TERMS & CONDITIONS OF E-COMMERCE STORE Pricecheck.tools of 29 May 2017

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1 TERMS & CONDITIONS OF E-COMMERCE STORE Pricecheck.tools of 29 May 2017 I. Terms and definitions Terms used in these Terms & Conditions refer to: 1.1. Client understood as a natural person or non-corporate entity granted legal capacity by special provisions of law placing an Order in the Store; 1.2. Civil Code understood as the Act of 23 April 1964 (Official Journal of Laws, No. 16, item 93, as amended); 1.3. Terms & Conditions understood as these terms and conditions of electronically supplied service provided by e-commerce store Pricecheck 1.4. E-commerce store Pricecheck understood as a website available at via which Client can place Orders and manage their account; 1.5. Service understood as data on advertised products and their prices in retail grocery stores and online stores from FMCG industry within the zone delineated by the client and with radius not exceeding 3 kilometres. Access to data via mobile Pricecheck application available for Android and ios. Presented in e-commerce store; 1.6. Sale agreement understood as a sale agreement as defined in the Civil Code, concluded between Hiper-com sp. z o.o. and the Client via the Store s website; 1.7. Consumer Rights Act understood as the Act of 30 May 2014 on the rights of consumers (Official Journal of Laws, 2014, item 827); 1.8. Act on Electronic Provision of Services understood as the Act of 18 July 2002 on Providing Services by Electronic Means (Official Journal of Laws, No.144, item 1204, as amended); 1.9. Order understood as declaration of intent by Client aimed directly at conclusion of the Sale Agreement specifying, in particular, the type and quantity of Services Rate plan understood as containing a specific number of selected zones, available categories and number of users Pricecheck mobile application understood as a mobile application available for Android or ios which displays data purchased in the store E-commerce store understood as a store operating at and run by Hiper-com sp. z o.o., Lwowska St. 17/8, Warsaw, NIP (Taxpayer s Identification Number): , KRS ( National Court Register) No.: ; District Court for the Capital City of Warsaw, amount of capital PLN50,000, Regon (Business Identification Number): Subscription understood as a rate plan including the subscription fee Zone understood as the delineated area with a radius of no more than 3 kilometres. 1

2 II. General Provisions 2.1. These Terms & Conditions define the rules of use of the e-commerce store available at These Terms & Conditions are the terms and conditions referred to in the Article 8 of the Act on Provision of Electronic Services These Terms & Conditions define in particular [depending on available options]: a) the rules of registration and use of an account in the e-commerce store; b) terms and conditions of placing Orders electronically via the e-commerce store; c) rules of concluding Sale Agreements with use of services provided by the E-commerce Store; d) rate plans available to buyers Using the e-commerce store is possible provided that the IT system used by the Client meets the following minimum technical requirements: a) Internet Explorer version 11 or later, or b) Mozilla FireFox version 40 or later, or c) Google Chrome version 40 or later In order to use the e-commerce store, the Client shall by their own means gain access to a computer workstation or an end-device with Internet access In accordance with the applicable laws, the entity running the Store reserves the right to limit provision of services via the E-commerce Store to people who are at least 18 years old. Potential customers shall be notified of the above Customers can get access to these Terms & Conditions at any time via the link to be found on the main site and download it to make a printout Displayed on the Store s web pages, the information on the Services, with particular focus on their description, technical specification and performance characteristics, as well as prices, constitutes an invitation to conclude an agreement as defined by Article 71 of the Civil Code. III. Terms of use of the E-commerce Store 3.1. In order to use the E-commerce Store, the user must register on the Site Registration takes place by completing and accepting the registration form available on one of the Store s web pages Registration is subject to agreement to the Terms & Conditions and submission of data marked as mandatory. 2

