Terms of Service for datacraze.io Online Store

§ 1. Definitions

Contact Form – a form available on the datacraze.io website that allows sending a message to the Service Provider.

Order Form – a form available on the datacraze.io website that allows placing an Order.

Customer – a person who uses the functionality of the Online Store and intends to enter into or has entered into a Sales Agreement with the Service Provider.

Consumer – a natural person who enters into a legal transaction with an entrepreneur that is not directly related to their business or professional activity.

Product – a physical product, goods with digital elements, digital content, or digital service available in the Online Store that is the subject of a Sales Agreement between the Customer and the Service Provider.

Terms – these Terms of Service of the Online Store.

Entrepreneur with Consumer Rights – a natural person entering into a contract with the Service Provider for the provision of services within the Store, directly related to their business activity, when the content of this contract indicates that it does not have a professional character for them, resulting in particular from the subject of their business activity, made available pursuant to the provisions on the Central Register and Information on Economic Activity.

Online Store – the Service Provider's online store operating at datacraze.io.

Service Provider –

Data Craze Krzysztof Bury
Piaski 50
30-199, Rząska
Poland
NIP: PL7922121365

Sales Agreement – a Product sales agreement concluded between the Customer and the Service Provider through the Online Store.

Electronic Service – a service provided electronically by the Service Provider to the User through the Online Store.

User – a natural person, legal entity, or organizational unit without legal personality to which the law grants legal capacity, using an Electronic Service.

Order – a declaration of intent by the Customer constituting an offer to enter into a Product Sales Agreement with the Service Provider.

Point of Contact – allows direct contact between the User and the Service Provider and enables the Service Provider to communicate with European Union authorities: contact@datacraze.io.

§ 2. General Provisions

These Terms define the conditions for entering into Product Sales Agreements and the complaint procedure and conditions for withdrawing from Sales Agreements, as well as the types and scope of services provided electronically by the Online Store operating at datacraze.io, the rules for providing these services, and the conditions for entering into and terminating contracts for the provision of electronic services.

Each User, upon taking steps to use the services of the datacraze.io Online Store, is obliged to comply with the provisions of these Terms.

In matters not regulated by these Terms, the provisions of generally applicable law shall apply, in particular:

• the Act on the Provision of Electronic Services of 18 July 2002,
• the Consumer Rights Act of 30 May 2014,
• the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016,
• the Act on Counteracting Unfair Market Practices of 23 August 2007,
• the Civil Code Act of 23 April 1964, and other applicable provisions of Polish law.

The Service Provider has designated an electronic Point of Contact associated with the Online Store intended for direct communication with the authorities of member states, the Commission, and the Digital Services Board: contact@datacraze.io. The same Point of Contact may be used by the User for direct and prompt communication with the Service Provider. Communication may be conducted in Polish or English.

§ 3. Conclusion of Sales Agreement

The datacraze.io Online Store sells Products via the Internet.

Products are free from physical and legal defects. Information regarding the functionality or relevant compatibility and interoperability of Products that are goods with digital elements, digital content, or digital services is included in the offer of the given Product in the Online Store.

The information on the Online Store website does not constitute an offer within the meaning of applicable law. By placing an Order, the Customer makes an offer to the Service Provider to purchase a specific Product on the terms specified in the Product description in the Online Store.

Product prices displayed in the Online Store include all price components, including VAT, excluding delivery costs.

The Product price displayed on the Online Store page is binding at the time the Order is placed by the Customer. Any changes to the Product price in the Online Store, including promotions and discounts, that occurred after the date of placing the Order shall not affect the price established in the Order placed by the Customer.

Orders can be placed online by completing the Order Form.

A condition for placing an Order in the Online Store by the Customer is the creation of a Customer account in the Online Store, familiarization with the Terms, and acceptance of its provisions at the time of placing the Order.

If, before commencing the execution of the Sales Agreement, the Service Provider is forced, for reasons beyond their control, to change the material terms of the Sales Agreement with the Customer, the Service Provider shall immediately notify the Customer thereof.

In the situation referred to in paragraph 8 above, the Customer has the right to:

• accept the proposed change to the Sales Agreement by the Service Provider, or
• withdraw from the Sales Agreement with an immediate refund of all payments made by the Customer and without any obligation to pay any contractual penalty.

The Customer is obliged to immediately inform the Service Provider of their decision. The execution of the Order will be suspended until information is received from the Customer.

