Regulations of the BitGit Studio Website
These regulations, hereinafter referred to as the "Regulations", specify the rules for the provision of electronic services via the website operating on the website www.bitgit.pl and the rules for the provision of other services offered on this Website.
These regulations have been prepared on the basis of applicable law, and in particular the provisions:
the Act of 23 April 1964 Civil Code (consolidated text, Journal of Laws of 2017, item 459);
the Act of 18 July 2002 on the provision of electronic services (consolidated text of 24/06/2017, Journal of Laws 2017, 1219);
Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014)
the Act of 4 February 1994 on copyright and related rights (i.e. from 05.05.2017 Journal of Laws 2017.880);
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (hereinafter the GDPR).
The terms used in these Regulations have the following definitions:
Service provider - BitGit Studio with headquarters in Warsaw
Website - the website located at the electronic address www.bitgit.pl owned and operated by the Service Provider.
Store - an online store that is part of the Website, operating at the electronic address https://www.bitgit.pl/store/, being the property of the Service Provider, through which it sells Products or Services.
User / Service Recipient - a natural person who has an Account on the Website who is at least 18 years old and has full legal capacity or a legal person acting through an authorized representative or an organizational unit without legal personality, which the law grants legal capacity, using the Website, the Services in making purchases in the store. If the User / Service Recipient is a natural person with limited legal capacity, he undertakes to obtain the legally effective consent of his legal representative to conclude the Contract / Agreement related to the Order and to provide the Service Provider with such consent at his every request.
Consumer - a natural person using the Services provided by the Service Provider as part of the Website or making purchases in the Store for a purpose not related directly to his business or professional activity.
Order - the Customer's declaration of intent made through the Website leading to the conclusion of a sales contract or contract for the provision of services without the simultaneous presence of the parties using the Basket (order form), preceded by the choice of the number of Products or Services that are available in the Store or Website offer and the choice of payment method .
Contract / Contract related to the order - a contract concluded between the Service Provider and the Service Recipient regarding the provision of the Service category chosen by the User, including the contract concluded as a result of placing an Order in the Store, using means of distance communication, a contract of sale of a specific Product or the provision of a specific Service offered for through the Store. A detailed description of individual Products or Services that may be the subject of the Agreement is available on the Website of the Store or Store.
Cart (order form) - electronic service - a form available on the Website, through which the Customer places an Order for a Product or Service by adding them to the Cart and determining the payment rules.
Registration - the act of providing the required Data, including personal data, necessary to create an Account for the User or place an Order.
Registration Form - an electronic form available on the Website for the Registration of a Service Recipient, enabling the creation of an Account.
Account - an electronic service, created and maintained by the Service Provider after Registration, an individual Account on the Website www.bitgit.pl, i.e. the set of resources in the Service Provider's IT system marked by the login and password, in which the Service Provider's data and information about the submitted information are collected. Orders and through which he may use the Services provided as part of the Website, including placing an Order for a Product or Service.
Data - User's data, including personal data, collected as part of the User's Account, which are processed by the Service Provider - as the administrator of this data - in order to conclude and perform the Contract / Agreement related to the order in order to fulfill the legal obligation of the Service Provider and to purposes resulting from legitimate interests pursued by the Service Provider.
Price - unit price of the Service or Product included in the description of the Service or Product, expressed in Polish zlotys and including VAT tax;
Payment - payment of the amount due for the Service or Product ordered.
Guest - a person using the Website without an Account.
Newsletter - an electronic service that contains information in particular about Products and Services, as well as new products offered on the Website and which is sent by the Service Provider to Users to the e-mail address provided by them, with their express consent.
Parties - Service Provider and Service Recipient / User.
The regulations also specify:
The Service Provider via the Website and the conditions for their provision;
conditions for concluding and terminating Agreements;
The User acknowledges that the Services are provided using an ICT system that provides processing and storage, as well as sending and receiving data through telecommunications networks, in accordance with the wording of the Act of 18 July 2002. on the provision of electronic services.
