Terms of Service
This translation is provided for information only. The legally binding version is the Polish original: Regulamin (Polish).
Table of contents
4. General rules of using the services
6. Website Use Service Agreement
10. Liability of the Service Provider
11. Complaints concerning the Digital Deliverable
12. Intellectual property of the Service Provider
13. Processing of personal data
14. Out-of-court dispute resolution
15. Changes to the Digital Service
§ 1.
General provisions
- These terms of service (hereinafter: the “Terms”) set out the rules and conditions of using the “Bazy.biz” website operating at https://www.bazy.biz (hereinafter: the “Website”) and the services provided by the Service Provider.
- The Terms are the terms and conditions referred to in Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means (hereinafter: the “Act on Providing Services by Electronic Means”).
- The services are provided by Michał Woźniak, conducting business under the name HEXGRID Michał Woźniak (principal place of business: ul. Bagienna 36C, 70-772 Szczecin, Poland), entered in the Polish Central Register and Information on Economic Activity (CEIDG), tax identification number (NIP): 9552112428, statistical number (REGON): 320190228 (hereinafter: the “Service Provider”).
- The Service Provider can be contacted:
- by e-mail at: biuro@hexgrid.pl;
- by post at: ul. Bagienna 36c, 70-772 Szczecin, Poland;
- by phone at: +48 537 357 057.
- The information about the Service Provider’s services available on the Website, in particular their descriptions, technical and functional parameters and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Polish Act of 23 April 1964, the Civil Code (hereinafter: the “Civil Code”).
- Before starting to use the Website, the User is obliged to read the Terms and the Privacy Policy.
§ 2.
Definitions
Capitalised terms used in the Terms have the following meaning:
- Database – a data resource made available through the Website’s functionalities, containing data on legal persons and persons conducting business activity, originating from Polish public registers, including the KRS, CEIDG and GUS registers that publish data on legal persons or persons conducting business activity, as well as from the websites of those entities;
- Price List – a document or information specifying the current price of the Digital Service and of the Website Use Service Packages;
- Data – information available in the Website’s resources concerning legal persons and persons conducting business activity;
- Civil Code – the term defined in § 1(5) of the Terms;
- Consumer – a natural person performing a legal transaction with the Service Provider that is not directly related to that person’s business or professional activity;
- Account – a panel created in the Website’s IT system that enables the User to use its functionalities, including the Account Service;
- Non-conformity – the non-conformity of the Digital Deliverable with the Agreement for its supply (the criteria for assessing the conformity of the Digital Deliverable with the Agreement for its supply are set out in Article 43k(1)-(2) of the Consumer Rights Act);
- Trial Period – a period during which the User is entitled to use the Services free of charge in order to become familiar with the Website’s functionality;
- Subscription Period – the period for which the Service Provider makes the Website Use Service available to the Customer in accordance with the Price List and the Package selected by the Customer;
- Subscription Fee – a fee paid by the Customer in advance in exchange for the Website Use Service, determined in accordance with the Price List in force at the time of ordering;
- Review – the Customer’s opinion on the Website Use Service, including a description of the Customer’s experience of using the above services;
- Package – a set of specific Services offered by the Service Provider through the Website; the currently available Packages and their fees are shown in the Price List;
- Privacy Policy – a document containing information on the processing of Customers’ personal data by the Service Provider;
- Digital Deliverable – the Account Service or the Website Use Service;
- Entrepreneur – a natural person, a legal person or an organisational unit without legal personality to which specific legal provisions grant legal capacity, conducting business or professional activity in its own name;
- Entrepreneur with Consumer Rights – a natural person conducting business or professional activity in their own name who has concluded with the Service Provider an Agreement directly related to their business activity, where that Agreement is not of a professional nature for that person, in particular in view of the subject of their business activity;
- Terms – the term defined in § 1(1) of the Terms;
- Content – all data (including personal data), electronic files, information and materials saved by the User in the Account;
- Agreement – the Account Service Agreement and the Website Use Service Agreement;
- Account Service Agreement – an agreement for the supply of a digital service within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to supply the Account Service to the User free of charge for an indefinite period, and the User undertakes to provide the Service Provider with their data, including personal data;
- Website Use Service Agreement – an agreement for the supply of a digital service within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to supply the Website Use Service to the Customer; the conclusion of the Website Use Service Agreement is conditional on the prior conclusion of the Account Service Agreement;
- Digital Service – the Account Service and the Website Use Service;
- Account Service – a digital service within the meaning of the Consumer Rights Act, consisting in the creation and maintenance of an Account for the User by the Service Provider;
- Website Use Service – a digital service within the meaning of the Consumer Rights Act, consisting in the Service Provider enabling the Customer to use the Website’s functionalities, namely: access to the Databases, receiving an ordered Compilation, creating Compilations independently, searching for Data and downloading Data;
- Customer – a client using the Website who is an Entrepreneur, an Entrepreneur with Consumer Rights or a Consumer;
- Service Provider – the term defined in § 1(3) of the Terms;
- Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights;
- Act on Providing Services by Electronic Means – the term defined in § 1(2) of the Terms;
- User – a person holding an Account on the Website who is a Consumer or a person authorised to represent the Customer and to use the Website on the Customer’s behalf;
- Compilation – a set of Data created, independently or to order, according to specified criteria on the basis of the data available in the Database.