In the event of withdrawal from the Sales Agreement based on paragraph 9 above, or when the Service Provider cancels the execution of the Sales Agreement for reasons beyond the Customer's control, the Customer is entitled to an immediate full refund of the amount paid to the Service Provider.

The Sales Agreement is concluded when the Customer places an Order through easycart (clicking the “Order and Pay” button or another with a similar meaning), unless otherwise indicated in the Product description in the Online Store. If, at the Customer's explicit request, the performance of the service is to begin before the expiration of the withdrawal period from the Sales Agreement, the Service Provider requires the Customer to submit a statement:

• containing such an explicit request, and
• acknowledging that the right to withdraw from the Sales Agreement will be lost once it is fully performed by the Service Provider.

After placing an Order, the Service Provider shall immediately confirm its receipt and acceptance of the offer by sending an e-mail to the address provided by the Customer in the Order Form.

The Order confirmation includes:

• confirmation of all material elements of the Order,
• the content of these Terms in PDF format,
• information about the right to withdraw from the agreement or information about the Customer's consent to the delivery of digital content in circumstances resulting in the loss of the right to withdraw from the Sales Agreement.

Each Sales Agreement will be confirmed with an appropriate proof of purchase, which will be attached to the Product and/or sent by e-mail to the Customer's e-mail address provided in the Order Form.

The Service Provider delivers the Product to the Customer immediately after the conclusion of the Sales Agreement and the posting or confirmation of payment of the Product price by the Customer.

§ 4. Payment Methods

The Service Provider has entrusted the handling of the Product ordering process, including payment processing for Products and the fulfillment of obligations referred to in § 3 above, to the entity operating the Easytools service available at easy.tools. The entity operating Easytools acts in this regard on behalf of and for the account of the Service Provider.

The Service Provider enables payment for the Order through the payment methods available in Easytools, which uses the Stripe payment processor for processing payments.

After completing the Order in the Online Store, in order to process it, including payment, after clicking the appropriate button, the Customer will be redirected to the appropriate Easytools subpage.

In order to use all Easytools functions, including purchasing Products from the Service Provider through Easytools, the User must register on Easytools, i.e., create an Account and follow the easycart terms of service available at easy.tools/terms.

In the case of payment via an electronic payment system, the Customer makes payment before the commencement of Order fulfillment. The electronic payment system allows payment by credit card or instant transfer from selected Polish and international banks.

The Customer is obliged to pay the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.

The service will be performed only after payment has been received.

§ 5. Product Complaints

The basis and scope of the Service Provider's liability towards the Customer is defined by Art. 43a and subsequent articles of the Consumer Rights Act.

Product complaints should be directed to the Service Provider via e-mail at: contact@datacraze.io or in writing to the Service Provider's address indicated in § 1 of these Terms.

The complaint should include as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details.

The Service Provider will respond to the Customer's request without delay, no later than within 14 days from the date the complaint was filed.

In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 6 paragraph 9 of these Terms – failure to process the complaint within 14 days from its submission is equivalent to its acceptance.

The response to the complaint will be provided through the communication channel indicated by the Customer in the complaint.

§ 6. Right of Withdrawal

Subject to paragraph 7 below, the Customer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of conclusion of the Sales Agreement in accordance with Art. 27 and subsequent articles of the Consumer Rights Act.

To exercise the right of withdrawal from the Sales Agreement, the Customer must inform the Service Provider of their decision.

To withdraw from the Sales Agreement, the Customer may use the model withdrawal form attached to these Terms.

To meet the withdrawal deadline, it is sufficient for the Customer to send information regarding the withdrawal from the Sales Agreement to contact@datacraze.io or the Service Provider's address indicated in § 1 of these Terms before the expiration of the withdrawal period.

The Service Provider will refund all payments received from the Customer without delay, but no later than 14 days from the date the Service Provider was informed of the withdrawal from the Sales Agreement, unless the Customer exercises the right of withdrawal from the Sales Agreement after submitting the request referred to in § 3 above – in which case the Customer is obliged to pay for services rendered up to the time of withdrawal from the Sales Agreement.

The Service Provider will make the refund using the same payment methods that were used by the Customer to pay for the Order, unless the Customer has agreed to a different solution.

