October 18, 2024
These Terms and Conditions define the terms and conditions for using the paid and free services provided via the website skicrown.eu. It includes information on how to place an order, the conditions for concluding a contract, payment methods, as well as information on the complaint procedure and all information required by generally applicable law.
Definitions
Terms used in these Terms and Conditions have the following meanings:
General Provisions
These Terms and Conditions constitute the terms of service for the provision of electronic services as referred to in Article 8(1)(1) of the Act on the Provision of Electronic Services and, in particular, define:
The Seller and administrator of the Online Store is the Service Provider.
The Online Store is available in the domain www.skicrown.eu and on the respective subpages operated by the Service Provider.
In any matter related to the order or operation of the Store, you should contact the Seller using the following contact details:
Email: contact@skicrown.eu or via the contact form available within the Store.
The Service Provider provides services electronically based on these Terms and Conditions.
The Terms and Conditions are made available by the Service Provider free of charge in the Store before concluding the contract for the provision of electronic services, and also at the User’s request, in a manner that allows obtaining, reproducing, and recording the content of the Terms and Conditions via the ICT system used by the User.
Before starting to use the Online Store and the services provided electronically, the User is obliged to familiarize themselves with the Terms and Conditions.
The User is obliged to comply with these Terms and Conditions from the moment they begin using the Store and the services provided electronically.
By using the Store and the services provided electronically, the User agrees to the content of the Terms and Conditions and accepts all its provisions, including the conclusion of the agreement for the provision of electronic services without the need for a separate agreement.
The use of the Website and the services provided electronically is allowed only for natural persons with full legal capacity or persons with limited legal capacity who are at least 16 years old. If, according to applicable law, a higher age is required to use the Store and the services provided electronically (in particular, to conclude a sales agreement through the online store), the applicable legal requirements will apply.
Moreover, the use of the Store and the services provided electronically is allowed only for persons acting as Consumers (in particular, purchasing products through the Skicrown.eu online store for the purpose of resale to other third parties – both entrepreneurs and consumers – is prohibited), subject to the provisions of section 8.
Information on Digital Content provided on the Store’s website, particularly their descriptions, technical parameters, and prices, does not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a contract as understood by Article 71 of the Civil Code.
The digital content and other materials, texts, descriptions, videos, graphics, and logos posted in the Store are the property of the Seller or have been used by the Seller with the consent of third parties holding copyright or other intellectual property rights. Copying images and other graphic materials without the Seller’s written consent or that of another third party holding intellectual property rights is prohibited.
It is forbidden to download images and other materials from the Store and use them for marketing or commercial purposes or any other purposes. Using the aforementioned materials without the written consent of the Seller or another third party holding intellectual property rights is unlawful and may serve as grounds for initiating civil and criminal proceedings against those engaging in such actions.
The Client may not make a purchase anonymously or using a pseudonym or incorrect personal data.
The Seller has the right to organize occasional contests and promotions, whose terms and conditions will be provided on the Store’s website each time.
The prices, specifications, and key characteristics of each Digital Content, along with important information about their properties, are indicated next to the presented Digital Content.
Conditions for the Provision of Electronic Services
To properly use the Store and services provided electronically, the following are necessary:
To place an order in the Store, apart from the requirements specified in point 1, an active email account is also required.
Before using the Service, the Client must check if their device meets the technical requirements specified in the Terms and Conditions.
Concluding Contracts and Fulfilling Orders
The Client can place an order and then conclude an Agreement through the Order Form on the Store’s website by filling in the Order Form to the extent necessary to finalize the order.
Orders in the Store can be placed 7 days a week, 24 hours a day, except for situations beyond the Seller’s control (force majeure).
To effectively place an order, the Client must:
The Client is aware and understands that by clicking the “Buy and Pay” button, they conclude an Agreement with the Seller, which entails the obligation to pay on the part of the Client.
To place an order, it is necessary to provide the following data in the forms:
An order submitted by the Buyer constitutes a declaration of intent by the Buyer to conclude a Sales Agreement with the Seller in accordance with the provisions of these Terms and Conditions.
The Client can also optionally provide comments on the order.
The Client can modify the order within the Service until the “Buy and Pay” button is activated.
If the Client wants to receive a VAT invoice, they must indicate their tax identification number (NIP) in the Order Form. The VAT invoice will be sent to the email address provided by the Client, to which the Client agrees.
The Client makes the payment by choosing one of the payment methods available in the Store.
After placing an order, the Seller promptly confirms the receipt of the order from the Client. The confirmation of the order by the Seller is made by sending an email containing confirmation of all the important elements of the order to the email address provided by the Client.
The email constitutes confirmation of the conclusion of the Sales Agreement between the Seller and the Client.
