CONTENTS:
GENERAL
PROVISIONS ON ELECTRONIC SERVICES IN THE ONLINE
SHOP; TERMS AND CONDITIONS FOR ENTERING INTO A SALES
CONTRACT; METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
; COST, METHODS AND TIMES FOR DELIVERY OF THE PRODUCT
TERMS FOR THE PROVISION OF TRAINING
SERVICES COMPLAINT
HANDLING PROCEDURE OUT-OF-COURT METHODS FOR HANDLING COMPLAINTSAND THE PURSUIT OF CLAIMS, AND THE RULES GOVERNING ACCESS TO THESE PROCEDURES
RIGHT TO WITHDRAW FROM THE CONTRACT
PROVISIONS RELATING TO BUSINESSES
RULESFOR USING THE PRODUCT – DIGITAL
CONTENT AND SERVICES PRODUCT
REVIEWS PROVISIONS RELATING TO ARTIFICIAL INTELLIGENCE
ILLEGAL CONTENT AND OTHER CONTENT IN BREACH OF THE LAWFINAL
PROVISIONS MODEL WITHDRAWAL FORM
These Terms and Conditions of the Online Shop have been drawn up by lawyers from the Regulaminowo.pl website. The online shop www.videospace.agency safeguards consumer rights. Consumers may not waive the rights granted to them under the Consumer Rights Act. Any contractual provisions that are less favourable to the consumer than those set out in the Consumer Rights Act are void, and the provisions of the Consumer Rights Act shall apply in their place. The provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights to which they are entitled under mandatory provisions of law, and any doubts must be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above-mentioned provisions, the latter shall take precedence and shall apply.
1. GENERAL PROVISIONS
1.1. The Online Shop, accessible at www.videospace.agency, is operated by VIDEOSPACE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Poznań (registered office and address for service: ul. Strzelecka 29A/39, 61-846 Poznań); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000752496; the registry court where the company’s documents are held: Poznań – Nowe Miasto and Wilda District Court in Poznań, 9th Commercial Division of the National Court Register; share capital: 5,000 PLN; Tax Identification Number (NIP): 7861718889; National Business Registry Number (REGON): 381535071, email address: studio@nullvideospace.agency and contact telephone number: +48 61-250-44-13.
1.2. These Terms and Conditions apply to both consumers and businesses using the Online Shop, unless a specific provision of these Terms and Conditions states otherwise.
1.3. The Seller is the data controller for the personal data processed in the Online Shop in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, for the period and on the grounds and in accordance with the principles set out in the privacy policy published on the Online Shop’s website. The privacy policy primarily sets out the rules governing the processing of personal data by the Controller in the Online Shop, including the legal bases, purposes and duration of such processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Shop. Use of the Online Shop, including making purchases, is voluntary. Similarly, the provision of personal data by a Service User or Customer using the Online Shop is voluntary, subject to the exceptions set out in the privacy policy (conclusion of a contract and the Seller’s statutory obligations).
1.4. Definitions:
DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Services Single Market and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).
BLOG – An electronic service, an online blog available on the Online Shop to its Customers, enabling them to view the Service Provider’s posts, in particular those relating to its activities and the Products it offers.
WORKING DAY – any day from Monday to Friday, excluding public holidays.
CONTACT FORM – An electronic service: an interactive form available on the Online Shop, enabling direct contact with the Service Provider.
REGISTRATION FORM – a form available in the Online Shop that enables you to create an Account.
ORDER FORM – Electronic Service: an interactive form available on the Online Shop enabling the placing of an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Contract, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity, and, in the cases provided for by generally applicable legislation, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law confers legal capacity – which has entered into or intends to enter into a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT – An electronic service, identified by a unique name (username) and a password provided by the Customer, comprising a set of resources within the Service Provider’s IT system, in which the data provided by the Customer and information about Orders placed by them in the Online Shop are stored.
NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Users who subscribe to it to automatically receive from the Service Provider regular updates in the form of successive editions of the newsletter containing information about Products, new arrivals and promotions in the Online Shop.
ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, does not comply with European Union law or with the law of any Member State that is consistent with European Union law, irrespective of the specific subject matter or nature of that law.
PRODUCT – (1) digital content, (2) a service (including a digital service and a non-digital service) or (3) a right available in the Online Shop, which forms the subject matter of the Contract of Sale between the Customer and the Seller.
TERMS AND CONDITIONS – these terms and conditions of the Online Shop.
ONLINE SHOP – the Service Provider’s online shop, accessible at the following web address: www.videospace.agency.
SELLER, SERVICE PROVIDER – VIDEOSPACE LIMITED LIABILITY COMPANY, with its registered office in Poznań (registered office and address for service: 29A/39 Strzelecka Street, 61-846 Poznań); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000752496; the registry court where the company’s records are kept: Poznań – Nowe Miasto and Wilda District Court in Poznań, 9th Commercial Division of the National Court Register; share capital: 5,000 PLN; Tax Identification Number (NIP): 7861718889; National Business Registry Number (REGON): 381535071; email address: studio@nullvideospace.agency and the contact telephone number: +48 61 250 44 13.
SALES AGREEMENT – (1) an agreement for the supply of a Product (in the case of digital content or a digital service), (2) a contract for the provision or use of the Product (in the case of a service other than a digital service and other Products) entered into or concluded between the Customer and the Seller via the Online Shop.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Shop, which is not a Product.
TRAINING SERVICE – A product or service whereby the Seller organises, on behalf of the Customer, the training which forms the subject matter of the concluded Sales Agreement.
SERVICE USER – (1) a natural person with full legal capacity, and, in the cases provided for by generally applicable legislation, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – which uses or intends to use the Electronic Service.
THE CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
ORDER – a declaration of intent by the Customer made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available on the Online Shop: Blog, Contact Form, Order Form, Account and Newsletter.