§ 3.
Technical requirements
- In order for Customers to properly use the services provided by the Service Provider through the Website, all of the following are required:
- an Internet connection;
- devices allowing the use of Internet resources;
- a current and correctly configured version of a web browser: Chrome on Android and desktop devices, Safari on Apple mobile devices; Chrome is recommended on desktop devices;
- a web browser capable of displaying hypertext documents linked on the Internet via the WWW service, supporting JavaScript and accepting cookies;
- an active e-mail account.
- Within the Website, Users are prohibited from using viruses, bots, worms or other computer code, files or programs (in particular scripts and applications automating processes, or other code, files or tools).
- The Service Provider informs that it uses cryptographic protection of electronic transfers and digital content through appropriate logical, organisational and technical measures, in particular to prevent third parties from accessing data, including SSL encryption, access passwords and anti-virus and anti-malware software.
- The Service Provider informs that, despite the safeguards referred to in section 3 above, the use of the Internet and of services provided by electronic means may involve the risk of malicious software entering the User’s IT system and device, or of third parties gaining access to the data stored on that device. To minimise this risk, the Service Provider recommends using anti-virus software or tools protecting online identity.
§ 4.
General rules of using the services
- The Customer is obliged to use the services provided by the Service Provider in a manner consistent with generally applicable law, the provisions of the Terms and good practice.
- The User is prohibited from providing unlawful content.
- A Customer using the services provided by the Service Provider is obliged to provide only data (including personal data) that is true. The Service Provider is not liable for the consequences of the Customer providing false or incomplete data.
- Where an action on the Website (in particular the conclusion of an Agreement) is performed by a natural person acting on behalf of a Customer who is not a natural person, performing such an action is equivalent to a declaration by that natural person that they are authorised to represent the Customer. The Service Provider is entitled to request such a natural person to provide proof of their authority to represent the Customer, in particular a power of attorney or an extract from the relevant register. If an action is performed on behalf of the Customer without the authority to represent them, the natural person performing that action bears the liability provided for in the Civil Code.
- One Customer may conclude only one Website Use Service Agreement.
- The prices of services and Packages are expressed in PLN. For Customers who are Consumers or Entrepreneurs with Consumer Rights, prices are presented as gross amounts (including VAT). Prices presented as net amounts are always marked as excluding VAT.
- The conclusion of the Website Use Service Agreement requires the prior conclusion of the Account Service Agreement.
- The following in particular are considered a breach of the Terms:
- the provision of unlawful content by the User;
- the use of the Digital Services by the User contrary to their intended purpose;
- the provision of false or incomplete data by the Customer or the User;
- the performance of an action on behalf of the Customer by a natural person without the authority to represent them;
- the conclusion by the Customer of more than one Website Use Service Agreement without the Service Provider’s consent.
- If a breach of the Terms is found, the Service Provider may request the Customer to remedy it and set a deadline for this purpose of no less than 7 (seven) days.
- All declarations, requests, notices and information referred to in the Terms may be communicated by e-mail, unless a specific provision of the Terms provides otherwise.
- The Service Provider may use Compilations generated by the User to develop the Website’s services and functionalities.
§ 5.
Account Service Agreement
- In order to conclude the Account Service Agreement, the User should take the following steps:
- go to the Website and click the “Register” tab;
- enter their first name and e-mail address (which also serves as the User’s login) in the displayed form;
- tick the mandatory checkbox next to the declaration of having read the Terms and the Privacy Policy and accepting their provisions;
- click the “Register” option.
- The User clicking the “Register” option is equivalent to the Customer concluding the Account Service Agreement.
- After creating the Account, the User may supplement the data saved in it with:
- a billing address;
- a NIP (tax identification number);
- a REGON number;
- a telephone number.
