Terms and Conditions

Terms and Conditions of the AJIT.pl shop

Version 1.0, effective from [data publikacji]

Thank you for taking the time to read the legal documents of our shop. We have tried to write these terms and conditions in language that is as simple as possible — if anything is still unclear, write to us and we will reply.

§1. General provisions and definitions

  1. The online shop available at https://ajitecom.eu/ (hereinafter: the Shop) is operated by Adam Jasiński, conducting business activity under the name AJIT Adam Jasiński, ul. Bojowników 25, 07-410 Ostrołęka, NIP: 7582272911 (hereinafter: the Seller).
  2. The Seller can be contacted:
    1. by e-mail, at: ajit@ajit.pl;
    2. by post, at: AJIT Adam Jasiński, ul. Bojowników 25, 07-410 Ostrołęka;
    3. through the contact form available in the Shop.
  3. These Terms and Conditions set out the rules for using the Shop, placing orders, concluding contracts for the supply of digital content (PrestaShop modules) and contracts for the provision of services, as well as the rules on licensing, payments, complaints and withdrawal from the contract.
  4. The Terms and Conditions are made available free of charge in the Shop in a manner that allows them to be read, downloaded, stored and printed.
  5. Definitions:
    1. Customer — a natural person with full legal capacity, a legal person or an organisational unit with legal capacity, who uses the Shop or enters into a contract with the Seller;
    2. Consumer — a Customer who is a natural person and performs a legal transaction with the Seller that is not directly related to their business or professional activity;
    3. Entrepreneur with consumer rights — a Customer who is a natural person and enters into a contract directly related to their business activity where it follows from the content of the contract that it is not of a professional nature for them; the provisions of the Terms and Conditions concerning the Consumer also apply to them, insofar as the provisions of law so provide;
    4. Module — software (digital content) created by the Seller, intended for installation in an online shop based on PrestaShop software, supplied in electronic form (ZIP package);
    5. Service — an IT service provided individually by the Seller (e.g. installation, implementation, modification, work in the Customer’s shop);
    6. License — a non-exclusive, perpetual license to use the Module, on the terms described in §7;
    7. Account — a free electronic service: the Customer’s individual panel in the Shop, enabling, among other things, placing orders and access to order history, invoices and purchased files.

§2. Technical requirements

  1. To use the Shop you need: a device with Internet access, an up-to-date web browser with support for JavaScript and cookies, and an active e-mail account.
  2. The technical requirements of individual Modules (in particular the supported versions of PrestaShop and PHP) are given on the product page in each case. The Modules are created and tested for original, unmodified versions of PrestaShop software. Incorrect operation of a Module in an environment that does not meet the requirements given on the product page, or in significantly modified software, does not constitute a lack of conformity of the Module with the contract, provided that these requirements were communicated to the Customer before the purchase.

§3. Electronic services in the Shop

  1. The Seller provides the following electronic services free of charge: maintaining the Account, the shopping cart, the contact form and — for persons who have subscribed — the newsletter.
  2. The contract for maintaining the Account is concluded upon registration and for an indefinite period. The Customer may at any time, without giving a reason, request the deletion of the Account by contacting the Seller; this does not affect sales contracts already concluded.
  3. You can unsubscribe from the newsletter at any time — via the unsubscribe link in the message or by contacting the Seller.
  4. The Customer is prohibited from providing unlawful content.
  5. Complaints concerning the operation of the electronic services may be submitted in any form, preferably by e-mail. The Seller replies to them within 14 days.

§4. Placing orders and concluding the contract

  1. The information presented in the Shop constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code (Kodeks cywilny).
  2. An order is placed by adding the selected Modules or Services to the cart and then going through the ordering process, in which the Customer provides the data necessary for fulfilment, selects the payment method and confirms the order by clicking the button indicating an obligation to pay.
  3. The Customer is informed of the total price of the order (including VAT) before placing the order.
  4. After placing the order, the Customer receives an e-mail confirming its receipt. The contract is concluded when the Seller confirms acceptance of the order for fulfilment, by a message sent to the Customer’s e-mail address.
  5. A VAT invoice is issued for every order, delivered in electronic form to the Customer’s e-mail address and available in the Account. Acceptance of the Terms and Conditions includes consent to receiving invoices by electronic means.
  6. Failure to pay within 7 days of placing the order means that the Customer’s offer ceases to be binding and the order is cancelled.

