Online Store Rules

1. General Provisions

The online store operating at www.intalioservices.com is run by: INTALIO MAKIEŁA MIKOŁAJCZYK SPÓŁKA JAWNA, ul. Piękna 30, 60-591 Poznań, Poland (Store/Personal Data Controller) Tax Id. No. (NIP): 781-184-58-29; Business Reg. No. (REGON): 30129457200000, registered by: District Court for Poznań - Nowe Miasto i Wilda in Poznań, 8th Business Division of the National Court Register, under KRS no. 0000447652;
T: +48 61 822 11 87
E-mail address: intalio@intalio.pl
Website: https://www.intalio.pl

The Online Store may be used by any Customer (User) whose ICT system meets the following minimum technical requirements:
a) Internet Explorer version 9 or newer with ActiveX, JavaScript and cookies enabled, or
b) Mozilla FireFox version 3.8 or newer with JavaScript and cookies enabled, or
c) Google Chrome version 4.0 or newer with JavaScript and cookies enabled, or
d) Safari version 5.1 or newer with JavaScript and cookies enabled;
e) the minimum screen resolution of 1024x768 pixels,
f) if you agree to receive an electronic invoice, bill or receipt, you will need software to open PDF files, e.g. Adobe AcrobatReader,
g) having the User's e-mail address for contact purposes;

These Online Store Rules apply only to the conclusion of contracts between entrepreneurs.

The Buyer may negotiate the terms of the contract before placing the purchase order. Any negotiations must be in a written form, otherwise being null and void. Correspondence in this matter will be directed to the address of the Store.
The Customer may not place in the Online Store or submit to the Seller any content, including opinions and other data, that is illegal.
The Store content does not constitute an offer within the meaning of the Polish Civil Code.
Placement of a Purchase Order by the Customer is not equivalent to conclusion of a sales contract with the Seller.
All dates and periods are calculated in accordance with the provisions of the Polish Civil Code.
Definitions:

Business days – all days of the week from Monday to Friday, excluding public holidays.
Proof of purchase – a VAT invoice or bill or receipt issued in accordance with the applicable law.
Working hours – hours from 9:00 am to 5:00 pm on Business Days.
Customer/Buyer/Purchaser – an entrepreneur – a natural person conducting business activity or a legal person or an organizational entity without legal personality that conducts business or professional activity, even if the activity is not organized and continuous, as well as any person acting in their name or on their behalf.
Product Delivery Costs – any costs incurred by the Seller necessary to deliver the Product to the Purchaser in accordance with the Purchase Order.
Polish Civil Code – the Polish Civil Code Act of 23 April 1964, as amended.
Shopping Cart – a list of Products composed of Products offered in the Store and chosen by Buyer.
Newsletter – a type of an electronic communication, a magazine sent via e-mail of the Seller, containing information about Products in the Online Store.
Payment – method of payment for the Subject of the Contract and for its delivery.
Product – a product offered by the Seller as a part of the Store's operation.
Subject of the Contract – Products and delivery subject to the contract.
Online Store Rules – these rules. They specify the terms and conditions for concluding sales contracts via the Online Store, the rules for the contracts performance, the rights and obligations of the Parties to the distance sales contract. In respect of the services provided electronically, the Online Store Rules are regulations specified in the provision of Article 8 of the Act on the Electronic Provision of Services. Any and all appendices are an integral part of the Online Store Rules, unless expressly provided otherwise.
Seller: INTALIO MAKIEŁA MIKOŁAJCZYK SPÓŁKA JAWNA, ul. Piękna 30, 60-591 Poznań, Poland (Store/Personal Data Controller) Tax Id. No. (NIP): 781-184-58-29; Business Reg. No. (REGON): 30129457200000, registered by: District Court for Poznań - Nowe Miasto i Wilda in Poznań, 8th Business Division of the National Court Register, under KRS no. 0000447652.
Execution date – time from the moment of the Purchase Order confirmation by the Store to the delivery completion.
Parties – the Seller and the Customer.
Contract – a contract concluded between the Parties.
Defect – either a physical or legal defect.
Physical defect – non-compliance of the item sold with the contract.
Legal defect – a situation when the item sold is the property of a third party or is encumbered with the third party’s right, and also when the restriction on the use or disposal of the item arises from a decision or ruling of a competent authority.
Purchase Order – the Buyer's declaration of intent made through the Store in which the Buyer clearly specifies: the type and quantity of the Products, type of delivery, payment method, price, place of the Product transfer and Buyer's details, for the purspose of concluding a contract between the Parties.