- Using the Account, the User may in particular:
- store their data and the data of the Customer they represent;
- purchase Packages;
- use the services included in the purchased Package.
- The Service Provider informs, and the Customer acknowledges, that maintaining the conformity of the Account Service with the Account Service Agreement does not require the Customer to install any updates.
- If the User is not granted access to the Account immediately after the conclusion of the Account Service Agreement, the User shall request the Service Provider to grant access to the Account without delay. The request referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(4)(1) of the Terms. If the Service Provider does not grant the User access to the Account immediately after receiving the request referred to in the preceding sentence, the User may withdraw from the Account Service Agreement.
- Notwithstanding section 6 above, if the User is not granted access to the Account, the User may withdraw from the Account Service Agreement without requesting the Service Provider to grant access to the Account if at least one of the circumstances indicated in Article 43j(5) of the Consumer Rights Act applies.
- Sections 6-7 above apply only to Customers who are Consumers or Entrepreneurs with Consumer Rights.
- Notwithstanding sections 6-7 above, the User may at any time and without giving a reason terminate the Account Service Agreement with a notice period of 14 (fourteen) days.
- The User’s withdrawal from or termination of the Account Service Agreement, regardless of its basis, is effected by submitting to the Service Provider a declaration of withdrawal from or termination of the Account Service Agreement. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(4)(1) of the Terms. The Service Provider deletes the Account immediately after receiving the declaration referred to in the preceding sentence or after the expiry of the notice period specified in the Terms.
- If the User breaches the provisions of the Terms and fails to remedy the breach despite receiving the request referred to in § 4(9) of the Terms, the Service Provider may terminate the Account Service Agreement with a notice period of 7 (seven) days by sending the Customer a declaration of termination by e-mail. After the notice period indicated in the preceding sentence expires, the Account is permanently deleted. During the notice period, the Service Provider may block the Customer’s access to the Account if this is necessary to prevent further breaches by the Customer.
- If, before withdrawing from or terminating the Account Service Agreement, regardless of its basis, the Customer concluded a Website Use Service Agreement, the withdrawal from or termination of the Account Service Agreement by either Party is equivalent to the simultaneous withdrawal from and termination of the Website Use Service Agreement.
- If the Service Provider terminates the Account Service Agreement, a User who is a Consumer or an Entrepreneur with Consumer Rights is entitled to a refund of part of the remuneration in an amount proportional to the period remaining from the end of the notice period to the end of the term of the Account Service Agreement specified therein.
- The partial refund referred to in section 13 above is made within 14 (fourteen) days from the date of termination of the Account Service Agreement by the Service Provider.
- Suspension of the supply of the Account Service (regardless of its basis) is equivalent to the deletion of the Account and all Content saved in it.
§ 6.
Website Use Service Agreement
- Under the Website Use Service Agreement, the Service Provider enables the Customer (to the extent resulting from the Package purchased by the Customer) to use the following Website functions:
- access to the Databases;
- the possibility of receiving a dedicated Compilation created to order according to specified criteria;
- the possibility of creating Compilations independently;
- the possibility of searching for Data;
- the possibility of downloading Data and Compilations.
- In order to conclude the Website Use Service Agreement, the Customer should take the following steps:
- go to the Website and proceed to the registration form;
- enter their e-mail address and a password created by the Customer in the displayed form;
- tick the mandatory checkbox next to the declaration of consent to the supply of the Website Use Service starting before the expiry of the deadline for withdrawal from the Website Use Service Agreement (the right of withdrawal referred to in this point applies only to Customers who are Consumers or Entrepreneurs with Consumer Rights);
- tick the mandatory checkbox next to the declaration of having read the Terms and the Privacy Policy and accepting their provisions;
- pay the remuneration for the Website Use Service (unless, in accordance with the Price List, the Customer may use the Website Use Service free of charge);
- click the “Order with obligation to pay” option.
- Clicking the “Order with obligation to pay” option and paying the remuneration (if required) is equivalent to the Customer concluding the Website Use Service Agreement.
- The Website Use Service Agreement is concluded for a fixed term. Using the Website Use Service after the end of the term of the Website Use Service Agreement requires the conclusion of a new Website Use Service Agreement.
- After clicking the “Order with obligation to pay” option, the Customer should verify the previously provided e-mail address and supplement the Account with the following data:
- first name and surname;
- telephone number;
- company name, NIP, invoicing address, bank name and bank account number – where the Customer is an Entrepreneur or an Entrepreneur with Consumer Rights.
