§ 1
GENERAL PROVISIONS
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
ORDER FORM – a form available on the website astrophotomarket.com and enabling the submission of an Order.
CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
CONSUMER – a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
ENTREPRENEUR - a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by law, conducting business or professional activity on its own behalf.
PRODUCT – downloadable files available in the Store that are the subject of the Sales Agreement between the Customer and the Seller.
READY PRODUCT – publicly available, ready-to-download and previously prepared files (Products) available at: astrophotomarket.com/pl/admin/image-data-sets
DEDICATED PRODUCT – File (Product) which, based on the Customer's description provided, will be prepared by the Seller and made available for download to the Customer within 30 days of placing the Order.
REGULATIONS - these regulations of the Store.
SHOP - The Service Provider's online store operating at astrophotomarket.com.
SELLER, SERVICE PROVIDER – Veltis Krzysztof Gaudy, Jasrkrów Częstochowska 185, 42-244 Mstów. VATEU: 9491910146.
SALES AGREEMENT - Product Sales Agreement concluded between the Customer and the Seller via the Store.
ORDER - the Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller via the Order Form.
PRICE – value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.
§ 3
INFORMATION REGARDING PRODUCTS AND THEIR ORDERING
1. The astrophotomarket.com store sells Products via the Internet.
2. The products offered for sale in the Store are source data files in FITS or XIF format.
3. The information available on the Store's websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product on the terms specified in its description.
4. The price of the Product shown on the Store's website is given in Polish zlotys (PLN) and includes all ingredients.
5. Orders can be placed via the website using the Order Form (astrophotomarket.com store) - 24 hours a day, all year round.
6. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
§ 4
CONCLUSION OF A SALES AGREEMENT
To conclude the Sales Agreement, it is necessary for the Customer to place an Order in advance using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt.
3. Confirmation of acceptance of the Order referred to in point 2 of this paragraph binds the Customer with his Order. Confirmation of receipt of the Order takes place by sending an e-mail.
4. Confirmation of receipt of the Order includes:
a. confirmation of all essential elements of the Order,
b. these Regulations containing information on the right to withdraw from the contract.
c. upon receipt by the Customer of the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
d. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Order.
§ 4
PAYMENT METHOD
1. The Seller provides the following payment methods:
a. payment by traditional transfer to the Seller's bank account
b. payment via electronic payment system (Stripe)
2. In the case of payment via the electronic payment system, the Customer makes the payment before starting the execution of the Order (before receiving the files). The electronic payment system allows you to make payments by credit card.
3. The product will be available for download only after payment has been made.
4. The link (URL address) to download the Products will be made available after paying for the Order.
§ 6
PRODUCT COMPLAINT
Complaint due to the lack of compliance of the Product with the contract.
1. The basis and scope of the Seller's liability towards the Customer who is a Consumer for the lack of compliance of the Product with the contract are specified in the Act on Consumer Rights of May 30, 2014,
2. The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur under the warranty are specified in the Civil Code Act of April 23, 1964,
3. The Seller is liable to the Customer who is a Consumer for the lack of compliance of the Product with the contract existing at the time of delivery of the Product and disclosed within 2 years from that moment, unless the shelf life of the Product specified by the Seller or persons acting on his behalf is longer,
4. Notifications about the lack of compliance of the Product with the contract and submitting an appropriate request can be made via e-mail to the following address: contact@astrophotomarket.com
5. The above message in written or electronic form should include as much information and circumstances as possible regarding the subject of the complaint - in particular, specification of the differences in the Product described on the Store's website and the Product received. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller,
6. in the case of a complaint from a Customer who is a Consumer - failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,
7. In connection with a justified complaint of a Customer who is a Consumer, the Seller shall:
a. reduces the price of the Product (the reduced price must be in the proportion of the price of goods consistent with the contract to goods inconsistent with the contract) and returns the value of the reduced price to the Consumer no later than within 14 days of receiving the declaration of price reduction from the Consumer,
b. in the event of withdrawal from the contract by the Consumer - the Seller refunds the price of the Product no later than within 14 days from the date of receipt of the returned goods or proof of sending them back. In the event of withdrawal from the contract, the Consumer is obliged to immediately delete and remove the received Products from all durable media.
c. the response to the complaint is provided on paper or another durable medium, e.g. e-mail or SMS.