Using the Website is free, with the exception of Services or Products, which the Service Provider has clearly marked as paid by providing the Price in their description.
The Service Recipient is forbidden to provide illegal content. Based on Article. 14 paragraph 2 and 3 of the Act on the provision of electronic services, the Service Provider, in the event of receiving an official notification of the unlawful nature of the stored data provided by the Service Recipient or in the event of obtaining reliable information about the unlawful nature of the data provided by the Service Recipient, prevents access to such data.
The Service Recipient is obliged to refrain from actions that violate the rights of other Service Recipients or third parties.
The content of the Website is the property of the Service Provider and is protected in accordance with applicable law.
Use of the Website should be in accordance with the provisions of these Regulations and applicable law.
Trade names, names, descriptions or trademarks published on the Website are protected by law. Any use thereof may only take place with the prior written consent of the authorized. Any violation of these rights by the User may result in claims for damages of authorized entities.
In order to properly use the Website and all its functionalities, it is necessary to meet the technical requirements in the form of: having a device with Internet access, having an e-mail account, as well as installing Internet Explorer version 10 or higher on the device, Microsoft Edge version 40 or higher, Google Chrome version 58 or higher, Mozilla Firefox version 50 or higher, Opera version 44 or higher, or Safari version 9 or higher. In the web browser used by the User, to avoid technical problems in using the Website, including Services, cookies should be enabled.
The Service Provider indicates that he makes reasonable efforts to ensure Users safety of using the Website, however he informs that using the Website may involve the occurrence of standard threats related to the Internet.
Types and scope of Services provided
The Service Provider provides electronic services via the Website free of charge, including:
enabling the User to set up an Account and maintaining User Accounts on the Website, including enabling the User to access the Account,
providing the Basket (order form) enabling the addition of a Product or Service to the electronic Basket and enabling the use of the order form,
enabling viewing of content posted on the Website,
sending the Newsletter after starting Services in this area and subscribing to the Newsletter.
Descriptions of individual Paid Services provided by the Service Provider to the Customers, available for orders via the Store as well as individual Products / applications, detailed conditions for their provision and delivery, as well as the Prices of individual Products or Services are set out on the Store's website, which is part of the Website.
To the extent that services are provided by entities cooperating with the Service Provider, e.g. in the scope of payment services, relevant provisions regarding the use of these services are included in the regulations defining the rules for the provision of services by these entities.
Registration on the Website and Account maintenance agreement
In order to fully use the functionality of the Website, including purchases of Products or Services, the User must register and create an Account on the Website.
In order to register and create an Account, it is necessary for the Customer to provide the following data: User name, Password, e-mail address.
The Service Recipient is obliged to provide true data and bears full responsibility in this respect.
In order to prevent the automatic creation of accounts by Internet programs (robots), the Service Provider uses the Google reCAPTCHA mechanism during the registration process to check whether the User's behavior is not indicative of robot behavior.
As soon as the Registration Form on the Website has been correctly completed by providing the data indicated in paragraph 3 above and clicking "Register my account" is completed Registration.
After the Registration, the Service Provider will provide, to the e-mail address provided by the Customer in the Registration Form, confirmation of the Registration along with the link activating the Account.
Account activation by the Service Recipient consists in clicking on the link sent. At this time, a Service Agreement is concluded between the Service Recipient and the Service Provider for an indefinite period, consisting in maintaining the User's Account on the Website.
The provision of the service referred to in paragraph 8 above, begins with the conclusion of the contract. Registration and account maintenance service on the Website is free.
Pursuant to the Agreement referred to in this paragraph, the Service Provider undertakes to:
maintaining the User's Account on the Website and enabling the use of its available functions, including the functions specified in paragraph 1 of this paragraph;
enabling logging in to the Website;
enabling Orders to be placed in the Store;
After creating the Account, the User may use all the available functions of the Website, and in particular may:
place Orders for Products and Services offered as part of the Website;
browse photos placed in galleries kept on the Website.