The right of withdrawal from a distance contract does not apply to the Customer with respect to contracts:

• for the provision of services for which the Customer is obliged to pay a price, if the Service Provider has fully performed the service with the express consent of the Customer, who was informed before the commencement of the service that after the Service Provider has performed the service, they will lose the right to withdraw from the contract, and acknowledged this;
• in which the price or remuneration depends on fluctuations in the financial market over which the Service Provider has no control and which may occur before the expiration of the withdrawal period;
• in which the subject of the service is a non-prefabricated item, produced according to the Customer's specifications or serving to satisfy their individualized needs;
• in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
• in which the subject of the service is an item delivered in sealed packaging which, after opening, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery;
• in which the subject of the service is items which, after delivery, due to their nature, are inseparably combined with other items;
• in which the subject of the service is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
• for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription agreement;
• for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision;
• for the delivery of digital content not supplied on a tangible medium, for which the Customer is obliged to pay a price, if the performance began with the express and prior consent of the Customer, who was informed before the commencement of the performance that after the Service Provider fulfills the service, they will lose the right to withdraw from the contract, and acknowledged this, and the Service Provider provided the Customer with the confirmation referred to in § 3 above.

The right to withdraw from the Sales Agreement is available to both the Service Provider and the Customer.

An Entrepreneur with Consumer Rights is covered by the protection provided by the relevant legal provisions, on the condition that the Sales Agreements or Electronic Service agreements they enter into with the Service Provider do not have a professional character.

A person conducting business activity as referred to in paragraph 9 above is protected only in the scope of:

• prohibited contractual provisions – so-called abusive clauses,
• liability under warranty for physical and legal defects of the Product, in accordance with § 5 of these Terms,
• the right to withdraw from a distance contract, in accordance with § 6 of these Terms.

The entrepreneur referred to in paragraph 9 above loses the rights under consumer protection if the Sales Agreement they entered into with the Service Provider has a professional character, which results in particular from the subject of their business activity, made available pursuant to the provisions on the Central Register and Information on Economic Activity.

§ 7. Types and Scope of Electronic Services

The Service Provider enables the following Electronic Services through the Online Store:

• conclusion of Product Sales Agreements,
• sending messages via the Contact Form,
• creation of a customer account / profile,
• product rating and reviews,
• newsletter,
• forum.

The provision of Electronic Services to Users of the Online Store takes place under the conditions specified in these Terms.

The Service Provider has the right to post advertising content on the Online Store website. Such content constitutes an integral part of the Online Store and the materials presented therein.

§ 8. Conditions for the Provision and Conclusion of Electronic Service Agreements

The provision of Electronic Services by the Service Provider is free of charge.

The duration of the agreement depends on the service:

• the agreement for placing an Order in the Online Store is concluded for a definite period and terminates upon placing the Order or ceasing to place it by the User;
• the agreement for sending a message to the Service Provider via the Contact Form is concluded for a definite period and terminates upon sending the message or ceasing to send it by the User;
• the agreement for creating a customer account / profile is concluded for a definite period and terminates upon the deletion of the customer account / profile;
• the agreement for product rating is concluded for a definite period and terminates upon submission of the product rating by the User;
• the agreement for the newsletter service is concluded for a definite period and terminates upon unsubscribing from the newsletter by the User;
• the agreement for using the forum is concluded for a definite period and terminates upon posting a message on the forum by the User or upon the closure / deletion of the User's forum account.

Technical requirements necessary for cooperation with the IT system used by the Service Provider:

• a computer (or mobile device) with Internet access,
• access to e-mail,
• a web browser,
• Cookies and JavaScript enabled in the web browser.

The Customer is obliged to:

• use the Online Store in a manner consistent with the law and good practices, with respect for the personal rights and intellectual property rights of third parties;
• enter data that is consistent with the actual state of affairs;
• refrain from posting unlawful content in the Online Store, in particular in the Contact Form or the Order Form.

The Service Provider reserves the right to monitor content posted in the Online Store by Users and to take actions and decisions to remove such content.

Users have the right to report to the Service Provider any illegal content or content that violates the Terms by using the Contact Form (hereinafter referred to as a “Report”). The Service Provider will review each Report submitted by a User within thirty (30) days of its receipt, with due diligence, in an objective and non-arbitrary manner.

When issuing a decision regarding a Report, the Service Provider shall notify the reporting User without undue delay. In the case of a decision regarding content removal and if electronic contact details are available, the Service Provider also informs the User responsible for the content of its decision along with justification.

In the case of content removal as a result of an algorithmic decision by the Service Provider, the User must be informed of this fact. Users also have the right to appeal decisions made by algorithms used by the Service Provider.

Decisions of the Service Provider with respect to Users may include:

• restricting the visibility of certain content, including removal, preventing access to content, or deprioritizing content;
• suspending or terminating the provision of the Electronic Service in whole or in part;
• suspending or blocking the User's account;
• finding the Report to be unfounded.