- The Service Provider informs, and the Customer acknowledges, that maintaining the conformity of the Website Use Service with the Website Use Service Agreement does not require the installation of any updates.
- If the Customer is not granted access to the Website Use Service immediately after the conclusion of the Website Use Service Agreement, the Customer shall request the Service Provider to grant access to the Website Use Service without delay. The request referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(4)(1) of the Terms. If the Service Provider does not grant the Customer access to the Website Use Service immediately after receiving the request referred to in the preceding sentence, the Customer may withdraw from the Website Use Service Agreement.
- Notwithstanding section 8 above, if the Customer is not granted access to the Website Use Service, the Customer may withdraw from the Website Use Service Agreement without requesting the Service Provider to grant access to the Website Use Service if at least one of the circumstances indicated in Article 43j(5) of the Consumer Rights Act applies.
- Sections 8-9 above apply only to Customers who are Consumers or Entrepreneurs with Consumer Rights.
- If the Customer withdraws from the Website Use Service Agreement under sections 8-9 above, the Service Provider immediately suspends the supply of the Website Use Service and refunds the remuneration to the Customer (if it has been paid) within 14 (fourteen) days from the date of receipt of the declaration of withdrawal from the Website Use Service Agreement.
- If the Customer breaches the provisions of the Terms and fails to remedy the breach despite receiving the request referred to in § 4(8) of the Terms, the Service Provider may terminate the Website Use Service Agreement with a notice period of 7 (seven) days by sending the Customer a declaration of termination by e-mail. After the notice period indicated in the preceding sentence expires, the Service Provider suspends the supply of the Website Use Service. During the notice period, the Service Provider may block the Customer’s access to the Website Use Service if this is necessary to prevent further breaches by the Customer.
- If the Service Provider terminates the Website Use Service Agreement, a Customer who is a Consumer or an Entrepreneur with Consumer Rights is entitled to a refund of part of the remuneration in an amount proportional to the period remaining from the end of the notice period to the end of the term of the Website Use Service Agreement specified therein.
- The partial refund referred to in section 13 above is made within 14 (fourteen) days from the date of termination of the Website Use Service Agreement by the Service Provider.
§ 7.
Fees and settlements
- Unless specific provisions of the Terms or individual arrangements with the Service Provider provide otherwise, the Customer is obliged to pay the Subscription Fee for the Services in the amounts indicated in the Price List.
- Payments on the Website may be made:
- online – through the Tpay payment service (payment card, BLIK, fast pay-by-link online transfer);
- by traditional bank transfer – on the basis of a pro forma invoice issued by the Service Provider with a three-day payment term.
- Online payments are handled by Krajowy Integrator Płatności S.A. with its registered office in Poznań, ul. Święty Marcin 73/6, 61-808 Poznań, Poland, entered in the register of entrepreneurs of the Polish National Court Register under KRS number 0000412357, NIP: 7773061579, REGON: 300878437 (the Tpay service).
- Available payment card types: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
- In the case of online payment, the Website Use Service is activated immediately after the payment is successfully authorised; the date of payment is then the date of successful authorisation. In the case of payment by traditional bank transfer, the date of payment is the date on which the Subscription Fee is credited to the Service Provider’s bank account.
- The invoice is issued electronically and sent to the Customer at the e-mail address provided during registration.
- Immediately after receiving payment, the Service Provider issues a VAT invoice in electronic form and sends it to the Customer in accordance with the rules set out in section 1 above.
- If a pro forma invoice issued by the Service Provider is not paid within the set deadline, the Service Provider may block the Customer’s access to the Website Use Service until it is paid.
- Payments for the Website Use Service for each subsequent Subscription Period are made separately (independently) by the Customer, unless the Customer has selected the automatic Package renewal option (recurring payment) referred to in section 10 below.
- By selecting a Package with recurring payment by payment card, the Customer consents to the saved payment card being automatically and periodically charged with the Subscription Fee resulting from the selected Package and the Price List, at a frequency corresponding to the selected Subscription Period. The Customer is informed of each card charge by e-mail. The Customer may at any time revoke the consent to recurring card charges by disabling automatic renewal in the Account settings or by contacting the Service Provider; the revocation is effective for charges falling due after the revocation and does not affect payments already made.
- The Customer may extend the Subscription Period by paying for the next Subscription Period – online or by paying a pro forma invoice.
- Before the end of the current Subscription Period, the Service Provider will inform the Customer by e-mail about the expiry of the Subscription Period and the fees for extending the Website access Service for the next Subscription Period.
- Extending the Subscription Period is equivalent to concluding a new Website Use Service Agreement on the terms set out in the Terms.