2. Customer's Account

The Customer's Account is a set of data stored in the Store and in the Seller's ICT system regarding the Customer, Purchase Orders placed and Contracts concluded by the Customer, which the Customer uses to place such Purchase Orders and conclude Contracts.
The Customer gains access to the Account upon registration.
As a part of the registration, the Customer provides their name and e-mail address and specifies their password. The Customer may also provide their mobile phone number.
The Customer ensures that the data provided by them in the registration form are consistent and true.
Registration requires reading the Online Store Rules and marking on the registration form that the Customer has read the Rules and accepts all of the provisions.
After establishing an account on the Website, the Customer has the option of:
- supplementing, correcting their data for the license and any
payment related data,
- reviewing their purchase orders history,
- changing the password,
- deleting their account permanently,
- submitting a complaint.

Upon establishing the Account, a contract for the provision of electronic services for an indefinite period is concluded between the Seller and the Customer and regarding the Account.
The Customer may terminate the contract for the provision of electronic services at any time with immediate effect, by informing the Seller by e-mail or in writing to the address of the Seller's registered office. In such a case, the Customer’s Account in the Online Store will be deleted.
Moreover, the Customer agrees not to post any content that contains references to third-party websites, is of a promotional or advertising nature or contains personal data of any third parties.
The Buyer may use the Store's feature to remember the Buyer’s data to facilitate the process of placing further Purchase Orders. The Buyer may correct, update or delete the account in the Store. By registering and establishing an Account, the Customer may express their desire to receive the Newsletter.

3. Purchase Orders

Purchase Orders can be placed via the IT system 7 days a week and 24 hours a day.
Only Customers who meet the conditions set out in these Online Store Rules are entitled to place Purchase Orders in the Store (see also the definition of the Customer/Buyer/Ordering Party).
The Store may ask the Customer to confirm the Purchase Order.
In order to place a Purchase Order, the Customer is obliged to:
- read and acknowledge the terms of the software license (license agreement),
- choose Products for themselves and place them in the Shopping Cart,
- choose the e-mail address for delivery and the address to which the invoice is to be issued (these can be two different addresses),
- select the payment method (payment in advance: DotPay or bank transfer)
- pay for the order using one of the available payment methods.
If the Customer's Purchase Order cannot be delivered, the Store will notify the Customer of this fact and return the money paid. The notification will be sent to the e-mail address provided by the Customer in the Purchase Order form.
In case of unavailability of some Products included in the Purchase Order, the Customer is informed about the status of the Purchase Order and decides how it should be handled.
The Customer can choose:
- a partial delivery - which results in delivering only these Products from the Purchase Order that are available, and the Store is released from the obligation to deliver the Products that are not available,
- canceling the entire Purchase Order - the Store is released from the obligation to execute the Purchase Order; if the Customer has made payment for the Product, the Store will refund the amount due according to the procedure described in the Online Store Rules.
The Store is not responsible for non-delivery of an e-mail with information regarding the Purchase Order execution, if such a non-delivery is due to reasons attributable to the Customer (e.g. overfilled e-mail box or incorrect e-mail address).
The Store is not responsible for blocking by e-mail server administrators of messages sent to the e-mail address provided by the Customer, and for removing or blocking e-mail messages by any software installed on the Customer’s computer.

4. Changes in Purchase Orders

Purchase Orders may be changed only by e-mail or telephone contact with the Store at sales@intalioservice.com
The Customer may make changes to or cancel any Purchase Order only by the time of receiving the Purchase Order acceptance confirmation.
The Customer can change the version of the purchased package to a different one before its expiration date:
a) If an existing package is exchanged for a package with a higher price, a fee will be charged in the amount of the price of the new package minus the value of the existing package divided by the difference between the days of the existing package and the days remaining until its expiry:
Surcharge = NewPackagePrice - (ExistingPackagePrice / (ExistingPackageDuration - DaysToTheEndOfTheExistingPackage)
b) If you exchange your existing package for a lower price package, the difference in prices will not be refunded.

5. Contract

The Contract with the Customer is concluded in accordance with the Polish law and these Online Store Rules.
The Online Store Rules in the version in force at the time of the Purchase Order placement is an integral part of the sales contract.
By placing a Purchase Order, the Purchaser makes an offer to the Seller to purchase the Product covered by the Purchase Order.
The sales contract is concluded at the time of arrival to the Purchaser of the Seller’s confirmation of the acceptance of the submitted offer to purchase the Product covered by the Purchase Order (confirmation of the Purchase Order).
The Seller agrees under the sales contract concluded in the above-mentioned manner to execute the Purchase Order in accordance with the content of the Purchase Order indicated to the Ordering Party in the Purchase Order acceptance.
All prices are given in Euro (EUR) for the English version of the Store and are net prices, unless explicitly stated otherwise.
The Ordering Party agrees to pay the Price indicated by the Seller plus the applicable VAT rate (if the Ordering Party is a EU VAT payer) together with the costs of the Product delivery.
In the absence of payment of the price and costs indicated in the sentence above, to the Seller, within the required period, the Seller will not execute the Purchase Order and cancel it.