3 3.4. Registration and setting up an account are free of charge. Free registration allows for logging onto a mobile application with limited access to data (so-called trial version) Hiper-com sp. z o.o. may terminate Client s right to use the E-commerce Store, as well as limit their access to some or all resources of the E-commerce Store with immediate effect should the Client breach the Terms & Conditions by, in particular: a) providing data that is untrue, inaccurate, not current, misleading or leading to an infringement of a third party right, b) violating third party personal interests via the e-commerce store, with particular emphasis on personal interests of store s other clients, c) committing acts recognized by Hiper-com sp. z o.o. as incompatible with the applicable provisions of law or general terms of use of the Internet, or as damaging to the reputation of Hiper-com sp. z o.o A person whose right to use the e-commerce store was terminated cannot make another registration without prior consent of Hiper-com sp. z o.o In order to ensure safety of transmission of messages and data in relation to services provided via the Site, the E-commerce Store shall undertake the appropriate technical and administrative measures adequate to the level of threat to the security of provided services, including in particular measures designed to prevent acquisition and modification by unauthorized persons of personal data shared via the Internet The Client is particularly obliged to: a) abstain from submitting and sharing content prohibited by the provisions of law, including content that promotes violence, is defamatory or violates third party personal interests and other rights, b) use the Store without disrupting the Store s operations, particularly by using a specific software or devices, c) refrain from such actions as distribution or posting of unsolicited commercial content (spam) via the E-commerce Store, d) use the Store without causing inconvenience to other clients and Hiper-com sp. z o.o., e) use any content posted within the E-commerce Store for personal purposes only, f) use the Store in accordance with the provisions of law applicable in the Republic of Poland, the Terms & Conditions, as well as general terms of use of the Internet. IV. Procedure of concluding a Sale Agreement 4.1. The subject of the agreement is data on advertised products and their prices in retail grocery stores and online stores from FMCG industry within the zone delineated by the client and with radius not exceeding 3 kilometres. Access to data via mobile Pricecheck application available for Android and ios. 3

4 4.2. In order to conclude a sale agreement via the Store, the client is required to log onto the website select the country, register, select a rate plan including the subscription fee and proceed to the next steps based on messages displayed to the Client and information available on the site When placing the Order - until the "Order" button is pressed - the Client can modify the input data and change the scope of Service. To do so, the Client must follow the messages and information available on the site After the Client using the Store has entered all the data essential for placing an order, a summary of the placed Order will be displayed. The order summary shall include the information on: a) subject of the Order, b) duration of service, c) unit or total price of ordered items or services, including cost of delivery and additional costs (if any), d) by continuing the process of order placing, the Consumer is redirected to a payment selection window, which also includes confirmation of data necessary to purchase the service Payment for service by means of the available payment option is tantamount to conclusion of a sale agreement upon reception of payment by e-commerce store Pricecheck The sale agreement is concluded in Polish and its contents comply with the Terms & Conditions After conclusion of an agreement, the Client can access data via mobile application The agreement s term is one month (30 days). The client may select periodic payments with the option of automatic monthly payment and agreement renewal on a month-to-month basis The Client has the right to renewal opt-out via administrative panel In the event of renewal opt-out, subscription expires as of the last day of the period for which the subscription was purchased By concluding an agreement with Hiper-com sp. z o.o. and selecting a given subscription option, the Client agrees to a periodic monthly collection by Payment Services Provider Płatności (PayU S.A) of an amount equivalent to the subscription fee from the Client s payment card. The fee shall be collected by the Payment Services Provider once in a month Personal data for the mobile application must not be shared with a third party. V. Rate plans 5.1. The Site offers the opportunity to purchase one of three rate plans: Eco, Pro and Premium. A corporate plan can be purchased per customer agreement Description of each plan can be found on the Site Each rate plan contains a specific number of: zones, categories, users and term of agreement. 4