You can view the Blog by going to the ‘News’ tab in the Online Shop. The Blog is available free of charge to all visitors to the Online Shop, without the need to provide any personal details or carry out any other actions. On the Blog, the Service Provider publishes articles relating to the subject matter of the Online Shop and its Products.
The user may, at any time and without giving any reason, stop using the Blog’s electronic service by closing their web browser.
Contact Form – use of the Contact Form begins once the Customer has completed a total of two consecutive steps – (1) navigating to the ‘Contact’ tab and (2) clicking the ‘Send’ button on the Online Shop page after completing the Contact Form. In the Contact Form, the Service User must provide the following details: first name and surname, email address and contact telephone number. To ensure a smoother service, the Service User may also provide the content of their enquiry.
The Electronic Contact Form service is provided free of charge; it is a one-off service and ceases as soon as a message is sent via the form or as soon as the Service User stops using it.
Order Form – use of the Order Form commences when the Customer adds the first Product to the online shopping basket in the Online Shop. An Order is placed once the Customer has completed a total of two consecutive steps – (1) completing the Order Form and (2) clicking the ‘Buy and pay’ button on the Online Shop’s website after completing the Order Form – up to this point, it is possible to amend the details entered yourself (to do so, please follow the on-screen prompts and the information available on the Online Shop’s website). In the Order Form, the Customer must provide the following details: first name and surname/company name, address (street, house/flat number, postcode, town/city, country), email address, contact telephone number, and details relating to the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of the Product(s), and payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).
The ‘Electronic Order Form’ service is provided free of charge; it is a one-off service and ceases upon the submission of an Order via the service or upon the Service User ceasing to place Orders via the service at an earlier date.
Account – the Account may be used once the Service User has completed a total of two three consecutive steps – (1) completing the Registration Form, (2) clicking the ‘REGISTER’ button; and (3) clicking the activation link, which is automatically sent to the Service User at the email address they have provided. In the Registration Form, the User must provide the following details: the User’s email address.
The ‘Electronic Account’ service is provided free of charge for an indefinite period. The User may, at any time and without giving a reason, delete their Account (cancel their Account) by sending a request to that effect to the Service Provider, in particular by email to the address: studio@nullvideospace.agency or in writing to the following address: ul. Sportowa 3A/26, 63-000 Środa Wielkopolska.
Newsletter – to subscribe to the Newsletter, you must enter the email address to which future issues of the Newsletter are to be sent in the pop-up window that appears on the Online Shop’s website, and then click the ‘Subscribe!’ button.
The Electronic Newsletter service is provided free of charge for an indefinite period. The Service User may, at any time and without giving a reason, unsubscribe from the Newsletter by sending a request to that effect to the Service Provider, in particular by email to the address: studio@nullvideospace.agency or in writing to the following address: Sportowa 3A/26, 63-000 Środa Wielkopolska.
2.2. Technical requirements necessary for use of the ICT system operated by the Service Provider: (1) a computer, laptop or other multimedia device with internet access; (2) access to email; (3) the latest version of a web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) the web browser must be configured to accept cookies and support JavaScript.
2.3. The Customer is obliged to use the Online Shop in a manner consistent with the law and public decency, whilst respecting the personal rights, copyright and intellectual property rights of the Service Provider and third parties. The Customer is obliged to provide information that is true and accurate. The Customer is prohibited from providing unlawful content, including Illegal Content.
2.4. The complaints procedure relating to Electronic Services is set out in clause 7 of the Terms and Conditions.
3. TERMS AND CONDITIONS FOR ENTERING INTO A SALE AGREEMENT
3.1. A Sales Contract between the Customer and the Seller is concluded once the Customer has placed an Order using the Order Form on the Online Shop, in accordance with clause 2.1.3 of the Terms and Conditions.
3.2. The price of the Product or the fee for the Product displayed on the Online Shop’s website is quoted in euros and includes tax. You will be informed of the total price or fee, including tax, and where the nature of the Product does not, upon reasonable assessment, allow for the amount of such charges to be calculated in advance – the method by which they will be calculated, as well as delivery costs (including transport, delivery or postal service charges) and other costs, and where the amount of these charges cannot be determined – the obligation to pay them – the Customer is informed on the Online Shop’s website, including whilst placing an Order and at the moment the Customer expresses their intention to be bound by the Contract of Sale. In the case of a Product Sales Contract concluded for an indefinite period or covering a subscription, the Seller shall specify in the same manner the total price or remuneration covering all payments for the billing period, and where the Sales Contract provides for a fixed rate – also the total monthly payments.
3.3. Procedure for concluding a Sales Contract in the Online Shop using the Order Form
A Sales Contract between the Customer and the Seller is concluded once the Customer has placed an Order via the Online Shop in accordance with clause 2.1.3 of the Terms and Conditions.
Upon placing the Order, the Seller shall immediately confirm receipt thereof and, at the same time, accept the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment shall take place by the Seller sending the Customer an appropriate e-mailto the Customer’s email address provided when placing the Order, which contains at least the Seller’s statement confirming receipt of the Order and its acceptance for fulfilment, as well as confirmation of the conclusion of the Sales Agreement. Upon the Customer’s receipt of the aforementioned email, the Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Shop’s website and (2) sending the Customer the email referred to in clause 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Shop’s IT system.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller offers the Customer the following payment methods under the Sales Contract:
Payment by bank transfer to the Seller’s bank account.
Electronic payments and card payments via Stripe and PayPal.com – the current available payment methods are specified on the Online Shop’s website in the information tab concerning payment methods, and on the websites http://www.stripe.com.pl and https://www.paypal.com/pl.
Transactions involving electronic payments and card payments are processed, at the Customer’s discretion, via Stripe or PayPal.com. Electronic and card payment processing is handled by:
com – Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland).
PayPal – PayPal (Europe) S.a r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, Grand Duchy of Luxembourg, Commercial Register Number: R.C.S. Luxembourg B 118 349, VAT Number: LU22046007.