6. Purchase Order delivery time

The deadline for delivery of goods is up to seven business days from the date of the Purchase Order acceptance confirmation.
A Purchase Order placed before 12:00 am on a Business Day is treated as placed on that day.
A Purchase Order placed after 01:00 pm or on Saturday, Sunday or public holiday is treated as placed on the next Business Day.
All Purchase Orders, both in Poland and abroad, are delivered via e-mail (electronic licenses).
The Store is not responsible for the extended delivery time or non-delivery of the Product if this is due to the incorrect or incomplete e-mail address provided by the Customer.
The Seller reserves the right to designate other Business Days on which Purchase Orders will not be executed, provided prior information is placed in the Store.

7. Prices

The Prices posted on the Store's website:
- are given in Euros (EUR),
- are net prices (the applicable VAT amount needs to be added),
- information on the total amount of the Purchase Order is calculated automatically after the Customer chooses the form of delivery and payment, before the Purchase Order confirmation.
The Store reserves the right to make changes in prices and to carry out and cancel any and all types of promotional campaigns and sales.
The price given for each Product is binding at the time of the Purchase Order placement by the Customer.
The prices are binding and cannot be negotiated.
Pursuant to the provision of Art. 589 of the Polish Civil Code, the Product remains the property of the Seller until the Customer pays the full price for the entire Product delivered.
The Seller attaches a proof of sale to each shipment. The proof of sale will be sent electronically to the e-mail address provided during the Account registration.

8. Payments

The Customer may choose the following payment methods for the Products ordered with a delivery on the territory of Poland:
- payment via the DOTPAY service;
- bank transfer to INTALIO’s bank account sent in an e-mail with the Purchase Order acceptance.
DOTPAY transactions are made via and cleared through:
Dotpay Sp. z o.o., with its registered office in Cracow, 30-552 Cracow, ul. Wielicka 28b, registered by the District Court Kraków-Śródmieście in Kraków, XI Economic Department of the National Court Register under number 0000700791, having VAT number 634-26-61-860, EU VAT number PL6342661860, REGON number 240770255.

9. Statutory Warranty

The Seller, pursuant to the provisions of Art. 558§1 of the Polish Civil Code, completely excludes any liability to the Customers under the statutory warranty.

10. Refunds to Customers

In the event of circumstances requiring the Store to return the amounts paid by the Customer to the Store's account, the Store will contact the Buyer by phone or e-mail to agree on the method of refund.
The refund is made within a maximum of 7 Business Days from the date the Customer provides the data necessary to make a refund (address, account number).
The Store is not responsible for:
- failure to refund or delay in the refund, if the Customer, despite the request sent to their e-mail address, does not indicate the bank account number to which the payment is to be made or does not provide the Store with all the data necessary to make the payment,
- failure to refund or delay in the refund, if this was due to the Customer providing incorrect personal data (name, surname, address) or incorrect account number,
- failure to provide information on the refund, if it is caused by reasons attributable to the Customer (e.g. overfilled e-mail box, incorrect phone number, not answering the phone).
The Store is not responsible for blocking by e-mail server administrators of messages sent to the e-mail address provided by the Customer, and for removing or blocking e-mail messages by any software installed on the Customer’s computer.

11. Liability

The Seller is obliged to provide the Product free from any defects.
The Seller's liability covers only the actual damage, in particular the Seller is not responsible for lost profits.
The Seller's total liability for all claims is limited only to the net value of the Purchase Order in relation to which the damage occurred.
The Seller is not liable for the actions or omissions of third parties, including e-mail service providers, Internet service providers, etc.
The Seller is not liable in particular for damages resulting from:
- the Ordering Party's failure to comply with the technical requirements necessary to cooperate with the ICT system used by the Seller;
- inability to access the Website due to reasons beyond the Seller's control;
- Force Majeure;
- failures due to reasons attributable to Internet service providers, failures of the Ordering Party's hardware or software;
- improper use of the Store by the Ordering Party;
- temporary technical break in the Store's operation in the event of planned, periodic servicing or maintenance of the Store's server and software.
The Purchaser will be fully and exclusively responsible for any consequences resulting from their Purchase Order placement that is incorrect or incompatible with the Online Store Rules and from providing incorrect data in the registration form.

12. Special provisions

Data provided by the Customer:
- DETAILS FOR THE ACCOUNT REGISTRATION ON THE WEBSITE:
Business name; first name, last name, e-mail address, account password
- DETAILS REQUIRED FOR THE LICENSE:
Business name, first name, last name, telephone number, e-mail address, company address, city/town, postal code, country
- DETAILS FOR INVOICING
Business name, tax identification number (for EU companies), company address, city/town, postal code, country

The Seller does not charge any fees for communication using means of remote communication. The Buyer bears the costs arising from their contract with the entity providing them with a service enabling remote communication using data transmission between ICT systems.

