DDBIM Shop

DDBIM.PL ONLINE STORE – TERMS OF SALE

Section 1. General Provisions

  1. These Terms of Sale (hereinafter referred to as “ToS”) govern the terms and conditions of using the DDBIM online store on https://shop.ddbim.pl/ (hereinafter referred to as the “Store”).
  1. These ToS shall be deemed as terms of sale as referred to in Section 8 of the Electronically Supplied Services Act of 18 July 2002 (hereinafter referred to as the “Electronically Supplied Services Act”).
  2. The store is the property of Dawid Dyrcz operating business under the business name DDBIM Dawid Dyrcz at Aleja Armii Krajowej 143/7b, 43-300 Bielsko-Biała, on the basis of a record in the Polish Central Business Registration and Information Service, Tax Identification Number (NIP): 5472135313, Business Statistical Number (REGON): 387820950 (hereinafter referred to as the “Seller”).
  3. You can contact the Seller:
    • By email at: support@ddbim.pl;
    • By postal mail to Dawid Dyrcz Aleja Armii Krajowej 143/7b, 43-300 Bielsko-Biała
  4. The information about the Products available on the Store, in particular their descriptions, technical parameters, performance characteristics and prices, is deemed to be an invitation for you to make an agreement for the supply of digital content within the meaning of Article 71 of the Civil Code of 23 April 1964 (hereinafter referred to as the “Civil Code”).
  5. You must read these Terms of Sale and the Privacy Policy before using the Store.

Section 2. Definitions

Any capitalized words and terms used in these Terms of Sale shall have the following meanings:

  1. Business Day means a day that is not a public holiday within the meaning of the Public Holiday Act of 18 January 1951;
  2. Customer or you means the User or Buyer;
  3. Civil Code has the meaning defined in Section 1(6) of these ToS;
  4. Consumer means an individual making a legal transaction with the Seller which is not directly related to their business or professional activity;
  5. Buyer means a person that is a Consumer, Entrepreneur, or Entrepreneur with Consumer’s Rights that has made an Agreement for the Supply of Digital Content with the Seller or has taken steps intending to make that Agreement;
  6. License has the meaning defined in Section 7(1) of these ToS;
  7. Privacy Policy means the document containing information about processing personal data by the Seller;
  8. Products mean any digital content not recorded on an intangible medium and available in the Store, in particular, license keys that enable the Customer to use the application;
  9. Entrepreneur means an individual, a legal person or an organizational unit without legal personality that is granted legal capacity by specific provisions of law and that is conducting business or professional activity in their own name;
  10. Entrepreneur with Consumer’s Rights means an individual conducting business or professional activity in their own name that has made an Agreement with the Seller directly related to their business activity (provided that the business activity is not of professional nature for them) resulting in particular from the objects of their business activity;
  11. ToS has the meaning defined in Section 1(1) of these Terms of Sale;
  12. Seller or we, us or our has the meaning defined in Section 1(3) of these ToS;
  13. Agreement means the Agreement for the Supply of Digital Content or Account Agreement;
  14. Agreement for the Supply of Digital Content means an agreement for the paid delivery of a Product provided to and selected by the Buyer in the Store;
  15. Account Agreement means an agreement for electronically supplied services within the meaning of the Electronically Supplied Services Act; the subject-matter of that Agreement is opening and maintaining a User account by the Seller for an indefinite period of time;
  16. Consumer Rights Act means Consumer Rights Act of 30 May 2014;
  17. Electronically Supplied Services Act has the meaning defined in Section 1(2) of these ToS;
  18. User means a person that is a Consumer, Entrepreneur, or Entrepreneur with Consumer’s Rights that has made an Account Agreement with the Seller or has taken steps intending to make that Agreement;
  19. Order means the Buyer’s statement made for the Seller of the number and type of Products the Buyer wishes to purchase.

Section 3. Technical Requirements

  1. If you want to take advantage of all the functionalities of the Store, you must meet all the following conditions:
    • Have an Internet connection;
    • Have hardware enabling you to access Internet resources;
    • Use a web browser that enables you to display hypertext documents; it must be connected to the Internet via a web-based service, support the JavaScript programming language and accept cookies;
    • Have an active e-mail account.
  2. You must not use any viruses, bots, worms or other computer codes, files or programs (in particular, process automation scripts and applications or other code, files or tools) within the Store.
  3. We use cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular, to prevent unauthorized access to data; such securities include SSL encryption, use of access passwords and anti-virus or anti-wanted software.
  4. Despite applying the safeguards referred to in Subsection 3 above, we cannot guarantee that using the Internet and electronic services will be free of risk of malware gaining access to the ICT system or your device or free of risk of unauthorized persons gaining access to the data stored on this device. To minimize that risk, we recommend using anti-virus programs or other means preventing your identification on the Internet.

Section 4. Terms of Use

  1. You agree to use the Store in compliance with generally applicable law, these Terms of Sale and good mores.
  2. Providing unlawful content is prohibited.