The account password is confidential. It is forbidden to share the password with third parties, unless the Service Recipient is an entrepreneur who makes his Account available to persons operating within the organizational structure of his enterprise. To ensure proper protection of the Password, the User should change it at least once a month.
The Service Recipient who has registered has the option of logging into the Website and their Account using the form available on the Website. Logging in requires entering the User name and Password and clicking the "Log in" button. In addition, the Service User may log in to the Website via Microsoft, Facebook, Twitter, LinkedIn or Google
Users may not make their Account available to third parties.
The Service Recipient may terminate the Account maintenance agreement concluded for an indefinite period, referred to in paragraph 8 or in paragraph 10 of this paragraph, subject to a 14-day notice period. The contract may be terminated by sending a relevant statement to the address of the Service Provider's headquarters or to the Service Provider's email address. The Service Provider will confirm the termination of the contract by sending an e-mail to the Customer's e-mail address. After the expiry of the notice period, the Service Provider will delete the Customer's Account, of which he will notify him by sending relevant information to the e-mail address provided by the Customer during the Registration.
The Service Provider may terminate the contract with immediate effect if the User grossly violates the provisions of the Regulations, in particular when he provides unlawful content or uses the Website in a manner contrary to the law or decency and despite a call to cease violations within a 14-day period, the User shall not will comply with the call. Information on termination will be sent to the e-mail address of the Service Recipient together with the reasons for termination. After termination of the contract, the Service Provider will remove the Customer's Account from the Website.
In the event of termination of the Agreement by the Service Provider in connection with the breach of the Regulations by the Service Recipient, this Service Recipient may only re-register only with the Service Provider's prior consent.
The price of the ordered Product or Service is visible on the Store's website next to the description of the given Product or Service. It is given in Polish zlotys and contains all components, including VAT. About data on the total Price including taxes due, as well as about other costs, and when it is not possible to determine the amount of these fees - about the obligation to pay them - the Customer is informed in the Store when placing the Order. In addition, for some Products offered in the Store, a detailed Price description also indicates the Price / fee for extending the contract for the next 12 months (e.g. renewal of the license for a given Product).
The Service Provider has the right to grant Users special discounts (by granting discount codes) and to carry out promotions on the terms each time provided on the Website of the Store. In such cases, the Product Price changes are effective from the moment they are placed on the Website / Store and do not apply to orders that were placed before they were placed.
If the promotions are related to the rebate code, the condition for using the promotion is the necessity to provide the rebate code when placing the Order. The discount codes have a validity period specified in them, during which the Customer may take advantage of the discount.
Payment methods and dates
Payment of the Price takes place after placing the Order. After placing the Order, the Service Recipient is redirected to the internet payment service of his choice, if he has chosen this method of payment.
The Service Provider enables the Customer to choose the following payment methods for ordered Products / Services:
payment by bank transfer to the Service Provider's bank account
payment via online banking via PayPal - electronic transfer or a payment card;
If the Customer chooses the payment method referred to in paragraph 2 point 1), the Service Recipient is obliged to make the payment within 7 days from the day of concluding the Agreement.
If the Customer chooses the payment method referred to in paragraph 2 point 2), the Customer is obliged to make the payment within 7 days from the day of concluding the Agreement. For this payment method, the payment service is carried out by PayPal (Europe) S.à r.l. & Cie, S.C.A with its registered office at L-1150 in Luxembourg. Payment is made in the manner indicated by the Customer. Details and terms of payment via PayPal are available on the website www.paypal.com. If the Customer chooses this payment method, the Customer will be redirected outside the Store's website to make a payment.