Types and scope of services provided electronically:
- conclusion of online sales contracts – for Products sold in the Online Store, including electronic licenses,
- Customer Account management,
- sending e-mails,
- newsletter – subscription to the list of recipients is voluntary,
- posting of opinions, comments and ratings of the transaction by the Customer,
- sending e-mail messages in which the Seller confirms receipt of the Purchase Order, receipt of the payment, acceptance of the Purchase Order for execution, the course of the transaction,
- execution of the Purchase Order, processing of any complaints.
The Seller informs that it enters the following data, which is not a component of the service provided electronically, into the IT system used by the Customer:
- Cookies,
- The Online Store sends e-mails and text messages to the Buyer, in which it confirms receipt of the Purchase Order, receipt of any payments, acceptance of the Purchase Order for execution, the course of the transaction and any complaints.
The Seller informs that in order to minimize the risk of infecting the ICT system, the Customer should use an antivirus program and constantly update it to the latest version.

13. Personal data

The Seller is the Data Controller of the data provided by the Customer as a part of the registration or a Purchase Order placement.
The data will be processed for the purpose of execution of the contract for the services provision by the Seller and the sales contracts, as well as any other legally justified purposes of the data controllers or recipients and the purposes to which the Customer agrees (including marketing purposes).
Data is provided on a voluntary basis. The Customer has the right to access the data content, and in particular to correct or update it.

14. Complaints

The Seller is liable to the Customer for non-compliance of the Product purchased in the Store with the Sales Contract.
In the event of a defect in the Product, the Buyer has the right to submit a complaint. This fact must be notified to the Seller within 14 days from the date of finding the defect.
Complaints may be mailed to the Store's address. When submitting a complaint, it is recommended to send all information necessary to consider the complaint, including a proof of purchase.
The Seller will respond to the complaint immediately, but no later than within 14 business days of receipt of the complaint. The Seller's failure to respond within the above term means that the Seller found the complaint justified.
If the Product sold has a defect, the Buyer may demand the Seller to replace the Product with a defect-free one or to remove the defect. The Seller is obliged to replace the Product with a defect-free one or to remove the defect within a reasonable time.

15. Final provisions

The Ordering Party is obliged to immediately notify the Seller about any change in the e-mail address used by them in communication with the Seller.
In the event of liquidation or change of the e-mail address, the Ordering Party needs to ensure that any messages incoming to the old address are forwarded to the new address in order to receive correspondence sent also to the old address. In the event of failure to comply with these obligations, the Seller will not be liable for any damages resulting from the Buyer's failure to read the message.
Recording, securing, making available and confirmation of significant provisions of the Product Sales Contract to the Customer are made by sending confirmation of the Contract conclusion to the Customer’s e-mail address and by adding a VAT invoice or bill to the message.
The content of the concluded Contract is recorded, secured and made available by sending an appropriate e-mail message confirming the Contract conclusion.
The content of the concluded Contract is additionally recorded and secured in the Seller's IT system and made available at each Customer's request.
Information on methods and technical measures for detecting and correcting errors in the data entered:
- Customers who have an account in the Online Store may correct their personal data independently by editing the account profile.
- data verification or correction of the Purchase Order can also be done by sending an e-mail to the Store to the following address: sales@intalioservices.com
- the Customer may change the data entered when establishing the Account at any time within the available options.
In the event of loss of the entrepreneur's status and during the time of the business operations’ suspension, the Ordering Party is not entitled to use the Store, therefore it is obliged to refrain from placing Purchase Orders during such times and to inform the Seller about such circumstances. In the event of loss of entrepreneur’s status, the Ordering Party should immediately unregister from the Store.
Nothing in these Online Store Rules is intended to violate the law.
In the event of any incompatibility of any part of the Online Store Rules with the law in force, the Seller agrees to apply the respective provision of law in place of the contested part of the Online Store Rules.
The registered Buyers will be notified by e-mail about changes to the Online Store Rules (to the e-mail address provided during registration or purchase order placement). The notification will be sent at least 7 days before the new Online Store Rules come into force.
The Buyer agrees to comply with the Online Store Rules accepted by the Buyer when placing the Order both during the Purchase Order execution and throughout the period of after-sales care.
In matters not covered by these Online Store Rules, the relevant provisions of the Polish law shall apply.
The law applicable to any dispute related to the Online Store Rules is the Polish law. Such disputes will be resolved by a competent common court in Poznań, Poland.
These Online Store Rules are available on the Website. Everyone may independently access and read the Online Store Rules.
It is prohibited for the Parties to provide any illegal content.
These Online Store Rules become effective as of 01 July 2020.