Terms and Conditions of Electronic Services

Table of contents:

§1 Definitions
§2 General provisions
§3 Orders
§4 Withdrawal from the contract
§5 Complaints
§6 Provision of electronic services
§7 Final provisions

§1 Definitions

The terms used in the Regulations mean:

• Website - a website operated by the Service Provider available at https://uxtivity.com/ux-review-for-ecommerce/;
• Service Provider - UXTIVITY limited liability company based in Poznań, ul. os. Jana III Sobieskiego 22/92, 60-688 Poznań, entered into the National Court Register kept by the District Court Poznań - Nowe Miasto I Wilda in Poznań, VIII Commercial Division of the National Court Register under the KRS number: 0000971592, NIP: 9721327204, REGON: 522045406, e-mail address: hello@uxtivity.com, phone number: +48 609 796 789;
• Client - a natural person, legal person and organizational unit without legal personality, which has legal capacity and acquires an Audit through the Website;
• Consumer - a natural person using the Website and acquiring an Audit not directly related to its business or professional activity;
• Entrepreneur - a natural person, legal person or organizational unit without legal personality, using the Website and acquiring an Audit as part of its business or professional activity;
• Business days - weekdays from Monday to Friday, excluding statutory holidays in accordance with the Act of 18 January 1951 on statutory holidays;
• Regulations - this document specifying the rights and obligations of the Service Provider and the Client, as well as the conditions for placing Orders and concluding Agreements through the Website;
• Order - the Client's declaration of intent to conclude an Agreement submitted to the Service Provider, using the functionality of the Website, containing information necessary to conclude and perform the Agreement;
• Audit - a service provided by the Service Provider to the Client based on the Agreement;
• Agreement - an agreement for the provision of services by the Service Provider to the Client, concerning the Audit covered by the Order, the terms of which are specified in the Regulations;
• GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
• Payment operator - means an entity providing services to Clients. The payment operator is the provider of the Stripe online payment service - Stripe, Inc. 354 Oyster Point Blvd. South San Francisco, CA 94080.

§2 General provisions

1. This Regulation specifies in particular the types and scope of services provided electronically by the Service Provider, the terms of provision of these services, the terms of conclusion and termination of agreements for the provision of services electronically, and the procedure for handling complaints.
2. The Regulation does not apply to services provided by the Service Provider in any other way, nor to services provided electronically by the Service Provider through other internet domains than the website domain.
3. The Regulation is made available free of charge through the Website in a way that allows for its acquisition, reproduction, and preservation. Access to the Regulation can be obtained at any time through the link posted on the Website, as well as by saving it in any format on a chosen medium.
4. Communication with the Service Provider made by the Client results in the Client incurring costs arising from agreements concluded by the Client with third parties for the possibility of using specific forms of distance communication. The Service Provider does not charge any additional fees or benefits for the possibility of communicating with it.
5. In a dispute with the Service Provider, the Consumer has the possibility of amicably resolving the matter through: 1) referring the matter to a permanent consumer arbitration court, 2) mediation, 3) referring the matter to the Voivodeship Inspector of Trade Inspection, 4) referring the matter to the Consumer Federation, 5) using the online platform for resolving disputes between consumers and entrepreneurs at the EU level available at http://ec.europa.eu/consumers/odr (ODR Platform).