5 5.4. Following the registration, each user automatically obtains access to a trial version with the option of selection of one zone and preview of a predetermined sub-category in the mobile application. Trial version is valid without time limit Components of a corporate rate plan are defined per customer agreement One user can purchase only one rate plan and use it on one device The rate plan can be changed at any given moment by means of a purchasing module on the site Should the rate plan be changed, the account data is reset and fees are charged on the start of the new rate plan. VI. Pricing and payment methods 6.1. Rate plan prices are monthly (30 days) charges in Polish zloty and contain all components, including VAT (with highlighted rate of VAT), customs duty and any other components Prices and payment methods do not apply to the corporate plan Should the Client choose the option of periodic payments, payment shall be charged automatically every month A VAT invoice is issued after each payment transaction The Client can make a payment via: a) PayU b) PayPal 6.6. Availability of payment method depends on the selected country Clients who selected the periodic payment option can choose to have their pay card data saved and opt for direct debit payments. Pay card data will be stored by the Payment Services Provider (PayUS.A.). PayU offers access to Token tool (virtual card identifiers) which assigns a unique identifier to the Client to enable periodic payments to the company Opting out of periodic payments is tantamount to withdrawal from an agreement. The Client can do so by signing in and opting out of subscription via the administrative panel at VII. Delivery 7.1.Delivery is made electronically and takes place automatically through updates of options in application Delivery is free of charge Delivery is made within two working days. 5

6 VIII. Termination 8.1. Pursuant to Article 38, item 1 of the Act on Consumer Rights of 30 May 2014, the right to withdraw from a distance contract (or an off-premises contract) does not apply to consumers in relation to service agreements During the process of service purchasing, the Consumer is informed that there is no possibility to withdraw from an agreement. IX. Complaints concerning Services 9.1. Complaints resulting from infringement of the Client s rights guaranteed by law or specified in these Terms & Conditions should be addressed to contact@pricecheck.space. Hiper-com sp. z o.o. shall process each complaint within the period of 14 days. Should this be impossible, Hiper-com sp. z o.o. shall inform the Client within 14 days of the expected response date. X. Complaints concerning electronic provision of services Hiper-com sp. z o.o. shall undertake measures to ensure correct operation of the Store to the extent allowed by the current technical expertise and eliminate any irregularities reported by Clients The Client is obliged to immediately notify Hiper-com sp. z o.o. of any irregularities or interruptions in functioning of the Store Irregularities associated with the Store s functioning can be reported by the Client via at info@pricecheck.space A complaint filed by the Client should contain the Client s first name and surname, correspondence address, irregularity type and date of its occurrence Hiper-com sp. z o.o. shall process each complaint within the period of 14 days. Should this be impossible, Hiper-com sp. z o.o. shall inform the Client within 14 days of the expected response date. XI. Protection of personal data in the E-commerce Store The Buyer agrees to processing of his/her personal data by the seller for the purpose of realization of the purchase (according to the Act of 29 August 1997 on Personal Data Protection; consolidated text: Official Journal of Laws of 2015., item 2135 as amended.) The Seller is the controller of Clients personal data collected via the Store Acquired by data controllers via the Store, Clients personal data is collected for the sole purpose of realization of the Sale Agreement. 6

7 11.4. Personal data is stored in the database where technical and administrative measures were applied to ensure protection of processed data according to requirements specified in generally applicable laws on personal data protection The Client is entitled to access and revise their data Submission of personal data is voluntary. That said, failure to submit personal data specified in the Terms & Conditions and necessary for conclusion of the Sale Agreement makes it impossible to conclude such agreement. XII. Final provisions Any disputes arising between [entity running the e-commerce store] and a Client who is a consumer according to the Article 22[1] of the Civil Code shall be taken to court of competent jurisdiction according to the relevant provisions of the Code of Civil Procedure Settlement of disputes arising between [entity running the e-commerce store] and a Client who is not a consumer according to Article 22[1] of the Civil Code shall be taken to court having jurisdiction over the seat of [entity running the e-commerce store] Matters not regulated by these Terms & Conditions are regulated by provisions of the Civil Code, the Act on Electronic Provision of Services and other relevant provisions of Polish law. 7