The Agreement is deemed concluded upon the receipt by the Client of the email confirming all the key elements of the Sales Agreement.
The Seller reserves the right not to fulfill the order in the following cases:
The Seller will provide the Consumer or Entrepreneur with Consumer Rights with confirmation of the consent given by the Consumer or Entrepreneur with Consumer Rights to deliver Digital Content in circumstances causing the loss of the right to withdraw from the contract if such consent has been given by them.
Prices
Prices of Digital Content listed in the Store are shown in two currencies: on the Polish language page, prices are listed in Polish złoty (PLN), and on the English and German language pages, prices are listed in Euros (EUR).
All prices are gross prices, which means they include all applicable taxes, including the Goods and Services Tax (VAT), as required by applicable law.
The Seller does not use mechanisms for individual price adjustments in the Store based on automated decision-making.
The Seller provides information about the lowest price of the Digital Content that applied during the 30 days preceding the price reduction.
If the Digital Content has been offered for sale in the Store for less than 30 days, the Seller also displays the information about the lowest price of the Digital Content that applied from the date the Digital Content was first offered for sale to the date of the price reduction.
Forms of Payment
The available payment methods are specified in the Store at the time the Customer expresses their will to conclude the Agreement.
The following payment methods are available, supported by the Stripe payment operator:
For each Order, a receipt or VAT invoice (either personal or for a company) is issued.
Complaints Regarding Payments
A Customer may file a complaint regarding a Payment. Complaints are handled according to the rules of the Payment Operators. The day of payment is considered the day when the Seller’s bank account is credited.
Delivery of Digital Content and Changes to Digital Content
Delivery of Digital Content is done via the internet in electronic form.
Due to the nature of the product being sold, the purchase of Digital Content can only be completed after pre-payment.
The Buyer gains access to the Digital Content through a link/links sent to the Buyer’s email address provided during the order process.
The Seller processes orders for Digital Content and grants the Buyer automatic access to the Digital Content after the payment authorization. An order containing Digital Files is processed once the Seller receives confirmation of full payment from the Stripe payment operator.
Digital Content is considered delivered when the Digital Content or the means to access or download the Digital Content is made available to the Customer.
If the fulfillment of the order is not possible, the Seller will inform the Buyer of the situation by sending an email to the address provided by the Buyer during the order process. In the case of pre-payment by the Buyer for such an order, the Seller will refund the payment to the bank account from which the payment was made.
The Seller may impose time limits on access to certain Digital Content (e.g., access to specific Digital Content may only be available for 3 months). If time limits are imposed, the Seller will clearly indicate the duration for which the Buyer will have access to the specific Digital Content under the concluded Agreement.
The Seller is entitled to make changes to the Digital Content during the term of the Agreement, except for Digital Content that is provided in a one-time delivery.
Changes to Digital Content acquired by a Consumer or an Entrepreneur with Consumer Rights can be made under the following conditions:
The Seller will inform the Consumer or Entrepreneur with Consumer Rights clearly and understandably about the changes made.
Digital Content may or may not include additional services such as access to a support group related to the purchased Digital Content, an online meeting with the Seller or other individuals, participation in additional webinars, etc. All such additional services are incidental to the Seller’s main obligation.
License
All intellectual property rights to the Digital Content belong to the Service Provider or the entities from whom the Service Provider has acquired the right to include them under licensing agreements. This applies in particular to texts, graphics, photos, sounds, music, videos, interactive features, articles, news, sketches, animations, and stickers (hereinafter referred to as “Works”).
The Buyer may use the Digital Content solely for personal purposes.
The Buyer, under no circumstances, has the right to share or sell the Digital Content or any of its adaptations under their own label, incorporate Digital Content or its fragments into their own products or services that they make available or sell, or engage in any similar income-generating activities using the Digital Content.
If the Buyer wishes to use the Digital Content in their business or professional activity, they are required to contact the Seller to obtain a paid license for the Digital Content by sending an email to the Seller’s address. To enter into such a contract, the Buyer should propose a licensing agreement by informing the Seller, in particular, of the purposes for which they intend to use the Digital Content and the expected duration of use.
Any breach of the provisions of the License Agreement on Digital Content entitles the Service Provider to immediately terminate the License Agreement by submitting a termination statement to the User via the email address provided by the Customer in their Account.
Right of Withdrawal
In accordance with Article 27 of the Consumer Rights Act, the Consumer or an Entrepreneur with Consumer Rights has the right to withdraw from this contract within 14 days without giving any reason and without incurring any costs, except for the costs specified in paragraph 9.
