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Terms of service

Original Games 4

1. These Regulations are the Regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), and also regulate the conditions concluding Sales Agreements in the Online Store, in accordance with the content of other laws, adequately regulating this obligation.
2. The store is run by Jerzy Pietruszewski Smart Mobile House with its seat in Krakow, located at: ul. Opolska 110/519, 31-323 Krakow with NIP number: 2220746903 and REGON: 241195630.
3. The entity indicated above, who is the Owner, Seller and Store Administrator, has the exclusive right to run the Original Games 4 Store. If you have any questions, please contact the following contact details: , e-mail support@og4.com.
4. The store operates on the basis of applicable law and respecting good manners in business transactions, in particular taking into account the ecommerce standards regarding the quality of goods and handling of transactions.


Definitions


1. Regulations - these Regulations with attachments, informing about the obligations and rights of the two Parties to the Agreement,
2. Party - a party to the Agreement is the Customer or the Seller - in the case of the term Party - it is understood as the Customer and the Seller jointly,
3. Distance contract - a contract concluded with the Consumer as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the Parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract,
4. Communication channels - specific forms of placing orders remotely,
5. Store - an online store available at: https://www.og4.com, Seller - an online store available at: ul. Opolska 110/519, 31-323 Krakow,
6. Customer - a natural person, legal person and an organisational unit without legal personality, which the law grants legal capacity, purchasing products via the Original Games 4 Online Store,
7. Consumer - a natural person purchasing products via the Original Games 4 Online Store for purposes not directly related to their business or professional activity,
8. Order - submitted by the Customer via the Online Store, the Customer's declaration of will, constituting an offer to conclude a Product sales contract with the Seller,
9. User - each entity using the online store,
10. Account - the User's individual administrative panel available after registration and logging in to the Online Store, marked with a login and password, used to conclude sales contracts
11. Registration Form - a form available in the Online Store that allows you to create an Account,
12. Cart - a virtual tool that allows the Buyer to aggregate selected Products before their purchase and convert their value. When selecting Products, the Buyer may freely manage the contents of the basket by adding additional Products to it or removing them from the basket,
13. Order form - a form available in the Online Store that allows the User to place an Order and its implementation without the need to create an Account,
14. Product - digital content available in the Online Store that is not stored on a tangible medium or a movable item that is the subject of the sales contract between the Buyer and the Seller,
15. Form of payment - the form of payment for the ordered Product, selected by the Customer during the Order placed, offered by the Store,
16. Proof of sale - VAT invoice
17. Attachments - information on the right to withdraw from the contract and a model withdrawal form,
18. Cart - a form of storage of products selected by the Customer for the purpose of their subsequent purchase;
19. Address for deliveries - the address or addresses indicated by the Seller as addresses for making specific statements, being correspondence addresses;
20. Subject of the contract - products or services selected by the Customer, being the subject of the Agreement or the subject of the Provision,
21. Services provided electronically - functionalities of the ICT and IT system enabling the Seller to offer specific technical solutions, such as: the possibility of setting up and maintaining an Account in the Online Store; providing the Newsletter Service and enabling a one-time option to place an Order via the Order Form located in the Online Store; without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the Customer, sent and received using electronic processing devices, including digital compression, and data storage, which is entirely broadcast, received or transmitted via the telecommunications network in within the meaning of the Act of 16 July 2004 Telecommunications Law,
22. IT system - technical and IT structures as well as software enabling transmission,
23. Defect - a legal or physical defect of the purchased product.