4.2. Payment deadline:
If the Customer chooses to pay by bank transfer, electronic payment or payment card, they are obliged to make the payment within 14 calendar days of the date on which the Sales Contract is concluded.
5. COST, METHODS AND DELIVERY DATE OF THE PRODUCT
5.1. Delivery of the Product is available within the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is subject to a charge, unless otherwise specified in the Sales Contract. The costs of delivering the Product (including charges for transport, delivery and postal services) are shown to the Customer on the Online Shop’s web pages in the information tab concerning delivery costs and during the placing of the Order, including at the moment the Customer expresses their intention to be bound by the Sales Contract.
5.3. The Seller offers the Customer the following delivery options for the Product:
Electronic delivery in the case of a Product – digital content, which involves sending the Customer, via email to the email address provided by the Customer when placing the Order, a unique web link (URL) enabling the Product to be downloaded. Where a unique web link (URL) enabling the download of the Product is provided, the Seller guarantees that it will function correctly for a period of 30 days from the date of provision; after this period, the Customer must contact the Seller to have the link reissued. The Seller recommends that the Product be downloaded and saved digitally to the Customer’s computer during this period.
5.4. The delivery time for the Product to the Customer is up to 14 Working Days, unless a shorter period is specified in the description of the Product in question or when placing the Order. In the case of Products with different delivery times, the delivery time shall be the longest specified time, which, however, may not exceed 14 Working Days. The start of the delivery period for the Product to the Customer is calculated as follows:
Where the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date on which the funds are credited to the Seller’s bank account or settlement account.
6. TERMS AND CONDITIONS FOR THE PROVISION OF TRAINING SERVICES
6.1. This clause 6 of the Terms and Conditions applies to the Product constituting a Training Service. Training Services are provided in accordance with the provisions of this clause 6 of the Terms and Conditions and in accordance with the training programme shown to the Customer on the Online Shop’s website prior to placing an Order.
6.2. The Seller shall exercise due care to ensure that the Training Services are performed correctly, reliably and in accordance with applicable standards.
6.3. When organising training courses, the Seller may engage assistants and subcontractors, whom it shall select at its own discretion.
6.4. In order to ensure the proper provision of the Training Services, additional arrangements between the Customer and the Supplier may also be necessary prior to the Supplier commencing the provision of the service. In such cases, the services shall be provided on terms agreed in detail between the Customer and the Seller, in particular at the time and place agreed by the parties following the conclusion of the Sales Contract.
6.5. The Training Services typically involve organising training on a subject chosen by the Client. Depending on the arrangements agreed and the type of training, sessions may be held in person or online (via electronic means of communication).
6.6. Unless otherwise provided for in the Sales Agreement, the price of the Training Services paid by the Customer covers only the cost of organising the training (including the cost of training materials and the Customer’s certificate of attendance), excluding the Customer’s travel and accommodation costs. In the case of online training courses, the Client is also obliged to bear, at their own expense, the costs of data transmission required to participate in the training.
6.7. In the event of subsequent cancellation, the Customer shall be obliged to reimburse the Seller for any expenses already incurred in organising the training and to pay remuneration corresponding to the work carried out by the Seller to date. If the cancellation is made without valid grounds justifying the need to withdraw from the training, the Customer shall also compensate the Seller for any loss suffered, in accordance with general principles.
6.8. If, prior to the training taking place, the Seller cancels the training for reasons for which the Customer is not responsible, or if the Sales Contract is terminated or expires for reasons beyond the control of either party (in particular, events of force majeure), the Customer shall be entitled to a full refund of the costs paid.
6.9. In the event that the training is not delivered by the agreed date for reasons attributable to the Seller (e.g. due to unforeseen circumstances, etc.), the Seller undertakes to ensure that the training is organised on an alternative date agreed with the Customer. The Service Provider undertakes to inform the Customer of any anticipated changes without delay by sending an email to the Customer’s address provided in the Order or by sending a text message to the telephone number provided. Should the Customer not accept the Seller’s proposal, the Customer is entitled to a refund of the payment for the training session that did not take place.
6.10. The provisions of this Section 6 of the Terms and Conditions do not exclude or limit the mandatory statutory rights of a Customer who is a consumer (and, from 1 January 2021 and in respect of Contracts concluded from that date onwards, also a Customer who is a natural person entering into a contract directly related to their business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, as evidenced in particular by the nature of their business activity, as disclosed under the provisions on the Central Register and Information on Business Activity).
7. COMPLAINTS HANDLING PROCEDURE
7.1. This Section 7 of the Terms and Conditions sets out the procedure for handling complaints, which applies to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints relating to the operations of the Seller or the Online Shop.
7.2. A complaint may be lodged, for example:
in writing to the following address: ul. Sportowa 3A/26, 63-000 Środa Wielkopolska;
electronically via email to: studio@nullvideospace.agency
7.3. It is recommended that the complaint description include: (1) information and circumstances relating to the subject of the complaint, in particular the nature and date of the defect or breach of contract; (2) a request for the manner in which compliance with the contract is to be restored, or a statement regarding a price reduction, withdrawal from the contract, or any other claim; and (3) the contact details of the person lodging the complaint – this will facilitate and expedite the handling of the complaint. The requirements set out in the preceding sentence are merely recommendations and do not affect the validity of complaints submitted without the recommended description.
7.4. Should the complainant change the contact details provided whilst the complaint is being investigated, they are obliged to notify the Seller of this.
7.5. The person making the complaint may attach evidence (e.g. photographs, documents or the Product) relating to the subject of the complaint. The Seller may also ask the person making the complaint to provide additional information or send evidence (e.g. photographs) if this will facilitate and speed up the Seller’s handling of the complaint.
7.6. The Seller shall respond to the complaint without delay, and no later than 14 calendar days from the date of receipt.