§ 7
COPYRIGHTS
1. Ready Products (files) downloaded from the Online Store in their original and unprocessed version are proprietary and may not be shared, resold, licensed or distributed in any way.
a. In particular, it is prohibited to make downloaded files available in their original source format available on the Internet for public download.
2. In the case of Ready Products, the Customer has the exclusive right to use, modify, share or freely distribute all photos and photographs that he has created using and through the data and information contained in the purchased files (Ready Product), for personal purposes. AstrophotoMarket.com does not retain any ownership rights to photos created by the Customer based on the Ready Products.
a. It is allowed to publish on forums, any websites (Facebook, Astrobin, etc.) photos created on the basis of the Order for the Ready Product.
b. Printing photos created on the basis of Ready Products for personal purposes is allowed.
3. The restrictions resulting from this paragraph do not apply to Dedicated Products. In the case of Orders for files created to individual order (Dedicated Products), placed via the form available at AstrophotoMarket.com/admin/custom-request/new, the Customer receives full copyright and property rights to the ordered Products, including the possibility of using them in any way , also for commercial purposes.
§ 8
RIGHT TO WITHDRAW FROM THE CONTRACT
1. Subject to point 5 of this paragraph, the Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days.
2. In the event of withdrawal from the contract, the Sales Agreement is considered null and void, and the Consumer is obliged to delete the received Products from all durable media (pen drives, hard drives, etc.).
3. The fourteen-day period within which the Consumer may withdraw from the contract is counted for the contract under which the Seller makes the Product available for download via the Store.
4. Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party fails to perform its obligation within a strictly specified period.
5. The Consumer is not entitled to withdraw from a distance contract in the case of a Sales Agreement, among others, in which the subject of the service is non-prefabricated goods, manufactured according to the Consumer's specifications or serving to meet his individual needs (Dedicated Product).
§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables the use of the Electronic Service via the Store, which is the conclusion of Product Sales Agreements.
2. The provision of Electronic Services to Service Users in the Store takes place under the conditions specified in the Regulations.
3. The Service Provider has the right to post advertising content on the Store's website. This content constitutes an integral part of the Store and the materials presented therein.
4. Under no circumstances will Astrophotomarket.com be liable for any damages, including, but not limited to, direct, indirect, incidental or consequential damages, resulting from the use of files (Products) downloaded via the Store.
§ 10
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
2. The contract for the provision of Electronic Services consisting in enabling the submission of an Order in the Store is concluded for a fixed period of time and is terminated when the Order is placed or the Service User stops placing it.
3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
a. computer (or mobile device) with Internet access,
b. access to e-mail,
c. internet browser,
d. enabling Cookies and Javascript in the web browser.
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, taking into account the respect for personal rights and intellectual property rights of third parties.
5. The service recipient is obliged to enter data consistent with the actual situation.
6. The Service Recipient is prohibited from providing illegal content.
§ 11
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail to the following address: contact@astrophotomarket.com
2. In the above e-mail message, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Service Provider.
3. The Service Provider will consider the complaint immediately, no later than within 14 days from the date of notification.
4. The Service Provider's response to the complaint is sent to the Service User's e-mail address provided in the complaint or in another manner provided by the Service User.
§ 12
FINAL PROVISIONS
1. Agreements concluded through the Store are concluded in accordance with Polish law.
2. In the event of inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
3. Any disputes arising from Sales Agreements between the Store and Consumers will be resolved first through negotiations, with the intention of amicably ending the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this is not possible or is unsatisfactory for either party, disputes will be resolved by a competent common court.
4. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
5. The Customer who is a Consumer also has the right to use extrajudicial methods of resolving disputes, in particular by submitting, after the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded on the website http://www.uokik. gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also benefit from free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.
6. In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.