§1 General Provisions


1. The Administrator, Owner and Seller in the online store located at https://www.og4.com is Smart Mobile House Jerzy Pietruszewski with its seat in Krakow, located at: ul. Mazowiecka 25, with NIP number: 2220746903 and REGON: 241195630.
2. The Regulations were created on the basis of the highest standards in force in business transactions, with particular emphasis on consumer rights.
3. The customer has the opportunity to read the code of good practice for entrepreneurs. The code of good practice is contained in the Act of 23 August 2007 on counteracting unfair market practices. The current wording of the Act is available at http://isap.sejm.gov.pl.
4. The services provided electronically by the Seller consist of:

a) enabling an Account in the Online Store,
b) enabling the conclusion of the Sales Agreement by completing the Order Form or via e-mail,

5. The prices given on the Store's website are expressed in euros and US dollars and include VAT.
6. The Customer may place orders in the Store 24 hours a day, 7 days a week via the website https://www.og4.com
7. Communication with the Seller carried out by the Customer causes the Customer to bear the costs resulting from contracts concluded by the Customer with third parties for the possibility of using certain forms of distance communication. The Seller does not charge any additional fees or benefits for the possibility of communicating with him.
8. In matters not covered by these Regulations, the relevant legal provisions in force in the territory of the Republic of Poland will apply, in particular the Act of 23 April 1964, the Civil Code, the Act of 30 May 2014 on consumer rights and the general regulation on the protection of personal data of April 27, 2016
9. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer within the meaning of the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), which he is entitled to under mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.


§2 Procedure for placing orders


1. The Customer may place orders in the Store 24 hours a day, 7 days a week via the website https://www.og4.com
2. The shop sells on the territory of the Republic of Poland and abroad.
3. Information about products presented on the Store's website does not constitute an offer within the meaning of the Civil Code; constitute an invitation to conclude a sales contract.
4. Placing an order constitutes an offer within the meaning of the Civil Code, submitted to the Seller by the Customer.
5. Registration is a prerequisite for placing an order in the store.
6. Before completing the Order Form or the Registration Form along with creating an Account, the Buyer is asked to read the Regulations and accept them.
7. The Buyer gains access to the Account via the login and password. The contract for maintaining an Account in the Online Store is concluded for an indefinite period and does not entail any financial obligations for the Buyer. The contract may be terminated at any time by deleting the Account in the Online Store or sending information about the Buyer's resignation to the Seller's e-mail address: support@og4.com.
8. After submitting the correct order, the order is considered placed. Orders placed in the above-mentioned manner are confirmed by e-mail. The moment of concluding the contract is therefore considered to be sending feedback to the Customer confirming the order.


§3 Methods of placing orders


1. The Buyer may choose one of the following methods of placing an Order:

a) placing an Order via an Account created earlier and filling in the Order Form,
b) placing an Order by e-mail,

2. In order to effectively place and execute the Order referred to in point 1 a) of this paragraph, the Buyer is asked to fill in the Registration Form and thus create an Account.
3. In order to effectively place and execute the Order referred to in point 1 b) of this paragraph, the Buyer is asked to add the Product to the Cart, fill in the Order Form available on the Store's website and send it to the Online Store.
4. In order to successfully place and execute the Order referred to in point 1 c) of this paragraph, the Buyer is requested to send an e-mail to the following address: support@og4.com, informing about the intention to place an order.


§4 Payment of the price for the goods


1. All prices presented in the Store are gross prices, including the tax on goods and services (VAT), specified in separate regulations.
2. The Buyer is informed about the total amount of the Order each time before placing the Order.
3. The Buyer may choose one of the following payment methods for the Products ordered:
- internet payment
4. If the Buyer fails to make the payment within 7 days from the confirmation of the Order, the Seller will request the Buyer to make the payment. In the event of an unsuccessful summons, the Seller has the right to cancel the Order, informing the Buyer about it by e-mail
5. Online payments made on-line via the Online Store are handled through the Adyen platform.
6. The Seller reserves the right to change prices.