7.7. The basis and scope of the Seller’s statutory liability are set out in generally applicable legal provisions, in particular in the Civil Code, the Consumer Rights Act and the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Further information regarding the Seller’s statutory liability for the Product’s conformity with the Sales Contract is set out below:
In the event of a complaint regarding a Product – digital content, a digital service or a movable item serving solely as a medium for digital content – purchased by the Customer under a Contract of Sale concluded with the Seller on or after 1 January 2023 or before that date, if the delivery of such a Product was due to take place or did take place after that date – the provisions of the Consumer Rights Act in the version in force from 1 January 2023 shall apply, in particular Articles 43h–43q of the Consumer Rights Act. These provisions set out, in particular, the basis and scope of the Seller’s liability towards the consumer in the event of the Product’s non-conformity with the Sales Agreement.
7.8. In addition to statutory liability, a guarantee may be provided for the Product – this constitutes contractual (additional) liability and may be invoked where the Product in question is covered by a guarantee. A warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms and conditions regarding liability under the warranty, including the details of the party responsible for honouring the warranty and the party entitled to claim under it, are available in the warranty description, e.g. in the warranty certificate or elsewhere relating to the grant of the warranty. The Seller states that, in the event of the Product’s non-conformity with the contract, the Customer is entitled by law to legal remedies at the Seller’s expense, and that the warranty does not affect these legal remedies.
7.9. The provisions concerning consumers set out in clause 7.7.1 of the Terms and Conditions also apply to a Customer who is a natural person entering into a contract directly related to their business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, as evidenced, in particular, by the nature of their business activity, as disclosed under the provisions governing the Central Register and Information on Business Activity.
8. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSING CLAIMS, AND THE RULES GOVERNING ACCESS TO THESE PROCEDURES
8.1. Methods of resolving disputes without recourse to the courts include, amongst others, (1) facilitating a rapprochement between the parties’ positions, e.g. through mediation; (2) proposing a resolution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (an arbitral tribunal). Detailed information regarding the options available to a Customer who is a consumer for out-of-court complaint handling and the pursuit of claims, the rules governing access to these procedures and a user-friendly search engine for organisations specialising in the amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
8.2. A contact point operates under the authority of the President of the Office of Competition and Consumer Protection; its tasks include, amongst other things, providing consumers with information on the out-of-court resolution of consumer disputes. Consumers may contact the helpdesk: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to: kontakt.adr@nulluokik.gov.pl or (3) in writing or in person – at the Office’s headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
8.3. The consumer has the following examples of options for using out-of-court dispute resolution and pursuing claims: (1) a request for dispute resolution to a permanent consumer arbitration tribunal; (2) a request for out-of-court dispute resolution to the provincial inspector of the Consumer Protection Inspectorate; or (3) seeking assistance from the district (municipal) consumer ombudsman or a civil society organisation whose statutory remit includes consumer protection (including, amongst others, the Consumers’ Federation and the Association of Polish Consumers). Advice is provided, amongst other things, by email at porady@nulldlakonsumentow.pl and via the consumer helpline on 801 440 220 (the helpline is open on working days, from 8.00 am to 6.00 pm, call charges apply according to your operator’s rates).
9. RIGHT TO WITHDRAW FROM THE CONTRACT
9.1. The consumer is not entitled to the right to withdraw from a distance contract in respect of the following contracts:
(1) the provision of services for which the consumer is obliged to pay a price, provided that the Seller has fully performed the service with the consumer’s express and prior consent, and the consumer was informed before the service began that they would lose their right to withdraw from the contract once the Seller had performed the service, and acknowledged this; (2) the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, provided that the Seller has commenced performance with the consumer’s express and prior consent, and the consumer was informed before the start of performance that, once the Seller has fulfilled the service, the consumer would lose the right to withdraw from the contract, and the consumer acknowledged this; and the Seller has provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act;
9.2. Subject to clause 9.1 of these Terms and Conditions, a consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in clause 9.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the notice before the deadline expires. A notice of withdrawal from the contract may be submitted, for example:
in writing to the following address: ul. Sportowa 3A/26, 63-000 Środa Wielkopolska;
electronically via email to the following address: studio@nullvideospace.agency.
9.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in point 16 of the Terms and Conditions. The consumer may use the sample form, but this is not compulsory.
9.4. The period for withdrawing from the contract begins:
for a contract under which the Seller delivers the Product and is obliged to transfer ownership of it – from the moment the Product is taken into possession by the consumer or a third party designated by the consumer other than the carrier; and in the case of a contract which: (1) covers multiple Products which are supplied separately, in batches or in instalments – from the time the last Product, batch or instalment is taken into possession; or (2) involves the regular supply of Products for a specified period – from the time the first Product is taken into possession;
for all other contracts – from the date on which the contract was concluded.
9.5. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
9.6. The seller is obliged to refund the consumer all payments made by the consumer without delay, and no later than 14 calendar days from the date of receipt of the consumer’s notice of withdrawal from the contract. The seller shall refund the payment using the same method of payment as that used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not entail any costs for them.
9.7. Products – digital content or digital services:
In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – from the date of receipt of the consumer’s notice of withdrawal, the Seller may not use any content other than personal data supplied or generated by the consumer whilst using the Product – digital content or a digital service – supplied by the Seller, with the exception of content which: (1) is useful solely in connection with the digital content or digital service that was the subject of the contract; (2) relate solely to the consumer’s activities whilst using the digital content or digital service supplied by the Seller; (3) have been combined by the trader with other data and cannot be separated from it, or can only be separated with disproportionate effort; (4) have been created by the consumer in collaboration with other consumers who may continue to use it. With the exception of the cases referred to above in points (1)–(3), the Seller shall, at the consumer’s request, make available to them content other than personal data which has been supplied or created by the consumer whilst using the digital content or digital service supplied by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from continuing to use the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user’s account, which shall not affect the consumer’s rights referred to in the preceding sentence. The consumer has the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – the consumer is obliged to cease using that digital content or digital service and to stop making it available to third parties.