- If the Subscription Period expires and/or is not extended, access to the Website Use Service will be blocked. In that case, the Customer’s data will be stored by the Service Provider for 365 calendar days from the day following the expiry of the Subscription Period. During this time, the Customer may at any time resume using the Services by paying the Subscription Fee, or delete their Account from the Website.
- The provisions of this paragraph apply accordingly to payments for other paid services available on the Website, in particular one-off purchases of Databases or Compilations and token top-ups.
- Changes to the prices indicated in the Price List are announced on the Website and do not constitute amendments to these Terms.
- Delivery of services. All services offered on the Website are digital services and are delivered exclusively by electronic means – through the Account on the Website and by e-mail. The delivery of services does not involve any shipping or other delivery costs. The current prices of all services and Packages are indicated in the Price List available at: https://www.bazy.biz/cennik, which the Customer may consult before making a purchase.
- Activation of purchased services. In the case of online payment (payment card, BLIK, fast pay-by-link transfer), the purchased service is activated automatically, immediately after the payment is successfully authorised – the purchased Package, tokens or other services are assigned to the Customer’s Account, and purchased Databases and Compilations are made available for download from the Account. The Customer is informed of the activation of the service by e-mail. In the case of payment by traditional bank transfer (on the basis of a pro forma invoice), the service is activated immediately after the payment is credited to the Service Provider’s bank account.
- Subscription. Purchasing a Package with a monthly Subscription Period means that the Customer enters into a subscription: the Agreement renews automatically for subsequent monthly Subscription Periods, and the Customer’s saved payment card is automatically charged with the Subscription Fee at the beginning of each subsequent Subscription Period – until the Customer cancels the subscription. Information about the subscription nature of the monthly Package and the frequency and amount of the charges is presented to the Customer before the purchase. A Package with an annual Subscription Period is paid for once and does not renew automatically.
- Cancelling the subscription. The Customer may cancel the subscription at any time, without giving a reason and without additional fees. To do so, the Customer should take the following steps:
- log in to their Account on the Website at: https://www.bazy.biz;
- go to the customer panel available at: https://www.bazy.biz/panel (the “Panel” tab);
- in the “Monthly subscription” section, click the “Cancel subscription” button;
- confirm the cancellation in the displayed dialog box.
The cancellation takes effect upon its confirmation – the subscription will not renew for the next Subscription Period and no further card charges will be made, while the Customer retains access to the paid services and tokens until the end of the current, paid Subscription Period. To avoid being charged for the next Subscription Period, the cancellation must be made no later than 1 (one) day before the subscription renewal date shown in the customer panel. The subscription may also be cancelled by sending a declaration by e-mail to the address indicated in § 1(4)(1) of the Terms; in that case the cancellation is effective for charges falling due after the day the Service Provider receives the declaration.
- The Trial Period referred to in § 8 of the Terms is free of charge, does not require payment card details and does not automatically convert into a paid subscription – after it ends, the Customer is not charged any fee, and starting to use paid services requires the Customer to order a Package separately. Opting out of the Trial Period does not require any action.
§ 8.
Trial Period
- On the day access to the Account is activated, the Customer obtains the right to a one-off free Trial Period, during which they may search for and download Data on up to 50 companies.
- The Trial Period ends 7 days after its start or at the moment of the first purchase of the Website Use Service. The User may purchase a suitable Package both during and after the Trial Period.
- If, after using the Trial Period, the User has not purchased the Website Use Service and has not deleted their Account from the Website, their Account may be deleted by the Service Provider after the data retention period referred to in § 7 of the Terms, after the User has been informed by e-mail.
§ 9.
Right of withdrawal
- The provisions of this § 9 apply only to Customers who are Consumers or Entrepreneurs with Consumer Rights.
- Under Article 27 et seq. of the Consumer Rights Act, the Customer has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days from the date of its conclusion.
- The Customer exercises the right of withdrawal by submitting a declaration of withdrawal from the Agreement to the Service Provider. To meet the withdrawal deadline, it is sufficient to send the declaration before the expiry of the deadline referred to in section 2 above.
- The declaration of withdrawal from the Agreement may be submitted by the Customer in any form, in particular on the form constituting Annex 2 to the Consumer Rights Act.
- If a declaration of withdrawal from the Agreement is submitted, the Service Provider immediately sends the Customer a confirmation of its receipt by e-mail.
- The Service Provider informs, and the Customer acknowledges, that the right of withdrawal referred to in this paragraph does not apply to an Agreement for the supply of a service that has been fully performed (pursuant to Article 38(1)(1) of the Consumer Rights Act).