§3 Orders

1. The purchase of an Audit is made based on a distance contract between the Service Provider and the Client, under the conditions specified in these Regulations and according to the current prices indicated on the Website at the time of placing the Order.
2. The Client can only be a natural person with full legal capacity, as well as a legal person and an organizational unit without legal personality, to which the law grants legal capacity. In the case of legal persons and organizational units without legal personality, all activities related to Orders can only be carried out on their behalf by a person authorized to represent these entities. The person carrying out activities on behalf of a legal person or an organizational unit without legal personality declares that he/she is authorized to act on behalf of the entity he/she represents.
3. The Audit price given on the Website is a net price plus applicable VAT and is expressed in dollars.
4. The Client has the option of paying for the Audit using electronic payments. Payment processing services are provided by the Payment Operator. Making a payment through the Payment Operator requires a separate legal relationship with the Payment Operator and acceptance of its regulations. The Service Provider is not a party to such a legal relationship and has no influence on its content and implementation.
5. To purchase the Audit, the Client should select the "Buy UX Review for $97" button.
6. After selecting the "Buy UX Review for $97" button, the Buyer is redirected to the Payment Operator's payment page to provide payment and payer information. The order is placed by pressing the "Pay" button. Pressing the "Pay" button means placing an order with an obligation to pay. Upon obtaining a positive payment authorization, the Agreement is concluded.
7. The services are documented by the Service Provider in accordance with applicable legal regulations. If the Client selects the "Buy as a company" checkbox at the time of payment, the Service Provider will issue a VAT invoice to such Client. The Client agrees that the VAT invoice will be delivered to them in electronic form in PDF format.
8. After placing and paying for the Order, the Client will be redirected to a questionnaire form for the audit questions. The audit will be carried out within 3 business days from the date of completion and submission of the complete questionnaire form by the Client.
9. If the Service Provider is unable to perform the service because contact with the Client at the email address provided in the form is not possible, the Service Provider is entitled to withdraw from the Agreement and refund the money to the Client within thirty days from the conclusion of the Agreement.

§4 Withdrawal from the contract

1. A Client who is a Consumer and who has concluded a distance contract through the Website may withdraw from it within 14 days without giving any reason, subject to paragraphs 2-3. The right to withdraw from the contract also applies to a natural person who concludes a contract directly related to their business activity, if it follows from the content of the contract that it does not have a professional character for them, in particular resulting from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
2. In the case of an Audit service, the right to withdraw from the contract does not apply to the Client if the Service Provider has fully performed the Audit with the explicit and prior consent of the Client, who was informed before the provision of the service that after the performance of the service by the Service Provider, they will lose the right to withdraw from the contract and accepted it, in accordance with Article 38(1)(1) of the Act of 30 May 2014 on consumer rights.
3. The right to withdraw from the contract also does not apply to the Client in other cases referred to in Article 38 of the Act of 30 May 2014 on consumer rights.
4. The deadline for withdrawing from the contract starts from the day of concluding the agreement. To meet the deadline for withdrawing from the contract, it is sufficient to send a statement of withdrawal before the deadline for withdrawing from the contract expires.
5. The Client may exercise the right to withdraw from the Agreement by sending a statement of withdrawal by e-mail or in writing to the Service Provider's address.
6. When exercising the right to withdraw from the Agreement, the Client may use the withdrawal form template, which constitutes Annex 1 to these Regulations, but this is not mandatory.
7. In the event of withdrawal from the Agreement, the Agreement shall be deemed not to have been concluded.
8. The Service Provider shall immediately, no later than 14 days from the receipt of the Client's statement of withdrawal from the contract, return to the Client all payments made by him.
9. The Service Provider shall make the refund using the same method of payment that the Client used, unless the Client has indicated in the statement of withdrawal from the contract a different method of refund that does not involve any costs for him.

§5 Complaints

1. A Client who is a Consumer may file a complaint regarding the Audit or services provided electronically by the Service Provider by email or in writing to the Service Provider's address. The possibility of filing a complaint is also available to a natural person who concludes a contract directly related to its economic activity, when the content of this agreement indicates that it does not have a professional character for them, resulting in particular from the subject of the economic activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity. In the case of other Entrepreneurs, the possibility of filing a complaint is excluded, and any liability of the Service Provider is excluded in relation to them, except for cases of intentional damage caused by them.
2. The Service Provider will consider the complaint within a period not exceeding 14 days from the date of its receipt, informing the Client immediately of its results.