9.8. Any costs associated with the consumer’s withdrawal from the contract which the consumer is obliged to bear:
In the case of Products – movable goods (including movable goods with digital elements) – if the consumer has chosen a method of delivery for the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to reimburse the consumer for any additional costs incurred by them.
In the case of Products – movable goods (including movable goods with digital elements) – the consumer shall bear the direct costs of returning the Product.
In the case of a Product – a service – the performance of which, at the consumer’s express request, commenced before the expiry of the withdrawal period, a consumer who exercises their right to withdraw from the contract after making such a request is obliged to pay for the services provided up to the point of withdrawal. The amount payable is calculated in proportion to the extent of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
9.9. The provisions concerning consumers set out in this Section 9 of the Terms and Conditions shall apply, for contracts concluded from 1 January 2021, also to a Service Recipient or Customer who is a natural person entering into a contract directly related to their business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, as determined in particular by the subject of their business activity, as disclosed under the provisions on the Central Register and Information on Economic Activity.
10. PROVISIONS RELATING TO ENTREPRENEURS
10.1. This clause 10 of the Terms and Conditions and all provisions contained therein are directed at, and are therefore binding solely upon, the Customer or Service Recipient who is not a consumer. Furthermore, from 1 January 2021, and for contracts concluded from that date, this clause of the Terms and Conditions and all provisions contained therein are not directed at, and are therefore not binding on, a Customer or Service Recipient who is a natural person entering into a contract directly related to their business activities, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the nature of their business activity, as disclosed under the provisions on the Central Register and Information on Economic Activity, unless the application of the provisions contained in this clause of the Terms and Conditions to such persons is prohibited.
10.2. The Seller is entitled to withdraw from the Sales Agreement within 14 calendar days of the date of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving any reason and does not give rise to any claims by the Customer against the Seller.
10.3. The Seller’s liability under the warranty for the Product or for the Product’s non-conformity with the Contract of Sale is excluded.
10.4. The Seller shall respond to a complaint within 30 calendar days of receiving it.
10.5. The Seller is entitled to restrict the available payment methods, including requiring full or partial prepayment, irrespective of the payment method chosen by the Customer and whether or not a Sales Contract has been concluded.
10.6. The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without giving reasons by sending the Service User a statement to that effect.
10.7. The Service Provider’s/Seller’s liability towards the Service User/Customer, regardless of its legal basis, is limited – both in respect of a single claim and in respect of all claims in aggregate – to the amount of the price paid and the delivery costs under the Sales Contract, but not exceeding one thousand zlotys. The financial limit referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in cases where no Sales Contract has been concluded or where the claims are unrelated to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of concluding the contract and shall not be liable for loss of profits. The Seller shall also not be liable for any delay in the delivery of the consignment.
10.8. If the Training Services are cancelled less than 14 working days before the agreed date of the training, the Customer may be charged by the Seller the full cost of participation in the training.
10.9. The Seller reserves the right to change the venue at which the training is to be held, as well as to change the trainer, and this shall not give rise to any claims by the Customer against the Seller.
10.10. The Seller reserves the right to cancel a training course or reschedule it if an insufficient number of participants is reached. The Seller also has the right to cancel a scheduled training session in the event of unforeseeable circumstances that could not have been predicted in advance, such as weather conditions, the sudden unavailability of the trainer, or the sudden unavailability of the training venue. The cancellation or rescheduling of a training course for the reasons set out in the following clause of these Terms and Conditions shall not give rise to any claims on the part of the Customer against the Seller.
10.11. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be referred to the court having jurisdiction over the Seller’s/Service Provider’s registered office.
11. TERMS OF USE – DIGITAL CONTENT AND SERVICES
11.1. This Section 11 of the Terms and Conditions sets out the default rules for the use of the Products – digital content and services available in the Online Shop. These rules apply where no individual terms and conditions of use have been established for a particular Product, or in respect of matters not covered by such individual terms and conditions (e.g. in the case of a licence granted by the manufacturer of a particular Product, the manufacturer’s licence shall apply).
11.2. The rights to the Product, including copyright in the case of Products constituting a work within the meaning of the Copyright Act, are vested in the Seller or other authorised third parties.
11.3. Under the terms of the Sales Agreement, the Customer is entitled to use the Product in the manner and to the extent necessary for its use for the purposes specified in the Sales Agreement, and, in the absence of such specification, for the purposes for which a Product of this type is ordinarily used, taking into account applicable legislation, technical standards or best practice.
11.4. The Customer may use the Product solely for their own purposes, including in the course of their business activities, unless the Sales Agreement provides otherwise. Subject to the exceptions provided for by generally applicable law and any contrary provisions of the Sales Agreement: (1) The Customer is not entitled to make the Product available to third parties; (2) The Customer is not authorised to use the Product for commercial purposes, including placing the Product on the market; (3) The Customer is not entitled to transfer, sub-license or authorise other persons to use the Product; (4) The Customer is not entitled to copy, reproduce, modify, adapt, translate, decode, decompile, disassemble or make any other attempts to interfere with the Product, unless this is necessary to ensure the proper use of the Product in accordance with the Sales Agreement.
11.5. The Customer may use the Product for the period specified in the Sales Agreement.
11.6. Access to the Product is granted by sending digital content or a link (URL) enabling its playback to the email address provided by the Customer when placing the Order.
11.7. The Seller may make a change to the Product which is not necessary to ensure its compliance with the Sales Contract, provided that at least one of the following justified reasons applies, i.e. the modification is necessary to adapt digital content or a digital service to a new technical environment, to accommodate an increase in the number of users, or for other significant operational reasons – and only to the extent that such a reason affects the modification. However, the Seller may not make changes to a Product supplied on a one-off basis. The introduction of the modification referred to above must not entail any costs for the consumer, and the Seller is obliged to inform the consumer in a clear and comprehensible manner about the modification being made. If the change referred to above significantly and adversely affects the consumer’s access to or use of the Product, the Seller is obliged to inform the consumer, in good time and on a durable medium, of the nature and date of the change, as well as of the right to terminate the Sales Contract without notice within 30 days of the date on which the change is made or of being informed of the changeif the notification took place after the change. The right of termination referred to in the previous paragraph shall not apply if the Seller has ensured that the consumer is entitled, at no additional cost, to retain the Product in accordance with the Sales Contract, in an unaltered state.