The right of withdrawal does not apply to the Consumer in situations specified in Article 38 of the Consumer Rights Act, particularly if the contract concerns the delivery of digital content not supplied on a tangible medium, for which the Consumer is obligated to pay the price, if the Service Provider started providing the service with the explicit prior consent of the Consumer, who was informed before the service began that after its performance by the Service Provider, they would lose the right to withdraw from the contract, and the Service Provider confirmed receiving the Consumer’s consent and confirmed the conclusion of the contract. In such a case, the right of withdrawal will not apply to the Consumer.
The Client does not have the right to withdraw from the Agreement without providing a reason, provided the conditions set out in paragraph 2 above have been met. Thus, starting to use the Digital Content or Service before the expiration of the 14-day withdrawal period results in the loss of the right to withdraw from the Agreement.
If the User wishes to exercise their right of withdrawal, they may use the form provided in Appendix 1 to the Terms and Conditions, sending the completed statement to the Service Provider’s registered office address or via email to contact@skicrown.eu. To meet the deadline, it is sufficient to send the statement before the deadline expires.
In the event of withdrawal from the contract, the Service Provider will refund the Consumer or Entrepreneur with Consumer Rights all payments received from them.
The refund will be made using the same payment methods used by the Consumer or Entrepreneur with Consumer Rights in the original transaction unless the Consumer or Entrepreneur with
Consumer Rights has explicitly indicated another solution.
The Consumer or Entrepreneur with Consumer Rights will not incur any fees related to the refund.
Possible costs associated with the Consumer’s withdrawal from the contract that the Consumer is required to bear include:
Consumer Rights
A User who is a Consumer may use out-of-court complaint and redress methods. The User who is a Consumer is entitled to the following:
The Service Provider also informs that, according to EU Regulation No. 524/2013 on online dispute resolution for consumer disputes, Consumers have the right to resolve disputes with businesses that enter into online sales contracts or service contracts through out-of-court means via the EU’s online dispute resolution platform. Complaints can be submitted via the form available at: http://ec.europa.eu/consumers/odr/. The Service Provider reserves that for reasons beyond its control, the above procedure may not be available to Consumers in a given EU member state, which depends on the legislation of the specific country.
Provisions of these Terms and Conditions less favorable to the Consumer than the provisions of generally applicable consumer protection law are void, and the provisions of generally applicable law apply in their place. These Terms and Conditions do not intend to exclude or limit any Consumer rights granted to them by non-waivable provisions of law, and any doubts are interpreted in favor of the Consumer.
Provisions of these Terms and Conditions concerning the Consumer also apply to a User who is a natural person concluding a contract directly related to their business activity when the nature of this contract indicates that it does not have a professional nature for the person, based on the business activity subject matter, made available in accordance with the regulations on the Central Register and Information on Business Activity.
Personal Data Protection
Personal data of Users are processed within the Store in accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and other generally applicable laws.
Detailed information about the purpose, manner, and scope of processing Users’ personal data via the Store, the rights of Users in connection with the processing of their personal data, and the types of cookies used in the Application are contained in the Privacy Policy and Cookie Policy.
Complaints and Withdrawal from the Sales Agreement
Complaints
The Service Provider is obliged to deliver the User a product that conforms to the contract.
In the case of a product that does not conform to the contract, the User is entitled to claim remedies against the Service Provider according to the generally applicable laws, particularly the Consumer Rights Act (Articles 43c-43f and Articles 43l-43q).
A complaint may be submitted by the User:
It is recommended that the User provides the following information in the complaint description:
These recommendations are optional and do not affect the effectiveness of complaints submitted without the recommended complaint description.
The Service Provider will respond to the User’s complaint without undue delay, no later than 14 calendar days from the date the complaint is submitted. If the User exercising their rights under the warranty requests the replacement of the product or the removal of the defect, or submits a statement about price reduction or withdrawal from the contract, and the Seller does not respond to this request within 14 calendar days, the request is considered justified.
A Client exercising their warranty rights is obliged to deliver the defective product without undue delay to the address: ul. Cechowa 63, 30-614 Kraków, Poland. The cost of delivering the product is borne by the Service Provider. If, due to the nature of the product or the manner of its installation, delivering the product by the User would be excessively difficult, the User is obliged to make the product available to the Service Provider at the location where the product is situated.
Special Provisions Regarding Pre-Sales
The Service Provider may offer specific products in pre-sale. Pre-sale is a process that allows ordering a product before its planned introduction to the retail market.
The estimated availability date of the product is provided in its description on the Service Provider’s website. However, this date is only an estimate based on the Service Provider’s best knowledge and may change due to circumstances beyond the Service Provider’s control.