§6 Provision of electronic services

1. The Service Provider provides the following electronic services through the website:
   • enabling the placement of Orders and conclusion of Agreements;
   • providing data and materials available on the website, including primarily information on Audits;
2. Technical requirements necessary to cooperate with the ICT system through which the Service Provider provides electronic services:
   • a PC, Mac or other device allowing the use of the website;
   • access to the Internet;
   • access to e-mail;
   • appropriate software in the form of a web browser.
3. The Customer is prohibited from providing content of an unlawful nature.
4. The agreement for the provision of electronic services is concluded at the moment of starting to use a given functionality of the website that allows the use of a specific electronic service.
5. The agreement for the provision of electronic services provided through the website is concluded for an indefinite period and is terminated by the Customer ceasing to use a given electronic service and without the need to submit additional statements.

§7 Final provisions

1. The Service Provider may change the provisions of the Regulations for the following reasons:
2. the need to adjust the content of the Regulations to new or amended legal regulations that have an impact on the content of the Regulations,
3. the need to improve the functioning of the website, provided that such changes will not violate or restrict the rights acquired by Customers so far,
4. introducing, removing or changing the conditions of providing individual services within the website, provided that such changes will not violate or restrict the rights acquired by Customers so far.
5. The Service Provider will inform Customers in advance about any changes to the Regulations by publishing the current version of the Regulations on the website.
6. Orders placed during the validity of the previous version of the Regulations will be fulfilled in accordance with its provisions.
7. The provisions of these Regulations do not aim to exclude or limit any rights of Consumers granted to them under mandatory provisions of law, including in particular the Act of 30 May 2014 on consumer rights and the Civil Code of 23 April 1964. In the event of any unintentional inconsistency between the Regulations and the above provisions, the latter shall have priority and shall be applied by the Service Provider.
8. If any of the provisions of these Regulations are deemed illegal, invalid, or otherwise unenforceable to the extent provided by law, it shall be excluded in that respect. In the remaining scope, the Regulations shall remain in force.
9. All graphic elements of the Website, technical solutions used in it, content elements, as well as the way in which graphic elements and content are presented (layout), as well as software, databases and other materials placed within the Website are subject to the Service Provider's copyright and are protected in accordance with the provisions of the Act of February 4, 1994 on copyright and related rights.
10. In order to use the Website, the Service Provider grants Customers an exclusive, non-transferable, non-transferable, granted for the time of use of the Website, License to use the Website. Within the granted License, the Customer is entitled only to temporary reproduction of the Website by displaying it in a web browser, as well as saving temporary files, in order to use the available functionalities in accordance with these Regulations.
11. These Regulations are subject to Polish law and are subject to the jurisdiction of Polish courts. The choice of Polish law does not deprive the Consumer of the protection granted to him under provisions that cannot be excluded by agreement, under the law that would be applicable in the event of no choice of law.
12. Any disputes arising between the Service Provider and the Customer, who is an Entrepreneur, will be resolved by the competent common court due to the Service Provider's registered office. The previous sentence does not apply to a natural person who concludes a contract directly related to his or her business activity, when the content of this contract shows that it does not have a professional nature for him or her, resulting in particular from the subject of the business activity carried out by him or her, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

Attachment 1 - Template for withdrawal from the contract form.

(this form should be filled out and sent only if you wish to withdraw from the contract)

UXTIVITY Sp. z o.o.
os. Jana III Sobieskiego 22/92
60-688 Poznań

I/We () ………………………………… hereby inform you of my/our () withdrawal from the contract of sale of the following goods () contract for delivery of the following goods () contract for a work consisting in the execution of the following goods () / performance of the following service ():

…………………………………………………………………..

Date of conclusion of the contract () / receipt (): …………………………………..

Name and surname of the consumer(s): …………………………….

Consumer(s) address: …………………………………….

Consumer(s) signature(s) (only if the form is sent in paper version)

…………………………………………….

Date: ……………………………………….

(*) Strike out unnecessary.