§ 5 Order fulfillment


1. After making the payment, the purchased Product is made available for download on the Customer Account. 1. A VAT invoice is issued for each order, which is sent to the Customer's e-mail address provided during registration.
2. The Seller, bearing in mind the comfort of the customer, as well as the security of the contract, ensures that any inconvenience at any stage of the order, if any, will arise, will be consulted with the customer and implemented by agreement of the parties. The Seller makes every effort to ensure that the Customer is satisfied.
3. By accepting these Regulations, the Customer agrees to the earlier (at the time of payment) commencement of the provision of the ordered digital content, before the expiry of the 14-day period for returning the goods, which will result in the loss of the right to withdraw from the contract.


§6 Complaints Procedure


1. In the case of contracts concluded with Consumers, the Seller is liable to the Consumer under the terms of art. 556 and subsequent of the Civil Code for physical or legal defects (warranty).
2. The Consumer's claim to remove the defect or replace the Product with a defect-free one shall expire after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the Product to the Consumer.
3. A physical defect is the non-compliance of the Product with the Agreement. In particular, if:

a) does not have properties that this kind of thing should have, due to the purpose specified in the Agreement or resulting from circumstances or destination,
b) does not have properties that the Seller has provided to the Customer, including by presenting a sample or pattern,
c) it is not suitable for the purpose of which the Customer informed the Seller at the conclusion of the Agreement, and the Seller did not raise any objections as to such purpose
d) it was delivered to the Client incomplete.

4. If the purchased Product has a defect, the Consumer may:

a) submit a statement requesting a price reduction,
b) submit a declaration of withdrawal from the Agreement,
c) demand replacement of the product with a product free from defects,
d) demand that the defect be removed.

5. The consumer may not withdraw from the Agreement if the defect is irrelevant.
6. The Seller will respond to the Consumer's report within 14 (fourteen) days. Otherwise, it is considered that the Seller considered the Consumer's statement or request justified.
7. In the case of contracts concluded with Customers who are not also consumers, pursuant to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty is excluded.
8. In accordance with the deadlines indicated in points 2, 3 and 4 of this section of the Regulations, the Consumer may submit a declaration of withdrawal from speech or price reduction due to a physical defect, and if the Consumer requested replacement of the Product with a non-defective one or removal of the defect, the deadline for submitting the statement of withdrawal from the Agreement or price reduction begins with the ineffective expiry of the deadline for replacing the Product or removing the defect.
9. The period for exercising the rights under the warranty for legal defects of the Product starts from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the defect only as a result of an action by a third party - from the date on which the judgment or other decision authority issued in a dispute with a third party has become final.


§ 7 Regulations on the provision of electronic services


1. The Service Provider provides the following Electronic Services via the Online Store available at https://www.og4.com:

a) enabling the order to be placed via the appropriate Form or e-mail.

2. Provision of Electronic Services by the Service Provider is free of charge.
3. The contract for the provision of electronic services consisting in enabling the order to be placed through the appropriate Form is concluded for a definite period of time and is terminated when the order is placed or the Customer ceases to place the order.
4. The Customer is obliged to use the Online Store in a manner consistent with the law and morality, with respect for personal rights and intellectual property rights of third parties.
5. The Customer is prohibited from providing illegal content. It is forbidden to use Electronic Services in a way that unlawfully disrupts the functioning of the Online Store by using specific software or devices and sending or posting unsolicited commercial information in the Online Store.
6. The Customer may submit complaints related to the provision of electronic services via the Original Games 4 Online Store by sending an e-mail to the e-mail address.
7. The Service Provider will consider the complaint immediately, not later than within 14 days from the date of filing the complaint. In the absence of a response, the complaint is considered accepted.
8. The Service Provider will reply to the Complaint to the e-mail address provided by the Service Recipient or in another manner agreed by the Parties.


§8 Personal data protection


The Administrator of Personal Data is Smart Mobile House Jerzy Pietruszewski with its seat in Krakow, located at: ul. Mazowiecka 25, and the basis for the processing of personal data is the implementation of the contract (e.g. registration of an Account or placing an order without registering an Account) or taking action at the request of the Buyer before concluding the contract. In addition, the Buyer may consent to the processing of his e-mail address by the seller for marketing purposes in accordance with the Act of 18 July 2002 on the provision of electronic services (ie: Journal of Laws of 2018, item 1219, as amended. ) and the provisions on the protection of personal data. All details regarding the processing of personal data are included in the Privacy Policy.