12. PRODUCT REVIEWS
12.1. The Seller enables its Customers to post and access reviews of Products and the Online Shop in accordance with the terms set out in this section of the Terms and Conditions.
12.2. Customers may submit a review by sending it to the Seller’s email address: studio@nullvideospace.agency.
12.3. A product review may only be posted for Products actually purchased from the Seller’s Online Shop and by the Customer who purchased the Product being reviewed. It is prohibited to enter into fictitious or sham Sales Agreements for the purpose of leaving a review of a Product. A review of the Online Shop may be left by a person who is a Customer of the Online Shop.
12.4. The posting of reviews by Customers must not be used for unlawful activities, in particular for acts constituting unfair competition, or for acts infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When posting a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and accepted standards of conduct.
12.5. Reviews are displayed directly on the Online Shop’s website (e.g. alongside a particular Product).
12.6. The Seller ensures that the reviews published about the Products are from its Customers who have purchased the Product in question. To this end, the Seller takes the following steps to verify that the reviews are from its Customers:
The publication of a review submitted to the Seller is subject to verification. Verification involves checking that the review complies with the Terms and Conditions, in particular by checking whether the person submitting the review is a Customer of the Online Shop – in which case the Seller checks whether that person has made a purchase from the Online Shop, and in the case of a review of a Product, additionally checks whether they have purchased the Product being reviewed. Verification takes place without undue delay.
In the event of any doubts on the part of the Seller or objections raised with the Seller by other Customers or third parties, as to whether a particular review originates from a Customer or whether a particular Customer purchased the Product in question, the Seller reserves the right to contact the author of the review to clarify and confirm that they are indeed a Customer of the Online Shop or that they purchased the Product being reviewed.
12.7. Any comments, appeals against the verification of a review, or objections as to whether a particular review was written by a Customer or whether a particular Customer purchased the Product in question may be submitted in accordance with the same procedure as that set out in clause 6 of these Terms and Conditions.
12.8. The Seller shall not post, or instruct any other person to post, false customer reviews or recommendations, nor shall it distort customer reviews or recommendations for the purpose of promoting its Products. The Seller shall make both positive and negative reviews available. The Seller shall not publish sponsored reviews.
13. PROVISIONS RELATING TO ARTIFICIAL INTELLIGENCE
13.1. General Principles Governing the Use of Artificial Intelligence (AI) in the Provision of Services
The Seller hereby informs you that, in order to optimise and innovate the services it provides, it uses advanced artificial intelligence (AI) systems within the meaning of Regulation (EU) (EU) 2024/1689 of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144, and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (the Artificial Intelligence Act) of 13 June 2024 (OJ EU L of 2024, p. 1689) (AI Act). The use of AI includes, amongst other things, the generation of video content, dubbing, the personalisation of materials and the automation of creative processes.
The Seller bears full responsibility for the actions and decisions of its AI systems to the same extent as for the actions of its own employees or subcontractors, in accordance with the general principles of civil liability under the Civil Code. AI is a tool used by the Seller to fulfil contractual obligations, and is not a separate legal entity.
13.2. The Customer’s Rights in Interactions with AI:
The customer has the right to request human intervention when interacting with an AI system, particularly if this leads to significant decisions or has a substantial impact on the consumer, in accordance with Article 22 of the GDPR.
The customer has the right to challenge a decision made by the AI system.
The Customer has the right to lodge a complaint in accordance with Article 7a of the Consumer Rights Act, regardless of whether the problem arises from the operation of the AI or other factors.
13.3. The Seller undertakes to ensure that any AI-generated content made available to the Customer is clearly labelled as having been created or supported by artificial intelligence, in accordance with the transparency requirements of the AI Act.
13.4. The Seller guarantees that AI-generated content complies with applicable legislation, including copyright law, consumer law and ethical principles. The Service Provider shall be liable for any AI-generated content that is misleading, untrue or infringes consumer rights, including where it constitutes unfair commercial practices under the Consumer Rights Act.
13.5. Specific Provisions for Services Utilising AI:
By commissioning the service, the customer consents to the processing of their voice and image (biometric) data for the purpose of creating an AI voice-over model and lip-syncing, in accordance with the Privacy Policy.
The Seller guarantees that the animations and images generated by AI will comply with the guidelines provided and will not contain any misleading content. Any breach of the contract shall constitute grounds for a complaint in accordance with the Consumer Rights Act. By commissioning the service, the
Customer gives their explicit consent to the recording of material for training the LLM model (30 mins) and to the processing of their voice and image (biometric) data for the purpose of creating a digital persona and generating a video, in accordance with the Privacy Policy.
Where the Seller provides the Customer with legally required information on a durable medium (e.g. confirmation of the conclusion of the contract, terms and conditions of service), and this information is contained within an AI-generated video or other AI communication, the Service Provider shall ensure that the content is also provided in a downloadable and durable format (e.g. PDF, email with an attachment).
13.6. The Customer’s Rights in Interactions with AI:
has the right to request human intervention when interacting with an AI system, particularly if this leads to significant decisions or has a substantial impact on the Customer;
has the right to challenge a decision made by the AI system;
the right to lodge a complaint, regardless of whether the issue arises from the operation of the AI or other factors.
13.7. Requirements Regarding AI-Generated Content:
Labelling of AI-Generated Content: All content (text, images, video) generated or supported by AI will be clearly labelled so that the Customer is aware of its origin.
Liability for Misleading Content: The Shop shall be liable for any AI-generated content that is misleading, is untrue or infringes consumer rights, including constituting unfair commercial practices under the Consumer Rights Act and the Competition and Consumer Protection Act.
Ensuring Compliance with the Law: The Shop undertakes to ensure that AI-generated content complies with applicable legislation, including copyright law and consumer law.
13.8. Specific Provisions for AI Use Cases:
Sending email reminders to leave a review via a plugin installed in WordPress:
The shop may use automated tools, including AI systems, to manage after-sales communication, including sending reminders about the option to leave a review of purchased products.
Customers may opt out of receiving such reminders at any time via the unsubscribe link included in every email.
AI
video production: Videos presenting products or services available in the Shop may be generated using AI technology.
The Shop guarantees that AI-generated video content is accurate and consistent with the actual state of the product or service.
13.9. The following practices relating to AI are prohibited:
the placing on the market, putting into service or use of an AI system that employs subliminal techniques operating outside a person’s awareness, or deliberate manipulative or misleading techniques, the purpose or effect of which is to bring about a significant change in the behaviour of an individual or group of individuals by substantially impairing their ability to make informed decisions, thereby causing them to take a decision that they would not otherwise have taken, in a manner that causes or is likely to cause them, another person or a group of persons;
the placing on the market, putting into service or use of an AI system that exploits the vulnerabilities of a natural person or a specific group of persons on the grounds of their age, disability or particular social or economic situation, the purpose or effect of which is to bring about a significant change in the behaviour of that person or a person belonging to that group in a manner that causes, or is reasonably likely to cause, serious harm to that person or to another person;
the placing on the market, putting into service or use of AI systems for the purpose of evaluating or classifying natural persons or groups of persons over a specified period of time on the basis of their social behaviour or known, inferred or predicted personal characteristics or personality traits, where such social scoring leads to one or both of the following effects:
unfair or disadvantageous treatment of certain individuals or groups of people in social contexts that are unrelated to the contexts in which the data was originally generated or collected;
unfair or disadvantageous treatment of certain individuals or groups of people, which is unjustified or disproportionate to their social behaviour or the seriousness of that behaviour;
placing on the market, putting it into service for that specific purpose, or using an AI system to carry out risk assessments in relation to natural persons, in order to assess or predict the risk of a natural person committing a criminal offence, based solely on the profiling of that natural person or the assessment of their personality traits and characteristics; this prohibition does not apply to AI systems used to support a human assessment of a person’s involvement in criminal activity, where that assessment is already based on objective and verifiable facts directly related to criminal activity;
the placing on the market, putting into service for that specific purpose, or use of AI systems that create or expand databases for the purpose of facial recognition through untargeted scraping (known as ‘untargeted scraping’) of facial images from the internet or CCTV footage;
placing on the market, putting into service for that specific purpose, or using AI systems to draw conclusions about a natural person’s emotions in the workplace or in educational institutions, except where the AI system is to be deployed or placed on the market for medical or safety reasons;
13.10. placing on the market, putting into service for that specific purpose, or using biometric categorisation systems which individually categorise natural persons on the basis of their biometric data, in order to infer or deduce information regarding their race, political opinions, trade union membership, religious or philosophical beliefs, gender identity or sexual orientation; this prohibition does not apply to the labelling or filtering of lawfully obtained sets of biometric data, such as images, on the basis of biometric data, nor to the categorisation of biometric data in the context of law enforcement.
14. ILLEGAL CONTENT AND OTHER CONTENT THAT BREACHES THE TERMS AND CONDITIONS
14.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act insofar as they relate to the Online Shop and the Service Provider. As a general rule, the Customer is not obliged to provide content whilst using the Online Shop, unless the Terms and Conditions require the provision of specific data (e.g. details for placing an Order). The Customer may be able to add a review or comment on the Online Shop using the tools provided for this purpose by the Service Provider. In any instance where the Customer provides content, they are obliged to comply with the rules set out in these Terms and Conditions.
14.2. POINT OF CONTACT – The Service Provider designates the email address studio@nullvideospace.agency as the single point of contact. The point of contact enables direct communication between the Service Provider and the authorities of the Member States, the European Commission and the Digital Services Board, whilst also enabling service recipients (including Service Users) to communicate directly, swiftly and conveniently with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English as the languages for communication with its point of contact.
14.3. Procedure for reporting illegal content and actions in accordance with Article 16 of the Digital Services Act:
To the email address studio@nullvideospace.agency: any person or entity may report to the Service Provider the presence of specific information which that person or entity considers to be Illegal Content.
The report should be sufficiently precise and properly substantiated. To this end, the Service Provider enables and facilitates the submission, to the email address provided above, of reports containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the information in question constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of Illegal Content, in accordance with the type of content and the specific type of service; (3) the full name and email address of the person or entity making the report, except in the case of a report concerning information deemed to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
The notification referred to above shall be deemed to constitute grounds for acquiring actual knowledge or information for the purposes of Article 6 of the Digital Services Act in relation to the information to which it relates, provided that it enables a Service Provider acting with due diligence to determine – without a detailed legal analysis – the unlawful nature of the activity or information in question.
If the notification contains the electronic contact details of the person or entity that made the notification, the Service Provider shall, without undue delay, send that person or entity confirmation of receipt of the notification. The Service Provider shall also, without undue delay, notify that person or entity of its decision regarding the information to which the report relates, providing information on the possibility of appealing against the decision taken.
The Service Provider shall examine all reports it receives under the mechanism referred to above and shall take decisions regarding the information to which the reports relate in a timely, non-arbitrary and objective manner, whilst exercising due diligence. Where the Service Provider uses automated means for the purposes of such consideration or decision-making, it shall include information on this in the notification referred to in the previous paragraph.