Subject to paragraph 8 of this paragraph, the delivery of the ordered Product or the commencement of the Service specified in the Order takes place immediately after the payment is credited to the Service Provider's bank account and - due to the nature of the Services provided to the User, as well as the characteristics of the Products offered on the Website, which are digital content and which are not saved on a tangible medium - after the Service Provider has received explicit consent to perform a fully ordered Service or the Service Provider delivers a Product covered by the order, containing digital content that is not stored on a tangible medium, before the 14-day deadline to withdraw from agreement. A statement covering the above consent is made by the User when placing an Order by checking the appropriate checkbox containing the content of the consent and information on the loss of the right to withdraw from the Agreement before clicking on the "Order with payment obligation" button. The submission of the above statement by the Customer is confirmed in accordance with § 4 para. 10 of these regulations.
If the Service Recipient does not agree to the Service Provider performing the Service fully ordered or to provide the Product covered by the order, containing digital content that is not saved on a tangible medium, before the 14-day deadline to withdraw from the Agreement, i.e. not marked by User above checxbox, the Service Provider starts providing the Service or delivers / makes available the Product after the payment of the Price is credited to the Service Provider's bank account and after 14 days of withdrawal from the Agreement.
Execution of the Order by delivering the Product / application takes place by providing the Customer with the ordered Product / application to download from the Website of the Service from the Shop / Purchase Management tab visible on the User's Account and does not involve additional fees.
If the Customer is a Consumer, the Service Provider sends a VAT invoice at his request.
Customers agree to issue and send VAT invoices in electronic form to the e-mail address provided in the registration form. In order to receive a paper invoice, the Service Recipient should submit a request to the Service Provider in this regard.
The Service Recipient has the right to use the ordered Product / application for the period specified each time in the description of the Product / application, counting from the day it was made available to the Service Recipient by the Service Provider.
In the case of term licenses, the Service Recipient has the right to extend the license to use the ordered Product / application for the next period (license renewal). License renewal requires the payment of money (Price) for the next period of use of the Product / application in the amount specified in the current description of the given Product / application made available on the Website / Store. The Service Provider on the User's Account in the tab https://www.bitgit.pl/clients/purchases/ and https://www.bitgit.pl/clients/orders/ - 30 days before the expiry of the license period - places information about the possibility of its extension for another period by payment of the cash payment indicated on the pro forma invoice within the time limit specified in that invoice. Failure to pay the amount due for the extension of the license shall result in the expiry of the license at the end of its period of validity.
As part of the license obtained, the User has the right to use the Product / application for the indicated period of time in accordance with its intended purpose, including:
download from the Website of the Website (from the Store / Purchase Management tab visible on the User's Account) elements of the ordered Product / application enabling display of electronic data (digital content);
use of the Product / application in accordance with its intended purpose resulting from the description of the Product / application.
In the scope of normal use of the ordered Products / applications, in accordance with their intended purpose, subject to the exceptions provided for by applicable law, the following does not include:
copying a Product / application;
making changes to the Product / application;
dissemination, including the lending and rental of the Product / application or a copy thereof.
Using the Product / application beyond the limits of the license authorization constitutes a violation of the copyright of the Service Provider by the User and results in the User's legal liability in this respect.
If the User violates the license terms, the Service Provider may terminate - with immediate effect - the Agreement concluded with the User regarding the ordered Product / application. In the event of termination, the User is obliged to immediately cease using the Product / application and permanently remove it from its IT resources. Notwithstanding the above, the Service Provider has the right to assert against the User claims provided for by law, including claims for infringement of copyright.
The right to withdraw from the Agreement
A consumer who has entered into a distance or off-premises contract may withdraw from it without giving any reason within 14 days of its conclusion.
To meet the deadline referred to above, it is sufficient to send a statement of withdrawal from the Agreement before its expiry to the e-mail address.
The statement may be made on the form, a specimen of which is attached to these Regulations, but the use of the form is not mandatory.
In the event of withdrawal by the Consumer from the Agreement, this Agreement is considered void.
The right to withdraw from the contract is not entitled in the cases specified in art. 38 of the Act of 30 May 2014 on Consumer Rights, including with regard to contracts for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller he will lose the right to withdraw from the Agreement, as well as in relation to contracts for the supply of digital content that are not saved on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him of the loss of the right to withdraw from the Contract.