The delivery period for a product sold in pre-sale is up to 5 business days; however, the start of this period begins on the day the product becomes available in the Service Provider’s warehouse.
Payment is made after placing the order in accordance with point 14.3 above.
Force Majeure Events
Force Majeure means any action or event beyond the reasonable control of the Service Provider, including, but not limited to, strikes, restrictions related to an epidemic, or other third-party protest actions, social unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (whether declared or not) or threats or preparations for war, fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics, or other natural disasters, or failures of public or private telecommunications networks.
In the event of a Force Majeure Event that affects the fulfillment of the Service Provider’s obligations under the sales contract:
Provisions for Entrepreneurs
All provisions of this section apply solely to and bind only Buyers who are not Consumers or natural persons entering into a contract directly related to their business activity when, from the content of the contract, it follows that it does not have a professional nature for them based on the business activity subject matter made available in accordance with the regulations on the Central Register and Information on Business Activity.
The Seller’s liability for product defects or non-conformity of the product with the Sales Agreement is excluded.
In the event of receiving a complaint from a Buyer, the Seller has 30 days to respond to its content.
The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the chosen payment method and the fact of concluding a Sales Agreement.
The Seller’s liability towards the Buyer is limited to the price paid and the delivery costs under the Sales Agreement. This limitation applies regardless of the legal basis of the Client’s claim, whether under a single claim or all claims in total.
The liability limitation referred to in paragraph 5 above applies to all claims directed by the Client towards the Seller, including in cases where no Sales Agreement is concluded or claims unrelated to the Sales Agreement. The Seller’s liability towards the Buyer includes only typical foreseeable damages at the time of concluding the contract. The Seller is not liable for lost profits or delays in the shipment of the product.
All disputes between the Seller and the Buyer will be submitted to the court having jurisdiction over the Seller’s registered office.
Amendment of the Terms and Conditions
The Service Provider reserves the right to unilaterally amend the Terms and Conditions for important reasons, particularly:
The Service Provider will notify the User of any amendments to the Terms and Conditions with 14 days’ notice before the change takes effect by publishing the new Terms and Conditions on the Store’s website.
The User has the right to terminate the agreement for the provision of electronic services within 14 days from the date they are notified of the amendment of the Terms and Conditions. If the User does not exercise their right to terminate the agreement for the provision of electronic services within the period specified above, the User becomes bound by the amended Terms and Conditions.
The User may submit a statement of termination of the agreement for the provision of electronic services by sending it to the Service Provider’s registered office or via email to contact@skicrown.eu.
Final Provisions
Any trade names listed in the Store are protected trademarks, and their use may only take place with the consent of the Service Provider.
In accordance with Article 6(1) of the Act on the Provision of Electronic Services, the Service Provider informs that using the Store may involve risks characteristic of services provided electronically, particularly the risk of malware installation by third parties, phishing for passwords, or other activities aimed at identity theft. At the same time, the Service Provider informs that it has taken all necessary measures to minimize the aforementioned risks.
Recognition of individual provisions of these Terms and Conditions as invalid or unenforceable under applicable law does not affect the validity or enforceability of the remaining provisions of the Terms and Conditions. In place of the invalid or unenforceable provision, other provisions that are closest to the purpose of the invalid or unenforceable provision and the entire Terms and Conditions will apply, provided they are compliant with applicable law.
In the case of any disputes with Users who are not Consumers, arising from the services provided electronically, the competent court for their resolution will be the court having jurisdiction over the Service Provider’s registered office.
The provision of electronic services is governed by Polish law and falls under the jurisdiction of Polish courts competent for the Service Provider’s registered office. The preceding sentence does not apply to contracts with Consumers insofar as separate legal provisions provide otherwise for the protection of Consumers’ rights.
In matters not regulated in these Terms and Conditions, the provisions of the Act on the Provision of Electronic Services, the Civil Code, and other mandatory legal provisions will apply.
These Terms and Conditions are effective from the date of their publication in the Application.
Appendices:
Appendix 1 – Sample Withdrawal Form for the Consumer’s Withdrawal from an Agreement for the Provision of Electronic Services
Appendix 1 – Sample Withdrawal Form for the Consumer’s Withdrawal from an Agreement for the Provision of Electronic Services
To the Service Provider: SPORT CROWN, a Simple Joint-Stock Company with its registered office in Kraków, at ul. Cechowa 63, 30-614 Kraków, entered into the National Court Register of Entrepreneurs by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS number: 0000980538, REGON: 522528903, NIP: 6793243047.
Details of the User: Name: _______________________________________________
Email address: _______________________________________________
Address: _______________________________________________
I hereby withdraw from the agreement for the provision of electronic services involving:
Comments/Reason (optional):
Date:
Signature: