Consumers in this section also apply to natural persons entering into a contract directly related to their business activity, if the content of the contract shows that it does not have a professional character for them, especially based on their business registration in the Central Register and Information on Economic Activity (CEIDG).
§ 8 Additional Information
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To avoid discrepancies or errors, it is recommended that the device used by the Client to access the Website meets at least the following technical requirements necessary for cooperation with the ICT system used by the Service Provider:
a) A computer or mobile device with Internet access;
b) Acceptance of cookies, an active JavaScript interpreter, and an installed Flash plug-in;
c) An up-to-date web browser;
d) A screen resolution of 1024 x 768, 24-bit or 32-bit color;
e) The Client must have an email account.
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For matters not regulated by these Terms, the applicable law of the Republic of Poland shall apply, including the Civil Code, the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended); the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827); and other relevant provisions of Polish law.
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Changes to the Terms:
a) The Service Provider reserves the right to amend the Terms. Clients with a Client Account will be notified of any changes at least 14 days before they come into effect. Information about the changes will also be clearly presented on the Website. Furthermore, Clients will be asked to accept the new Terms before placing an Order.
b) The amended Terms shall be binding on the Client if the requirements of Article 384 of the Civil Code are met (i.e., the Client has been properly informed about the changes) and the Client has not terminated the continuous service agreement within 30 days.
c) Amendments to the Terms will not in any way affect rights acquired by Clients using the Website before the changes came into effect, particularly in regard to Orders already placed or fulfilled. Such Orders will be processed according to the previous Terms.
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The sales agreement is concluded under Polish law and in the Polish language.
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A Client who is a Consumer has the right to use out-of-court complaint and redress procedures in case of disputes with the Service Provider. The Consumer may:
a) apply to a permanent consumer arbitration court at the Trade Inspection for resolution of the dispute arising from the sales agreement;
b) apply to the regional inspector of the Trade Inspection for mediation proceedings for amicable dispute resolution;
c) obtain free assistance in resolving the dispute from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, Polish Consumers Association);
d) file a complaint via the EU online dispute resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL. This platform operates in all EU languages and can be used after the complaint procedure with the Service Provider has been exhausted.
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Any exploitation of errors on the Website that result in financial losses for ADVISA Rafał Pawluk must be reported to the administration at bok@dostepy.com. If a site user discovers such an error and fails to report it while exploiting it, their account and all related orders may be blocked.
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The Store is in no way affiliated with the copyright holders, trademark owners, or digital platforms whose names or symbols may appear in offer content. All rights to the mentioned brands belong to their legal owners and are used solely for identification purposes. Graphics, product names, and other visual elements used in offers are illustrative and serve a collector-style presentation function. Their use is solely for presenting the content and features of a technical account intended for collection purposes.
§ 9 Loyalty Program
There is an attractive loyalty program within the online store.
Each registered customer receives points for purchases. After reaching the appropriate level of points, a discount is assigned to his account to be used on subsequent purchases.
Every 1 USD spent is 4 point on your account.
Each 1 point is a 0.025 USD discount
Example:
Collecting 100 points entitles you to a 2,5 USD discount on the product price,
Collecting 200 points entitles you to a 5 USD discount on the product price.
The awarded points can be used within 365 days of their awarding, after this period the points expire.
In order to receive a discount, the Customer is obliged to collect the required number of points on his account.
Using the discount subtracts points from the pool
Below are the detailed rules of the Loyalty Program:
1. GENERAL PROVISIONS
1.1. The organizer of the Loyalty Program is the service provider, AdVisa Rafał Pawluk with its registered office in Elbląg (82-300, Elbląg), ul. Władysława Łokietka 22, NIP: 5783118877, REGON: 363043531, entered into the Central Register and Information on Economic Activity kept by the Minister of Development.
1.2. This Loyalty Program is addressed to consumers concluding Product Sales Agreements with the Organizer.
1.3. The Loyalty Program is organized through an online store, the owner and administrator of which is the Organizer.
2. TERMS OF PARTICIPATION IN THE LOYALTY PROGRAM
2.1. The participant of the Loyalty Program is the Customer who has a registered account in the Online Store.
2.2. The customer participating in the Loyalty Program is obliged to provide data consistent with the facts. The customer is obliged, in the event of a change in the provided data, to update them, in particular via e-mail to the following address: bok@dostepy.com
3. LOYALTY PROGRAM TERMS
3.1. The Loyalty Program is valid from April 4, 2023 for an indefinite period. The customer retains the right to use the accumulated funds for a period of 6 months after the end of the program.
3.2. The Customer participating in the Loyalty Program is awarded Points for the contracts for the sale of Products concluded by him in the Online Store.
3.3. The number of Points awarded to the Customer under the Product sales contract concluded by him depends on the price of the final product. The number of points is calculated from the sum of the prices of the Products after taking into account discounts, without taking into account the cost of shipping.
3.4. The Customer is not entitled to Points when he has withdrawn from the contract of sale of this Product.
3.5. After concluding the contract for the sale of the Product and sending it, the Organizer notes an increase in the number of Points assigned to a given Customer in his Customer account in the Online Store. In addition to the ability to independently check the number of Points held within the Customer's account, the Customer is also entitled to obtain information from the Organizer at any time about the number of Points held - for this purpose, the Customer may check the number of points obtained in the registered user's panel under the name MY LOYALTY POINTS.
3.6. When purchasing Products, the Customer receives 4 point for each 1 USD spent.
3.7. Points are awarded for the original order placed. If the order is edited, e.g. products are added to it, points will not be awarded for these additional products.
3.8. It is not possible to combine Points accumulated on different accounts.
3.9. The Service Provider reserves the right to organize actions that allow the Customer to earn additional points.
3.10. The Service Provider reserves the right to terminate the Loyalty Program within 30 days from the date of notification of this fact to the Customers who are participants.
4. REDEMPTION OF POINTS
4.1. For the accumulated Points, the Customer is entitled to a discount on subsequent purchases:
4.1.1. Each 1 point is a 0.025 USD discount
4.2. The funds granted to the Customer may be used by the Customer within 365 days from the date of their allocation, after this period the Points expire. In order to maintain the discount, the Customer is obliged to use the required number of Points on his account.
5.3. Using a discount deducts points from the pool depending on the amount of the selected discount.
4.4. The Loyalty Program is combined with other promotions.
4.5. Accumulated funds cannot be withdrawn to the Client.
5. PERSONAL DATA
5.1. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, within the scope and based on the principles indicated in this point of the Regulations. Providing personal data is voluntary, but failure to provide personal data necessary to take advantage of the Loyalty Program results in refusal to participate in it.
5.2. The purpose of collecting the Customer's personal data by the Administrator is the implementation of the Loyalty Program.
5.3. The basis for the processing of the Customer's personal data is the need to perform the contract to which the Customer is a party or to take action at his request before its conclusion.
5.4. Each person has the right to control the processing of data concerning them contained in the Administrator's data set, and in particular the right to: request supplementation, updating, rectification of personal data, temporary or permanent suspension of their processing or their removal, if they are incomplete, outdated, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.
5.5. In order to exercise the rights referred to above, you can send an appropriate message by e-mail to the following address: bok@dostepy.com
6. COMPLAINT PROCEDURE
6.1. Complaints related to the Loyalty Program may be submitted by the Customer, for example via e-mail to the following address: bok@dostepy.com,
6.2. It is recommended to provide as much information and circumstances regarding the subject of the complaint as possible in the description of the complaint.
6.3. The Organizer shall respond to the complaint immediately, not later than within 14 days from the date of submission of the complaint.
7. FINAL PROVISIONS
7.1. The law applicable to the Loyalty Program is Polish law and the Polish language.
7.2. The Service Provider reserves the right to amend the Regulations for important reasons, i.e. changes in the law to the extent that these changes affect the implementation of the provisions of these Regulations. The amended regulations bind the Customer, if the requirements specified in art. 384 and 384 [1] of the Civil Code, i.e. the Customer has been properly notified of the changes and has not terminated participation in the Partner Program within 14 days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any fees, the Customer who is a consumer has the right to withdraw from the contract. The amendment to the Regulations does not affect already concluded sales contracts, awarded Points and Prizes.
7.3. In matters not covered by these Regulations, the provisions of the Civil Code and other relevant provisions of generally applicable Polish law shall apply.