- Where the withdrawal concerns an Agreement for the supply of a service that has not been fully performed, the Service Provider refunds to the Customer the price of the Package reduced by the value of the services used by the Customer up to the moment of withdrawal. The refund is made within 14 (fourteen) days from the date the Service Provider receives the declaration of withdrawal, using the same payment method as used by the Customer in the original transaction, unless the Customer expressly agrees to a different solution. In the case of payment by payment card, the refund is made to the account of the card used for the payment. The Customer does not bear any costs of the refund.
§ 10.
Liability of the Service Provider
- The Service Provider undertakes to provide services with due diligence.
- To the extent permitted by the Civil Code and the Consumer Rights Act, the Service Provider is not liable to Customers for the consequences of:
- Customers using any services available on the Website contrary to their intended purpose;
- Users providing incorrect or false data;
- the use of the Account Service access credentials by third parties, if those parties obtained the credentials as a result of their disclosure by the User or as a result of the Customer failing to adequately protect them against access by such parties.
- The Service Provider informs that, due to the publicly available sources from which the Data originates, the Data is for information purposes and may contain errors, inaccuracies or other deficiencies, for which the Service Provider is not liable. The Data should not constitute the sole basis for business decisions. Nor may it be treated as a recommendation to take or refrain from any action, in particular in the context of establishing business or other relationships.
- In relation to Customers who are not Consumers or Entrepreneurs with Consumer Rights, the Service Provider’s liability for damage suffered by the Customer as a result of the Service Provider’s non-performance or improper performance of an obligation is limited to actual losses suffered by the Customer and to an amount not exceeding the total remuneration paid by the Customer to the Service Provider in the 12 months preceding the occurrence of the damage.
- To the extent permitted by the Civil Code and the Consumer Rights Act, the Service Provider is not liable for disruptions in the functioning of the Website resulting from:
- force majeure;
- necessary maintenance and modernisation works carried out on the Website;
- causes attributable to the Customer;
- causes beyond the Service Provider’s control, in particular the actions of third parties for which the Service Provider is not responsible.
- The Service Provider undertakes to carry out the works referred to in section 5(2) above in a manner that is as least disruptive to Customers as possible and, where possible, to inform them of planned works in advance.
- The Service Provider undertakes, where possible, to remedy disruptions in the functioning of the Website on an ongoing basis.
§ 11.
Complaints concerning the Digital Deliverable
- The provisions of this § 11 apply only to:
- Customers who are Consumers or Entrepreneurs with Consumer Rights;
- Account Service Agreements and Website Use Service Agreements, unless a specific provision of the Terms concerns only one of these Agreements;
- Non-conformity of the Account Service with the Account Service Agreement and Non-conformity of the Website Use Service with the Website Use Service Agreement.
- The Digital Deliverable supplied to the Customer by the Service Provider must conform to the Agreement for its supply:
- at the time of its supply – where the Digital Deliverable is supplied once or in parts;
- throughout the period of supply of the given Digital Deliverable – where the Digital Deliverable is supplied continuously.
- The Service Provider is liable for Non-conformity:
- existing at the time of supply of the Digital Deliverable and revealed within 2 (two) years from that time – where the Digital Deliverable is supplied once or in parts;
- revealed during the period of supply of the given Digital Deliverable – where the Digital Deliverable is supplied continuously.
- If Non-conformity is revealed, the Customer may submit a complaint containing a request to bring the Digital Deliverable into conformity with the Agreement for its supply.
- Complaints are submitted by e-mail to the address indicated in § 1(4)(1) of the Terms.
- A complaint should contain:
- the Customer’s first name and surname;
- e-mail address;
- a description of the revealed Non-conformity;
- a request to bring the Digital Deliverable into conformity with the Agreement for its supply.
- The Service Provider may refuse to bring the Digital Deliverable into conformity with the Agreement for its supply if this is impossible or would require the Service Provider to incur excessive costs.
- After considering the complaint, the Service Provider provides the Customer with a response in which it:
- accepts the complaint and indicates the planned date for bringing the Digital Deliverable into conformity with the Agreement for its supply;
- refuses to bring the Digital Deliverable into conformity with the Agreement for its supply for the reasons indicated in section 7 above;
- rejects the complaint as unfounded.
- The Service Provider responds to the complaint by e-mail within 14 (fourteen) days of its receipt.