§5. Prices and payments

  1. Prices in the Shop are expressed in Polish zloty and include VAT (gross prices); where indicated, the net price is also shown.
  2. Available payment methods:
    1. electronic payments via the operator tpay (Krajowy Integrator Płatności S.A., plac Andersa 3, 61-894 Poznań) — BLIK, instant online bank transfer, payment card, Google Pay, Apple Pay;
    2. traditional bank transfer to the Seller’s bank account given on the “Payment and delivery” page and in the order confirmation; at the Customer’s request (the note “Proforma” in the order comment) the Seller issues a pro forma invoice.
  3. Electronic payments are processed in accordance with the terms and conditions of the operator tpay. The Seller neither receives nor stores the Customer’s payment card data or online banking login data.

§6. Delivery of Modules and performance of Services

  1. Modules are digital content supplied exclusively in electronic form, without a physical medium. Delivery is free of charge and not subject to territorial restrictions.
  2. Once the payment has been booked, the Seller delivers the Module by making a file available for download: the link is sent to the Customer’s e-mail address, and the file is also available in the Account (Order history). From that moment the Module is deemed delivered.
  3. In the case of electronic payment, delivery takes place without delay after the payment has been booked; in the case of a traditional bank transfer — without delay after the payment has been credited to the Seller’s account, usually within 1 business day.
  4. Services are performed individually — after the contract is concluded, the Seller contacts the Customer to agree on the scope and the time of performance.
  5. The Seller supplies the updates to the Module necessary to keep it in conformity with the contract for the period required by the provisions of law. Information about available updates is provided to the Customer by e-mail or in the Account.

§7. License

  1. Upon delivery of the Module, the Seller grants the Customer a non-exclusive, perpetual license to use the Module for one installation of a PrestaShop shop (one production domain). Using the Module additionally in a test or development environment of the same shop does not require a separate license.
  2. The License includes the right to:
    1. install and use the Module in accordance with its intended purpose within one shop referred to in paragraph 1;
    2. make backup copies for one’s own needs;
    3. modify the code of the Module for the needs of one’s own shop covered by the License (e.g. adapting its appearance); the Seller is not liable for the consequences of modifications made by the Customer or third parties.
  3. The License does not include the right to: resell, rent, lend or otherwise make the Module available to third parties, grant sublicenses, publicly distribute the Module or its code (in original or modified form), or use the Module or parts of it to create products intended for distribution.
  4. Using the Module in further shops (domains) requires the purchase of separate Licenses.
  5. The Modules do not contain remote-lock mechanisms, time limits or hidden communication with the Seller’s servers for the purpose of license control. The License granted to the Customer does not expire with the passage of time.
  6. The License does not transfer to the Customer the economic copyright in the Module. The Customer undertakes not to remove the authorship information from the Module’s code.

§8. Conformity with the contract and complaints

  1. The Seller is obliged to deliver a Module that conforms to the contract and is liable to the Consumer and to the Entrepreneur with consumer rights for any lack of conformity of the digital content with the contract under the rules set out in the Act of 30 May 2014 on Consumer Rights (ustawa o prawach konsumenta), for any lack of conformity existing at the time of delivery and becoming apparent within two years of that time.
  2. In the event of a lack of conformity of the Module with the contract, the Consumer may demand that it be brought into conformity with the contract and, in the cases provided for by the Act, submit a statement on reducing the price or withdrawing from the contract.
  3. A complaint may be submitted in any form, preferably by e-mail to the address given in §1. It is worth stating in the report: the order number, a description of the problem (including the PrestaShop and PHP versions and error messages), the date it occurred and the preferred way of resolving the matter — this will make the examination easier and faster, but it is not a condition for the complaint to be effective.
  4. The Seller responds to a complaint without delay, no later than within 14 days of receiving it. Failure to respond within that time means that the complaint is deemed accepted.
  5. Any funds owed to the Consumer are refunded without delay, no later than within 14 days, by the same method the Consumer used to pay, unless the Consumer expressly agrees to a different method of refund.