The User has the right to appeal any decision of the Service Provider within fourteen (14) days from receiving the Service Provider's decision.

The Service Provider has fourteen (14) days to review the appeal.

§ 9. Complaints Related to the Provision of Electronic Services

Complaints related to the provision of Electronic Services through the Online Store may be submitted by the Customer via e-mail at: contact@datacraze.io or to the Service Provider's address indicated in § 1 of these Terms.

The complaint should include as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details.

The Service Provider will respond to the Customer's request without delay, no later than within 14 days from the date the complaint was filed.

In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 6 paragraph 9 of these Terms – failure to process the complaint within 14 days from its submission is equivalent to its acceptance.

The response to the complaint will be provided through the communication channel indicated by the Customer in the complaint.

§ 10. Intellectual Property

All content published in the Online Store is protected by copyright and is the property of the Service Provider.

Any use by anyone, without the express written consent of the Service Provider, of any element constituting the content of the Online Store constitutes an infringement of the Service Provider's copyright and results in civil and criminal liability.

§ 11. Product Reviews

Within the Online Store, the Service Provider provides Customers with the ability to rate Products in descriptive (comment) or graphic form. The rating system serves to collect and share subjective assessments of Products made by Customers, which may influence the choice of a given Product by other Customers.

Only a Customer who has purchased a given Product is entitled to submit a review.

The ability to submit a review is not limited in time.

Submitting a review by a person who has not purchased the Product is not possible.

After submitting a review, it is displayed in descriptive or graphic form on the Online Store subpage where the reviewed Product is available, along with information about the author of the review and the date it was submitted.

Based on the sum of all ratings of a given Product, the Online Store may display an overall Product rating representing the arithmetic average of all ratings for that Product.

A review submitted by a Customer should reflect the actual assessment of the given Product and must not contain:

• unlawful, offensive, discriminatory, pornographic content, content inciting hatred, racism, xenophobia, etc., vulgarities;
• contact or access data;
• advertising content, links to other websites;
• malicious software;
• automatically generated content, in particular by bots or AI.

The sole responsibility for the content of a review lies with its author.

The Service Provider does not interfere with the content of reviews, but reserves the right to remove or block them in the event that:

• the content of the review violates the provisions of these Terms or applicable law;
• the content of the review contains characters that make it unreadable or there is a suspicion that it may contain malicious software;
• the content and nature of the review indicate that it was submitted by mistake or without familiarization with the Product.

By posting a review in the Online Store, the author grants an irrevocable, unlimited consent for the publication of the review in whole or in part in the Online Store or on the Service Provider's social media channels.

§ 12. Final Provisions

Agreements concluded through the Online Store are governed by Polish law.

In the event of any inconsistency between any part of these Terms and applicable law, the relevant provisions of Polish law shall apply in place of the contested provision of the Terms.

Any disputes arising from Sales Agreements between the Service Provider and Consumers shall be resolved primarily through negotiation, with the intention of amicably resolving the dispute, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. However, if this is not possible or would be unsatisfactory for either party, disputes shall be resolved by the competent court in accordance with paragraph 4 of this section.

Judicial dispute resolution:

• any disputes between the Service Provider and the User (Customer) who is also a Consumer or an entrepreneur referred to in § 6 paragraph 9 of these Terms shall be submitted to the courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure;
• any disputes between the Service Provider and the User (Customer) who is not a Consumer or an entrepreneur referred to in § 6 paragraph 9 of these Terms shall be submitted to the court having jurisdiction over the Service Provider's registered office.

A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by filing, after the completion of the complaint procedure, a request for mediation or a request for the case to be heard by an arbitration court. The Consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.

A Consumer may submit a complaint through the ODR (Online Dispute Resolution) platform available at: https://ec.europa.eu/consumers/odr/ for the purpose of amicable resolution of the dispute.

The Service Provider undertakes to inform the User each time of any significant changes to these Terms.

Appendix – Withdrawal Form

(This form should be completed and returned only if you wish to withdraw from the contract.)

Addressee:
Data Craze Krzysztof Bury, Piaski 50, 30-199 Rząska, NIP 7922121365
contact@datacraze.io

I/We(*) hereby inform you of my/our withdrawal from the contract of sale of the following goods(*) / the contract for the delivery of the following goods(*) / the contract for the performance of the following work(*) / the contract for the provision of the following service(*):

Date of conclusion of the contract(*) / receipt(*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if the form is submitted on paper):
Date:

(*) Delete as appropriate.