- If the complaint is accepted, the Service Provider, at its own expense, brings the Digital Deliverable into conformity with the Agreement for its supply within a reasonable time from receipt of the complaint and without undue inconvenience to the Customer, taking into account the nature of the Digital Deliverable and the purpose for which it is used. The Service Provider indicates the planned date for bringing the Digital Deliverable into conformity with the Agreement for its supply in its response to the complaint.
- If Non-conformity is revealed, subject to section 14 below, the Customer may submit to the Service Provider a declaration of price reduction or of withdrawal from the Agreement where:
- bringing the Digital Deliverable into conformity with the Agreement for its supply is impossible or requires excessive costs;
- the Service Provider has not brought the Digital Deliverable into conformity with the Agreement for its supply in accordance with section 10 above;
- the Non-conformity persists even though the Service Provider has attempted to bring the Digital Deliverable into conformity with the Agreement for its supply;
- the Non-conformity is so significant that it justifies withdrawal from the Agreement for the supply of the given Digital Deliverable without first requesting the Service Provider to bring the Digital Deliverable into conformity with the Agreement for its supply;
- it is clear from the Service Provider’s declaration or the circumstances that the Service Provider will not bring the Digital Deliverable into conformity with the Agreement for its supply within a reasonable time or without undue inconvenience to the Customer.
- A declaration of price reduction or withdrawal from the Agreement may be submitted by e-mail to the address indicated in § 1(4)(1) of the Terms.
- A declaration of price reduction or withdrawal from the Agreement should contain:
- the Customer’s first name and surname;
- e-mail address;
- the date of supply of the Digital Deliverable;
- a description of the revealed Non-conformity;
- an indication of the reason for the declaration, selected from the reasons indicated in section 11 above;
- a declaration of price reduction, together with the reduced price, or a declaration of withdrawal from the Agreement.
- The Customer may not submit a declaration of price reduction to the Service Provider where the Non-conformity concerns a Service provided free of charge.
- The Service Provider is not entitled to demand payment for the time during which the Website Use Service was not in conformity with the Agreement for its supply, even if the Customer used it before withdrawing from the relevant agreement.
- The reduced price must be in such proportion to the price resulting from the Website Use Service Agreement as the value of the non-conforming Website Use Service bears to the value of a Website Use Service conforming to the Website Use Service Agreement (according to the Package purchased by the Customer).
- The Service Provider refunds to the Customer the amounts due as a result of exercising the right to a price reduction or withdrawal from the Website Use Service Agreement immediately, and no later than within 14 (fourteen) days from receipt of the declaration of price reduction or withdrawal from the Website Use Service Agreement.
- If the Customer withdraws from the Account Service Agreement, the Service Provider deletes the Account immediately after receiving the declaration of withdrawal from the Account Service Agreement.
- If, before withdrawing from the Account Service Agreement, the Customer concluded a Website Use Service Agreement, the withdrawal from the Account Service Agreement is equivalent to the simultaneous withdrawal from the Website Use Service Agreement under the provisions of this § 11. Withdrawal from the Website Use Service Agreement in the manner indicated in this section 19 has the same effects as withdrawal from the agreement due to Non-conformity.
- Pursuant to Article 34(1a) of the Consumer Rights Act, if the Customer withdraws from an Agreement for the supply of a Digital Deliverable, the Customer is obliged to stop using that Digital Deliverable and making it available to third parties.
- Refunds where a complaint is accepted. Where the Customer’s complaint is accepted and this gives rise to an obligation to refund funds (in whole or in part), the Service Provider makes the refund immediately, and no later than within 14 (fourteen) days from the date the complaint is accepted. The refund is made using the same payment method as used by the Customer in the original transaction, unless the Customer expressly agrees to a different refund method; in the case of payment by payment card, the refund is made to the account of the card used for the payment. The Customer does not bear any costs related to the refund.
§ 12.
Intellectual property of the Service Provider
- All components of the Website, in particular:
- the name of the Website;
- the logo of the Website;
- photographs and descriptions;
- the principles of operation of the Website, all of its graphic elements, interface, software, source code and databases
– are protected by law under the Polish Act of 4 February 1994 on Copyright and Related Rights, the Polish Act of 30 June 2000 on Industrial Property Law, the Polish Act of 16 April 1993 on Combating Unfair Competition and other generally applicable laws, including European Union law.
- Any use of the Service Provider’s intellectual property without its prior, express permission is prohibited.
- Notwithstanding sections 1-2 above, the Customer grants the Service Provider a free, non-exclusive licence to use the Customer’s name and logo.