Regardless of the Registration on the Website, it is possible to use the Newsletter Service if the Service Provider begins to provide such a service, about which he will inform Users by posting an appropriate message on the Website.
Subject to paragraph 1 of this paragraph, it is possible to subscribe to the Newsletter service when registering, as well as through its separate order by using the "Subscribe to Newsletter" option. The Newsletter service consists in sending by the Service Provider information related to the functioning of the Website and Products / applications or Services offered as part of the Store in the form of e-mail messages to the addresses of people subscribed to the Newsletter.
The Service Provider provides the Newsletter service on the basis of the Newsletter Regulations, which will constitute an attachment to these Regulations. The Newsletter sending service is provided for an indefinite period. However, the user may opt out of it at any time, without giving a reason. Resignation from this service may occur by sending relevant information to the Service Provider, in particular via e-mail to the e-mail address or by clicking on the link provided in the Newsletter.
The Service Provider is obliged to provide the User with a Product / application free from defects.
The legal basis and the scope of the Service Provider's liability to the Service User if the Product / application has a physical or legal defect (warranty) is specified in the law, including art. 556-576 of the Civil Code.
The Service Recipients have the right to lodge complaints regarding matters regarding ordered Products / applications or Services provided by the Service Provider as part of the Website. The complaint may be submitted in particular by e-mail to the e-mail address.
The complaint may be submitted on a form, a template of which is attached to these Regulations, however, the use of the form is not mandatory.
The Service Provider recommends the Service Recipient to indicate in the complaint information about the subject of the complaint, in particular the type of defect and the date of its occurrence and requesting how to bring the Product / application into compliance with the Agreement or making a statement about the reduction of the Price or withdrawal from the Agreement, which will speed up the complaint handling process. The above indications are only recommendations and do not affect the effectiveness of the complaint.
The Service Provider will consider the complaint and respond to it no later than within 14 days of its receipt. If the Service Provider does not respond to the complaint within the above-mentioned period, it is considered that the Service Provider considered the complaint justified.
The Service Recipient undertakes to provide the Service Provider with the necessary information indicated by him, enabling the removal of defects or errors in the delivered Product / application.
Amicable settlement of disputes
The ODR platform is available on the website http://ec.europa.eu/consumers/odr, created on the basis of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 2013 on the online system of settling consumer disputes and amendments Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes). The ODR platform is an access point for consumers and entrepreneurs enabling them out-of-court settlement of disputes covered by the abovementioned Regulation.
In the event of a dispute between a Consumer and a Service Provider regarding a complaint submitted by a Consumer, the Consumer may use extrajudicial means of dealing with complaints and redress. The consumer may, in particular, submit a request to initiate mediation or review the case by an arbitration court, or use the assistance of a poviat (municipal) consumer ombudsman.
Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress are available, among others on the website of the Office of Competition and Consumer Protection www.uokik.gov.pl, as well as on the websites of the Provincial Inspectorates of Trade Inspections.
Service Provider's liability
The Service Provider is not liable for damages resulting from the use of the Website by Users in a manner inconsistent with the law or the Regulations.
The Service Provider has the right to temporarily disable the functioning of the Website in connection with technical or updating works carried out. The Service Provider will notify Users about the date of the planned break in the functioning of the Website and its duration by an appropriate message posted on the Website.
The Service Provider has the right to transfer the rights to the Website, except that the Service Provider has the right to assign to third parties the rights and obligations arising from Agreements concluded through the Website with Users - without the need to obtain their separate consent, and in the case of contracts concluded with Users who are Consumers - for their separate consent.
The Service Provider is not responsible for the content of advertisements and announcements of third parties.
Intellectual Property Rights
The Service Provider informs that the Website contains Products, documents, materials and elements that may be protected by intellectual property rights, in particular trademark rights and copyrights.