14.4. Information regarding the restrictions imposed by the Service Provider in connection with the use of the Online Shop, in relation to information provided by Service Users:
The following rules apply to the Customer when submitting any content via the Online Shop:
the obligation to use the Online Shop, including the posting of content (e.g. in the form of reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and public decency, whilst respecting personal rights, copyright and intellectual property rights of the Service Provider and third parties;
the obligation to publish content that is factually accurate and not misleading;
a prohibition on the provision of unlawful content, including a prohibition on the provision of Illegal Content;
a ban on sending unsolicited commercial communications (spam) via the Online Shop;
a ban on posting content that breaches generally accepted rules of netiquette, including content that is vulgar or offensive;
the obligation to hold – where necessary – all required rights and authorisations to provide such content on the Online Shop’s web pages, in particular copyright or the required licences, authorisations and consents for their use, distribution, making available, or publication, in particular the right to publish and distribute on the Online Shop, and the right to use and distribute images or personal data in the case of content that includes images or personal data of third parties;
the obligation to use the Online Shop in a manner that does not pose a threat to the security of the Service Provider’s IT system, the Online Shop or third parties.
The Service Provider reserves the right to moderate content provided by Service Users on the Online Shop’s website. Moderation is carried out in good faith and with due care, either on the Service Provider’s own initiative or in response to a report received, with the aim of detecting, identify and remove Illegal Content or other content that contravenes these Terms and Conditions, or to prevent access to such content, or to take the necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
The moderation process may be carried out manually by a person or rely on automated or partially automated tools that assist the Service Provider in identifying Illegal Content or other content that contravenes the Terms and Conditions. Upon identifying such content, the Service Provider shall decide whether to remove it or block access to it, or otherwise restrict its visibility, or take any other action it deems necessary (e.g. contact the User to clarify the concerns and amend the content). The Service Provider shall, in a clear and easily understandable manner, inform the Service User who provided the content (if their contact details are available) of its decision, the reasons for it, and the available options for appealing against that decision.
In exercising its rights and fulfilling its obligations under the Digital Services Act, the service provider is required to act with due care, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved, including service users, with particular regard to the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
14.5. Any comments, complaints, claims, appeals or objections concerning decisions or other actions, or omissions, taken by the Service Provider on the basis of a report received, or a decision taken by the Service Provider in accordance with the provisions of these Terms and Conditions, may be submitted in a manner analogous to the complaints procedure set out in clause 7 of these Terms and Conditions. Use of this procedure is free of charge and allows complaints to be submitted electronically to the email address provided. The use of the procedure for submitting and handling complaints is without prejudice to the right of the person or entity concerned to bring proceedings before a court and does not infringe upon their other rights.
14.6. The Service Provider shall consider any comments, complaints, claims, appeals or objections concerning decisions or other actions or omissions taken by the Service Provider on the basis of a report received or a decision made, in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient grounds for the Service Provider to consider that its decision not to take action in response to the report is unjustified, or that the information to which the complaint relates is not unlawful and does not contravene the Terms and Conditions, or contains information indicating that the complainant’s conduct does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision regarding the possible removal of, or blocking access to, the content, or otherwise restricting its visibility, or take such other action as it deems necessary.
14.7. Service users, individuals or entities who have reported Illegal Content, and to whom the Service Provider’s decisions concerning Illegal Content or content that contravenes the Terms and Conditions are addressed, shall have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of a Member State to resolve disputes concerning those decisions, including in respect of complaints that have not been resolved through the Service Provider’s internal complaints-handling system.
15. FINAL PROVISIONS
15.1. Contracts concluded via the Online Shop are drawn up in Polish.
15.2. Amendments to the Terms and Conditions:
The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, namely: changes in legislation; changes to payment or delivery methods or deadlines; compliance with legal or regulatory obligations; changes to the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to counter an unforeseen and immediate threat relating to the protection of the Online Shop, including Electronic Services and Service Users/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
Notice of proposed changes shall be given at least 15 days prior to the date on which such changes come into effect; provided, however, that a change may be implemented without observing the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation requiring it to amend the Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) must, as an exception, amend its Terms and Conditions to counter an unforeseen and immediate threat relating to the protection of the Online Shop, including Electronic Services and Service Users/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats. In the latter two cases referred to in the previous sentence, the amendments shall take effect immediately, unless it is possible or necessary to apply a longer period for their implementation, in which case the Service Provider shall give notice in each instance.
In the case of ongoing contracts, the Customer is entitled to terminate the contract with the Service Provider before the end of the notice period for the proposed changes. Such termination takes effect 15 days from the date of receipt of the notice. In the case of a continuing contract, the amended Terms and Conditions shall be binding on the Customer if they have been duly notified of the changes in accordance with the notice period prior to their introduction and have not terminated the contract during that period. Furthermore, at any time after receiving notification of the amendments, the Service User may accept the proposed changes and thereby waive the remainder of the notice period. In the case of contracts other than ongoing contracts, amendments to the Terms and Conditions shall in no way infringe upon the Service User’s acquired rights prior to the date on which the amendments to the Terms and Conditions come into force; in particular, amendments to the Terms and Conditions shall not affect Orders already placed or submitted, nor Sales Contracts that have been concluded, are being performed or have been fulfilled.
Should any amendment to the Terms and Conditions result in the introduction of any new charges or an increase in existing charges, the consumer has the right to withdraw from the contract.
15.3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
16. MODEL FORM FOR WITHDRAWAL FROM A CONTRACT
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(please complete and return this form only if you wish to withdraw from the contract)
– To:
VIDEOSPACE LIMITED LIABILITY
COMPANY, 29A/39 Strzelecka Street, 61-846 Poznań
videospace.agency
studio@nullvideospace.agency
– I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale for the following goods(*) the contract for the supply of the following goods(*) the contract for specific work involving the manufacture of the following goods(*)/the provision of the following service(*)
– Date of conclusion of the contract(*)/date of acceptance(*)
– First name and surname of the consumer(s)
– The address of the consumer(s)
– Signature(s) of the consumer(s) (only if the form is submitted in paper form)
– Date
(*) Delete as appropriate.
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