§ 9 Copyright


1. All photos of Products and other materials (including texts, graphics, logos) posted on the Original Games 4 Online Store website are the property of the Seller or have been used by the Seller with the consent of third parties who own the copyrights to them.
2. It is forbidden to copy photos and other graphic materials as well as reprint texts posted on the Original Games 4 Online Store website, including their sharing on the Internet without the Seller or other third party having the copyrights to them.
3. It is also forbidden for external entities to download photos from the Original Games 4 Online Store and use them for marketing and commercial purposes.
4. The use of the above-mentioned materials without the written consent of the Seller or another third party who is entitled to copyrights is illegal and may constitute the basis for initiating civil and criminal proceedings against the perpetrators of this practice.


§10 Technical requirements and information about cookies


1. The recommended technical requirements for cooperation with the ICT system are: a computer with Internet access, access to e-mail, a web browser: Internet Explorer version 7.0 or newer with JavaScript and cookies support enabled, Mozilla Firefox version 4.0 or newer with JavaScript support enabled and cookies or Google Chrome version 8 or newer. The recommended monitor resolution is 1024x768 pixels.
2. The store uses cookie technology. Cookie files (also known as "cookies") are IT data, in particular text files, which are stored on the User's end device and are intended for using the Store's website.
3. The files indicated in point 1 allow to recognize the user's device and properly display the website tailored to his individual preferences.
4. The Store uses various types of cookies, which are: Permanent cookies are cookies whose storage period on the end device lasts for the time specified in the parameters of a given file or until the User deletes cookies. Temporary cookies are cookies that are deleted at the end of the so-called session, i.e. logging out of the website, leaving the website or closing the web browser that displays the website. Own cookies are cookies placed on the website by the owner. External cookies are cookies placed on the website by external entities, e.g. to keep anonymous statistics by Google Analytics.
5. In order to change the Cookie Policy settings, the browser settings must be changed.
6. Detailed information on changing cookie settings and their self-removal in the most popular web browsers are available in the help section of the web browser.


§ 11 Final Provisions


1. The law applicable to the contract between the Store and the Customer is Polish law.
2. The content of these Regulations may be changed after informing the users about the scope of the envisaged changes not later than 14 days before their entry into force.
3. Orders placed during the previous version of the Regulations will be implemented in accordance with its provisions.
4. Any disputes arising between the Seller and the Customer, who is a Consumer, will be settled by a common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure.
5. Any disputes arising between the Seller and the Customer who is not a consumer will be settled by a common court having jurisdiction over the seat of the Store.
6. Users can contact the Seller in the following way:

b) email: support@og4.com
c) in writing to the following address: ul. Opolska 110/519, 31-323 Krakow

7. The Customer may access these Regulations at any time via the link on the main page of the Online Store.
8. The Regulations may be recorded, acquired and reproduced by printing them or saving them on an appropriate data carrier.
9. Name of the Original Games 4 online store, address at which it is available: ul. Opolska 110/519. 31-323 Kraków and all materials contained therein are subject to copyright and are protected by law. Using and distributing them without the consent of the Store owner is prohibited.
10. These Regulations are valid from 01-09-2020.
11. The customer has the right to negotiate the provisions of the contract with the Seller each time before placing the order. If the Customer resigns from the possibility of concluding a contract through individual negotiations, these Regulations and generally applicable law shall apply.
12. In the event of a dispute with the Seller, the Consumer may settle the matter amicably by:

a) referring to a permanent consumer arbitration court
b) mediation
c) applying to the provincial inspector of Trade Inspection
d) obtain free assistance in resolving the dispute from the Consumer Federation using the free consumer helpline 800 007 707.


Withdrawal from the contract template