The Service Provider has the proprietary rights to the copyrighted materials (including graphic elements) used on the Website's website and originating from the Service Provider.
The Service Recipient undertakes not to infringe intellectual property rights, which may occur in particular by copying or otherwise using all or part of the elements used on the Website's website.
The Service Recipient is not entitled to make available the Products / applications or Services that the Service Provider provides pursuant to the Contract related to the Order to third parties. The Service Recipient may also not use the Products or Services in question as a template to develop similar Services or Products / applications.
The breach of the intellectual property rights by the Service Recipient may result in claims against him by authorized persons.
Change of Regulations
The Service Provider has the right to amend these Regulations. The Service Provider will notify Users about changes by publishing relevant information on the Website and by sending relevant information to the e-mail address provided by each of the Service Users when registering. Amendments to the Regulations will be published on the Website in the form of a uniform text of the Regulations.
The amendment to the Regulations comes into force on the date specified by the Service Provider, which will not be less than 14 days from the moment of making the amended Regulations available on the Website.
Due to the fact that the service related to the Account is continuous, the amended Regulations bind the User if the User within 14 days from the date of receiving by e-mail the information referred to in paragraph 1 does not declare that he does not accept the introduced changes to the Regulations.
Orders placed before the entry into force of the new Regulations are carried out on the basis of the provisions in force on the date of placing the Order.
In the event of changes to the Regulations, the Service Recipient has the right to terminate the Agreement / Agreements if he does not accept the new provisions. The contract may be terminated with a 14-day notice period, by sending an appropriate statement to the address of the Service Provider's registered office or the Service Provider's email address. The Service Provider will confirm the termination of the Agreement by sending an e-mail. After the expiry of the notice period, the Service Provider will delete the Customer's Account, of which he will notify him by sending relevant information to the e-mail address provided by the Customer during the Registration.
If the Customer uses paid Website Services and terminated the Agreement in connection with the amendment to the Regulations, he will be refunded part of the Price paid after placing the Order. The amount due to be reimbursed will be calculated in such a way that the Service Provider determines the ratio of the period during which the Agreement was actually performed to the period during which the Agreement would be performed had it not been terminated. The fraction obtained in this way will be the basis for calculating the fee due to the Service Provider. The Service Provider will refund the Recipient the difference between the fee paid after placing the Order and the fee due calculated in the manner indicated above.
Users' personal data
Users' personal data are processed by the Service Provider as the Administrator of personal data.
Providing Users' personal data is voluntary, but necessary in order to set up an Account on the Website, use the Services provided by the Administrator and purchase Products / applications or Services via the Store available on the Website. Therefore, personal data is processed in order to conclude and perform contracts for the provision of Services between Users and the Administrator, including contracts related to purchases made by Users in the Store. Data processing is necessary to conclude and perform these contracts.
The service provider applies appropriate technical and organizational measures to ensure the security and protection of personal data being processed.
The User has the following rights with respect to his personal data processed on the Website, which can be implemented in accordance with the provisions of the GDPR:
the right to request access to personal data,
the right to rectify personal data,
the right to delete personal data,
the right to limit the processing of personal data,
the right to object to the processing of personal data,
the right to transfer personal data,
the right to withdraw your consent to the processing of personal data,
the right to lodge a complaint to the supervisory body in the field of personal data protection, i.e. the President of the Office for the Protection of Personal Data in the event of the processing of personal data in violation of the provisions on the protection of personal data, including the GDPR.
In matters not covered in these Regulations, the provisions of Polish law shall apply.
These Regulations are available on the website of the Website www.bitgit.pl in an electronic version, enabling the Service Recipients to read its provisions and printing it out and is provided free of charge to the Service Recipient (by electronic means) at his every request, after sending relevant information to the e-mail address mail.
Disputes arising between the Service Provider and the Customer who is a Consumer, are submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
Disputes arising between the Service Provider and a User who is not a Consumer shall be subject to the court having jurisdiction over the Service Provider's seat.