Terms and Conditions of the Online Shop - www.atavismonline.com
I. General provisions
- These Terms and Conditions specify the general conditions, the method of supplying the services electronically and sale conducted via the Online Shop at www.atavismonline.com. The Shop is operated by Dragonsan Studios sp. z o.o. with its registered office in Warsaw, Aleja Komisji Edukacji Narodowej 36/112B, 02-797 Warsaw, registered in the National Court Register by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under the number KRS 0000660049, Tax Identification Number (NIP): 5213765019, National Register of Business Entities number (REGON): 366407353, share capital: PLN 5,000.00, hereinafter referred to as the Operator
- The Operator may be contacted by:
- telephone: +48 22 122 82 86.
- These Terms and Conditions are permanently available on the website www.atavismonline.com, which allows to acquire them, display and fix their content by printing it or saving to a data carrier at any time.
- The Operator hereby informs that using electronically supplied services may be connected with a risk for any Internet user which involves the possibility that malicious software may be introduced to the Customer’s ICT system and that their data may be acquired and modified by unauthorized persons. In order to avoid the risk of such events the aforementioned Customer should apply appropriate technical measures which minimize their occurrence, in particular antivirus software and a firewall.
The terms used herein have the meaning as follows:
- Business Days – days from Monday to Friday excluding public holidays;
- Customer – a natural person with legal capacity, a natural person conducting business activity, a legal person or organisational unit not being a legal person, vested with legal capacity by specific provisions, which places the Order within the Online Shop or uses other Services available in the Online Shop;
- Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);
- Account – a part of the Online Shop allocated to a given Customer where the Customer may perform specific operations within the Online Shop;
- Seller - Xsolla (USA), Inc. with its registered office in Sherman Oaks, CA 91403, https://support.xsolla.com/;
- Consumer - the Customer who is a consumer within the meaning of Article 22(1) of the Civil Code.
- Entrepreneur - the Customer who is an entrepreneur within the meaning of Article 43(1) of the Civil Code.
- Terms and Conditions – this document;
- Goods – a digital product presented in the Online Shop, the description of which is available with each of the presented products;
- Selling Agreement – the Agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services - the services provided by the Seller for the benefit of the Customers, supplied electronically within the meaning of the Act of 18 July 2002 on electronically supplied services (Journal of Laws No. 144, Item 1204 as amended);
- Consumer Rights Act – the Act of 30 May 2014 on the rights of consumers (Journal of Laws 2014, No. 827);
- Electronically Supplied Services Act – the Act of 18 July 2002 on electronically supplied services (Journal of Laws No. 144, Item 1204 as amended);
- Order – the Customer’s declaration of will leading directly to the conclusion of the Selling Agreement, specifying in particular the type and quantity of the Goods.
III. The principles of using the Online Shop
- The Online Shop may be used provided that the ICT system used by the Customer meets the following minimum technical requirements:
- a computer or mobile device with access to the Internet,
- access to electronic mail,
- an web browser: Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later,
- The use of the Online Shop means any operation of the Customer which leads to their becoming familiar with the content presented in the Shop.
- The Customer is obliged in particular:
- not to provide and transfer any content prohibited by the provisions of law, e.g. the content promoting violence, defamatory or infringing personality rights and other rights of third parties,
- to use the Online Shop in a manner which will not disrupt its functioning, in particular by the use of specific software or hardware,
- not to perform activities such as: sending or placing unsolicited commercial information (spam) within the Online Shop,
- to use the Online Shop in a manner not causing inconveniences for other Customer and the Seller,
- to use any content presented in the Online Shop only for their own personal use,
- to use the Online Shop in a manner consistent with the provisions of the law applicable at the territory of the Republic of Poland, with the provisions of the Terms and Conditions, and also with the general rules for the use of the Internet.
- Via the Online Shop, the Operator allows to use the Services free of charge provided by the Seller 24 hours a day, 7 days a week.
- The Customer may obtain commercial information from the Seller in the form of messages sent to the electronic mail address the Customer provided (the Newsletter service). For that purpose it is necessary to provide a correct electronic mail address or activate an appropriate field in the registration form or in the Order form. The Customer may withdraw their consent for sending commercial information at any time. The agreement for the provision of the Newsletter service is concluded for an indefinite period and terminates when the Customer submits a request to remove their email address from the Newsletter subscription or if they unsubscribe with the link included in the body of the message sent as part of the Newsletter service.
- The Operator has the right to organise occasional competitions and promotions, the terms of which will be provided on the Shop’s web pages in each case. Promotions in the Online Shop do not combine, unless the Terms and Conditions for a specific promotion provide otherwise.
- In the event of the Customer’s breach of the provisions of these Terms and Conditions, the Seller, upon an ineffective request to discontinue or cure of the breach within an indicated reasonable period, may terminate the agreement for the provision of the Services upon 14-days’ notice.