- The licence referred to in section 3 above is granted for an indefinite period (with the possibility of termination with two years’ notice, effective at the end of a calendar year) and without territorial restrictions, and covers the use of the Customer’s name and logo in the following fields of exploitation:
- recording and reproduction in any quantity, by any technique and in any format;
- distribution in any manner, by any means of communication, in particular by publication on the Website and in the Service Provider’s social media.
§ 13.
Processing of personal data
- Information on the processing of personal data by the Service Provider is contained in the Privacy Policy available at: https://www.bazy.biz/polityka-prywatnosci (English translation: https://www.bazy.biz/en/privacy-policy).
§ 14.
Out-of-court dispute resolution
- The provisions of this § 14 apply only to Customers who are Consumers.
- The Customer may use out-of-court methods of handling complaints and pursuing claims.
- Detailed information on the Customer’s possibility of using out-of-court methods of handling complaints and pursuing claims, and the rules of access to these procedures, are available at the offices and on the websites of:
- district (municipal) consumer ombudsmen and social organisations whose statutory tasks include consumer protection;
- the Voivodeship Inspectorates of the Trade Inspection;
- the Polish Office of Competition and Consumer Protection (UOKiK).
- The Customer may also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
§ 15.
Changes to the Digital Service
- For the purposes of this § 15:
- the Account Service and the Website Use Service are hereinafter jointly referred to as the “Service”, unless a specific provision of the Terms concerns only one of these services;
- the Account Service Agreement and the Website Use Service Agreement are hereinafter jointly referred to as the “Service Agreement”, unless a specific provision of the Terms concerns only one of these agreements.
- The Service Provider may change the Service in the event of:
- the need to adapt the Service to new devices or software used by Customers to use the Service;
- the Service Provider deciding to improve the Service by adding new functionalities or modifying existing ones;
- a legal obligation to make changes, including the obligation to adapt the Service to the current legal situation.
- A change to the Service may not involve any costs for a Customer who is a Consumer or an Entrepreneur with Consumer Rights.
- The Service Provider informs Customers of a change to the Service by posting a notice about the changes in the Account. Independently, information about the change may be sent to Customers by e-mail.
- If a change to the Service significantly and negatively affects the access to the Service of a Customer who is a Consumer or an Entrepreneur with Consumer Rights, the Service Provider is obliged to inform the Customer of:
- the features and date of the change, and
- the Customer’s right to terminate the Service Agreement with immediate effect within 30 (thirty) days of the change.
- The Service Provider sends the information referred to in section 5 above to Customers by e-mail no later than 7 (seven) days before the change is made.
- The Customer terminates the Service Agreement under section 5(2) above by submitting a declaration of termination of the Service Agreement to the Service Provider. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(4)(1) of the Terms.
- Termination of the Service Agreement under section 5(2) above has the same effects as § 11 of the Terms provides for withdrawal from the Service Agreement due to Non-conformity.
§ 16.
Price List
- The current Price List is available at: https://www.bazy.biz/cennik
- The Price List may provide that a certain number of Website Use Services may be used by the Customer free of charge.
- The Service Provider may change the Price List at any time.
- A change to the Price List does not in any way affect the fees specified in Agreements concluded before the change to the Price List.
§ 17.
Amendments to the Terms
- The Service Provider may amend the Terms in the event of:
- a change in the scope of the Service Provider’s business;
- the Service Provider starting to provide new services, modifying existing services or discontinuing them;
- technical modifications to the Website requiring the provisions of the Terms to be adapted to them;
- a legal obligation to make changes, including the obligation to adapt the Terms to the current legal situation.
- Users will be informed of an amendment to the Terms by the publication of the amended version on the Website. Independently, the amended version of the Terms will be sent to Customers by e-mail.
- Website Use Service Agreements concluded before an amendment to the Terms are governed by the provisions of the Terms in force at that time.
- A Customer who does not agree to an amendment to the Terms may terminate the Account Service Agreement with immediate effect within 10 (ten) days of receiving information about the amendment. Failure to terminate is deemed consent to the amendment.
- The Account Service Agreement is terminated by the Customer submitting a declaration of termination of that Agreement to the Service Provider. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(4)(1) of the Terms.
- Immediately after receiving the declaration referred to in section 5 above, the Service Provider deletes the Account.
§ 18.
Final provisions
- The current version of the Terms applies from 30 July 2026.
- The Terms are governed by Polish law. Any disputes arising under these Terms will be resolved through amicable negotiations and, if no agreement is reached, before the common court having jurisdiction over the Service Provider’s registered office.
- Matters not regulated in the Terms are governed by the generally applicable provisions of Polish law.