§9. Right of withdrawal from the contract

  1. A Consumer who has concluded a distance contract may, as a rule, withdraw from it within 14 days without giving a reason, by submitting a statement of withdrawal to the Seller (e.g. by e-mail). The Consumer may use the form constituting an annex to the Terms and Conditions, but this is not mandatory.
  2. The right of withdrawal does not apply to a contract for the supply of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has begun performance with the Consumer’s express and prior consent, the Consumer having been informed before performance began that after the digital content has been supplied they will lose the right of withdrawal and having acknowledged this, and the Seller having provided the Consumer with a confirmation of the conclusion of the contract together with information about that consent.
  3. In the process of ordering Modules, the Consumer gives the consent referred to in paragraph 2 by ticking the relevant box. Without this consent, the Module will be delivered after the period for withdrawal from the contract has expired, unless the Consumer withdraws from the contract earlier.
  4. Similarly, the right of withdrawal does not apply to a contract for the provision of Services if the Seller has fully performed the Service with the Consumer’s express and prior consent, the Consumer having been informed before performance began that once it has been completed they will lose the right of withdrawal and having acknowledged this.
  5. In the event of effective withdrawal, the contract is deemed not to have been concluded, and the Seller refunds the payments without delay, no later than within 14 days of receiving the statement, by the same payment method that the Consumer used.

§10. Out-of-court complaint handling and redress mechanisms

  1. Using out-of-court dispute resolution methods is voluntary. The Consumer may, among other things: apply to the permanent consumer arbitration court at the Trade Inspection (Inspekcja Handlowa), apply to the voivodeship inspector of the Trade Inspection for mediation, and also use the free assistance of the county (municipal) consumer ombudsman or of social organisations protecting consumers.
  2. Detailed information is available on the website of the Office of Competition and Consumer Protection (UOKiK): uokik.gov.pl.

§11. Personal data and cookies

  1. The controller of the Customers’ personal data is the Seller. The rules for the processing of personal data and for the use of cookies are described in the Privacy Policy available in the Shop.

§12. Intellectual property

  1. All rights to the Shop and to the Modules offered in it — including economic copyright, rights to the name, logos, descriptions, graphics and documentation — belong to the Seller. The Seller declares that they are the author of the Modules offered, unless the product page expressly indicates otherwise.
  2. Using this content beyond the scope of permitted use and of the License granted requires the Seller’s consent.

§13. Provisions concerning Customers who are not Consumers

  1. The provisions of this section apply solely to Customers who are neither Consumers nor Entrepreneurs with consumer rights.
  2. On the basis of Article 558 §1 of the Civil Code (Kodeks cywilny), the Seller’s liability under the statutory warranty for defects (rękojmia) is excluded.
  3. The Seller’s liability towards the Customer, regardless of its legal basis, is limited to the amount of the price paid by the Customer under the contract to which the claim relates and covers only actually incurred damage, excluding lost profits — unless the damage was caused intentionally.
  4. Disputes with the Customers referred to in paragraph 1 are resolved by the court competent for the Seller’s registered office.

§14. Final provisions

  1. In matters not regulated by the Terms and Conditions, the provisions of Polish law apply, in particular the Civil Code (Kodeks cywilny), the Act on Consumer Rights (ustawa o prawach konsumenta) and the Act on Copyright and Related Rights (ustawa o prawie autorskim i prawach pokrewnych). The choice of Polish law does not deprive the Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
  2. The Seller may amend the Terms and Conditions for important reasons: a change in the provisions of law, a change in the payment or delivery methods, a change in the scope or manner of providing electronic services. The Seller announces the change in the Shop and, to Customers who hold an Account, also by e-mail, at least 14 days before the changes enter into force. Contracts concluded before the change are governed by the Terms and Conditions in the wording applicable at the time the contract was concluded.
  3. Previous versions of the Terms and Conditions are available on request and [w Sklepie, pod niniejszym dokumentem].

Annex: model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

Addressee: AJIT Adam Jasiński, ul. Bojowników 25, 07-410 Ostrołęka, e-mail: ajit@ajit.pl

I, the undersigned, hereby inform you of my withdrawal from the contract for the supply of the following digital content / for the provision of the following service: ..........
Date of conclusion of the contract: ..........
Name of the consumer: ..........
Address of the consumer: ..........
Order number: ..........
Signature (only if this form is notified on paper): ..........
Date: ..........