V. Procedure for the conclusion of the Selling Agreement
- Information about the Goods provided on the Shop’s web pages, in particular their descriptions, technical and utility parameters and prices constitute an invitation to the conclusion of the Agreement within the meaning of Article 71 of the Civil Code.
- To place the Order, an active email account is required.
- In the case of the Order placed via the Order form available on the website of the Online Shop, the Order is placed with the Seller by the Customer electronically and constitutes an offer for the conclusion of the Selling Agreement for the Goods which are the subject of the Order. The offer submitted electronically is binding for the Customer if the Seller sends, to the electronic mail address provided by the Customer, a confirmation of acceptance of the Order, which constitutes the Seller’s declaration of acceptance of the Customer’s offer, and the Selling Agreement is concluded as soon as the Customer receives it.
- The Selling Agreement is concluded in English and its content complies with the Terms and Conditions.
- The Goods are delivered after logging into the license panel in the Online Shop and downloading the Goods from the web page indicated by the Seller.
- On the Shop’s web pages, in the descriptions of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and deliver it, and also about the charges for delivery of the Goods.
- The time of delivery and completion of the Order is specified in Business Days according to section VII(2).
- Along with the Goods, the Seller delivers the VAT invoice for the delivered Goods.
- If for the Goods included in the Order different completion times have been specified, for the whole Order the longest of the completion times will apply.
VII. Prices and payment methods
- The Goods’ prices are provided in US dollars and cover all the components, including the VAT, customs duties and other charges.
- The Customer may make the payment electronically (in this case the execution of the Order will commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives the information from the clearing agent’s system that the Customer has made the payment, whereas the shipment will take place immediately after the Order is completed).
- The Seller informs the Customer on the Shop’s web pages about the time within which they are obliged to make the payment for the Order. In the absence of the Customer’s payment within the time referred to in the preceding sentence, the Seller may, upon an ineffective request for payment within an indicated reasonable period, withdraw from the Agreement under Article 491 of the Civil Code.
VIII. The right to withdraw from the Agreement
- The Consumer’s right to withdraw from the Agreement is excluded in the case of the agreement for the provision of digital content which is not stored on a physical carrier, if the provision of the service started at the express consent of the Consumer before the lapse of the period allowed for withdrawal from the Agreement and after the Consumer has been informed by the Seller about the loss of the right of withdrawal from the Agreement.
IX. Complaints regarding the Goods under the statutory warranty
- The Operator undertakes to deliver the Goods free of defects.
- The Operator is liable to the Customer, including to the Customer being a Consumer, under the statutory warranty for defects in accordance with the principles specified in Article 556 – 576 of the Civil Code.
- For the purposes of consideration of the complaint, the Customer should send or deliver the Goods subject to the complaint, along with the proof of purchase, if possible. The Goods must be delivered or sent to the address indicated in section 3.
- The Operator undertakes to consider each complaint within 14 days.
- If any deficiencies are found in the complaint, the Seller will request the Customer to supplement it as necessary without delay, not later however than within 7 days from the date of receipt of the request by the Customer.
X. Complaints in respect of electronically supplied services
- In the complaint, the Customer should provide their name and surname, address for correspondence, type and description of the problem.
- The Operator undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within that period about the time when the complaint will be considered. If any deficiencies are found in the complaint, the Operator will request the Customer to supplement it as necessary within 7 days from the date of receipt of the request by the Customer.
- The Goods may have the warranty provided by the manufacturer, Operator or the importer.
- In the case of the Goods covered by warranty, the information concerning the existence and content of the warranty and the time for which it has been granted is always presented in the description of the Goods on the web pages of the Shop.
XII. Extrajudicial means to settle complaints and pursue claims
- The Customer being a Consumer has, among others, the following possibilities to use extrajudicial means to settle complaints and pursue claims:
- they have the right to submit a request with the amicable consumer court which operates at the Trade Inspection to settle a dispute arising from the concluded Selling Agreement;
- they have the right to submit a request with the Voivodeship Inspector of the Trade Inspection to initiate mediation procedure on the amicable settlement of the dispute between the Customer and the Seller.
- they may submit their complaint via the EU web platform ODR, available at: http://ec.europa.eu/consumers/odr/.
XIII. Protection of personal data
XIV. Final provisions
- Any rights pertaining to the Online Shop, including property copyright, intellectual property rights to its name, internet domain, website of the Online Shop, and also to the forms, logotypes, belong to the Operator, and they may be used solely in the manner specified and compatible with the Terms and Conditions.
- Any disputes arising between the Operator and the Customer being a Consumer will be referred for settlement by competent courts in accordance with the stipulations of the relevant provisions of the Code of Civil Procedure.
- Any disputes arising between the Operator and the Customer being an Entrepreneur will be referred for settlement by a competent court of proper jurisdiction for the registered office of the Operator.
- The matters not provided for in these Terms and Conditions are governed by the provisions of the Civil Code, the provisions of the Electronically Supplied Services Act, the provisions of the Consumer Rights Act and other relevant provisions of the Polish law.