Section 5. Placing Orders

  1. All the prices of Products available in the Store are expressed in euros (EUR) and polish zloty (PLN) and represent net value (they do not include all mandatory price components, including applicable VAT).
  2. If you want to buy a Product, you must:
    • Go to the Store website;
    • Open the tab of a given product and click “Add to cart”;
    • Open the tab “Cart” and click “Proceed to checkout”;
    • Enter or select the following details in the form displayed:
      • First name
      • Surname
      • Billing address (street, house number, apartment number, city, postal code, country);
      • Email address;
      • Tax Identification Number (if you are an Entrepreneur or an Entrepreneur with Consumer’s Rights (NIP, EU VAT Number etc.));
  3. You must tick the checkbox next to the statement acknowledging that you have read the Terms of Sale and Privacy Policy and you accept them;
  4. You must tick the checkbox next to the statement acknowledging that you agree to have the digital content supplied and as such, you waive your right to withdraw from the agreement.
  5. Optionally, you may tick the checkbox next to the statement acknowledging that you agree to receive emails from the Seller with marketing information about new products, promotions and events;
  6. Click the “Buy and pay” button and then pay for the Product using the selected payment method.
  7. You may pay for the Product:
    • By transfer using PayPal payment system;
    • By credit card using the Stripe payment system.
    • By transfer using PayU payment system;
  8. If you click the “Buy and pay” button, you make an Agreement for the Supply of Digital Content with the Seller.
  9. After placing an Order, you will receive an order confirmation e-mail to the provided e-mail address.
  10. Immediately after the payment is credited to our bank account, we will provide you with the purchased Product by sending it to the email address you provided.

Section 6. The License.

  1. At the moment you are provided with the Product, we are granting you a non-exclusive license to use it (“License”).
  2. The License:
    • Is granted for a fixed period of time of 30 days, 60 days, 90 days, 1 year, 2 years, 3 years or perpetually;
    • Is granted worldwide;
    • Gives you the right to use the Product solely for your own private or commercial purposes.
  3. Using the Product in contrary to the terms and scope of the License is prohibited and it constitutes an infringement of the Seller’s economic copyrights.

Section 7. Complaints about Products

  1. The Seller shall provide the Buyer with the statutory warranty if the Product purchased by the Buyer has a physical or legal defect. Buyer’s rights under the statutory warranty shall be executed as specified in Section 556 et seq. of the Civil Code, subject to Section 9 hereof.
  2. If you want to make a complaint regarding defects in the Product, you should email the following information to the address indicated in Section 1(4)(a) of these ToS:
    • Buyer’s full name;
    • Telephone number;
    • E-mail address;
    • Order number;
    • Order date;
    • The Product in question (if it may be attached to the message);
    • Your request (whether you wish the Product to be replaced with a defect-free one or you want the defect to be removed; if none of these is possible, you may ask for a price reduction or withdraw from the Agreement for the Supply of Digital Content).
  3. Your complaint will be handled within 14 days from the date we receive the complaint containing all the elements indicated in Subsection 3 above. If you do not receive any response within the period specified in the preceding sentence, it means we found your complaint well-founded.
  4. We will send you the response to your complaint by email.
  5. If it is not possible to remove a defect from the Product or to replace it with a Product free from defects, we will inform you that you have the right to demand a partial refund or withdraw from the Agreement for the Supply of Digital Content. Depending on your choice, we will give you a partial or full refund for the defective Product within 14 Business Days from the day you choose one of the options we offer.
  6. You may not withdraw from the Agreement for the Supply of Digital Content if a defect in the Product is insignificant.

Section 8. Complaints about Electronically Supplied Services

  1. You can make a complaint if the Seller provides electronic services contrary to these ToS, which results in particular in a malfunction of the Store or any of its elements.
  2. If you want to make a complaint for reasons specified in Subsection 1 above, you should email the following information to the address indicated in Section 1(4)(a) of these ToS:
    • User’s full name;
    • E-mail address;
    • A description of the faults, if any.
  3. Section 8(5) and Section 8(6) hereof shall apply accordingly to the complaint referred to in Subsection 3 above.

Section 9. Seller’s Intellectual Property

  1. All components of the Store, in particular:
    • The Store name;
    • The Store logo;
    • Photos and descriptions of Products;
    • Terms of operating Store’s website, all its graphic elements, interface, software, source code and databases are protected pursuant to of the Act on Copyright and Related Rights of 4 February 1994, the Industrial Property Rights Act of 30 June 2000 and other generally applicable laws, including European Union laws.
  1. Any use of Seller’s intellectual property without Seller’s prior express consent is prohibited.

Section 10. Data Privacy

Information about processing personal data by the Seller can be found in the Privacy Policy available on: https://www.ddbim.pl/privacy-policy/

Section 11. Out-of-Court Dispute Resolution

  1. The provisions of this Section 11 shall apply only to Customers that are Consumers.
  2. There are various out of court complaint and redress mechanisms available to the Customer.
  3. Detailed information about out-of-court complaint and redress procedures and how to initiate them is available in the registered offices of the following institutions and on the websites:
    • District (municipal) consumer advocates, social organizations whose statutory activities include consumer protection;
    • Regional Inspectorates of Trading Standards Association;
    • Office of Competition and Consumer Protection.
  4. You may also use the online dispute resolution (ODR) platform available on: http://ec.europa.eu/consumers/odr/.

Section 12. Modifications of ToS:

  1. We may amend these ToS if:
    • Our objects change;
    • Technical modifications to the Store are made that require these ToS to be adapted;
    • We have a legal obligation to make some modifications, including the obligation to adapt the ToS to the current legal status.
  2. We will inform the Customer of any modifications of these ToS by publishing the updated ToS on the Store’s website at least 14 days before the modifications take effect. The amended version of these ToS will be sent to the Users by e-mail by the date mentioned above.
  3. Any Agreements for the Supply of Digital Content made before the effective date of the amended ToS shall be governed by the provisions of the then effective ToS.
  4. If you do not accept the changes to the ToS, you may terminate the Account Agreement with immediate effect before the changes to the ToS take effect. To do so, you have to delete your account. If you do not send your notice, it shall be deemed as your consent to the provision of electronic services by the Seller in compliance with the non-profit amended ToS.

Section 13. Final Provisions

Last updated: 24th November 2022.