Terms of Service

1. Order Form – a form available on the website https://masterphp.eu/koszyk enabling order placement.

2. Customer – a person who uses the Online Store functionality, intends to conclude or has concluded a Sales Agreement with the Service Provider.

3. Consumer – a natural person who performs a legal transaction with an entrepreneur not directly related to their business or professional activity.

4. Product – a physical product, goods with digital elements, digital content or digital service available in the Online Store, being the subject of the Sales Agreement between the Customer and the Service Provider.

5. Terms – these terms of service of the Online Store.

6. Entrepreneur with Consumer Rights – a natural person concluding an agreement with the Company for services within the Portal directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for them, resulting in particular from the subject of their business activity, made available based on the provisions of the Central Register and Information on Economic Activity.

7. Online Store – the Service Provider's online store operating at https://masterphp.eu/.

8. Service Provider – DjWeb Damian Jóźwiak, Bolesława Limanowskiego 107, 91-334 Łódź, Poland, NIP 7262640201, REGON: 368000615,

9. Sales Agreement – Product sales agreement concluded between the Customer and the Service Provider through the Online Store.

10. Electronic Service – a service provided electronically by the Service Provider to the Service Recipient through the Online Store.

11. Service Recipient – a natural person, legal entity or organizational unit without legal personality, to which the law grants legal capacity, using the Electronic Service.

12. Order – the Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Service Provider.

13. Contact Point – allows direct contact between the Service Recipient and the Service Provider and enables the Service Provider's contact with European Union authorities, kontakt@masterphp.eu

§ 2. General Provisions

1. These Terms define the conditions for concluding Product Sales Agreements and the complaint procedure and conditions for withdrawal from Sales Agreements, as well as the types and scope of services provided electronically by the Online Store operating at masterphp.eu, the rules for providing these services, conditions for concluding and terminating agreements for providing services electronically.

2. Every Service Recipient, from the moment of taking actions aimed at using the services of the Online Store masterphp.eu, is obliged to comply with the provisions of these Terms.

3. In matters not regulated in these Terms, the provisions of generally applicable law apply, in particular:

   1. the Act on providing services by electronic means of July 18, 2002,

   2. the Consumer Rights Act of May 30, 2014,

   3. the Act on out-of-court resolution of consumer disputes of September 23, 2016,

   4. the Act on counteracting unfair market practices of August 23, 2007,

   5. the Civil Code Act of April 23, 1964 and other relevant provisions of Polish law

4. The Service Provider has designated an electronic Contact Point related to the Online Store intended for direct communication with member state authorities, the Commission, the Digital Services Board: kontakt@masterphp.eu. The same Contact Point can be used by the Service Recipient for direct and quick communication with the Service Provider. Communication can be conducted in Polish or English.

1. The Online Store eu conducts sales of Products via the Internet.

2. Products are free from physical and legal defects. Information regarding functionality or significant compatibility and interoperability of Products being goods with digital elements, digital content or digital services is contained in the offer of a given Product in the Online Store.

3. Information on the Online Store website does not constitute an offer within the meaning of applicable law. The Customer, by placing an Order, submits to the Service Provider an offer to purchase a specific Product on the terms specified in the Product description in the Online Store.

4. Product prices visible in the Online Store include all price components, including VAT, excluding delivery costs.

5. The Product price displayed on the Online Store website is binding at the time the Order is placed by the Customer. Any changes in Product prices in the Online Store, including promotions and discounts that occurred after the Order date, remain without effect on the price established in the Order placed by the Customer.

6. Orders can be placed online by filling out the Order Form.

7. The condition for placing an Order in the Online Store by the Customer is to create a Customer account in the Online Store, read the Terms and accept its provisions when placing the Order.

8. If the Service Provider is forced, before starting the implementation of the Sales Agreement, for reasons beyond their control, to change the essential terms of the Sales Agreement with the Customer, they will immediately notify the Customer.

9. In the situation referred to in paragraph 8 above, the Customer has the right to:

   1. accept the change to the Sales Agreement proposed by the Service Provider or

   2. withdraw from the Sales Agreement with immediate return of all benefits provided by the Customer and without obligation to pay any contractual penalty.

   The Customer is obliged to immediately inform the Service Provider of their decision. Order fulfillment will be suspended until information is received from the Customer.

10. In case of withdrawal from the Sales Agreement based on paragraph 9 above or when the Service Provider cancels the execution of the Sales Agreement for reasons beyond the Customer's control, the Customer is entitled to immediate return of the entire amount paid to the Service Provider.

§ 4. Conclusion of Agreement

1. The sales agreement is concluded at the moment the Customer places an Order through easycart (clicking the "Order and pay" button or another with similar meaning) unless otherwise indicated in the Product description in the Online Store. If at the Customer's express request the performance of the service is to begin before the expiry of the withdrawal period from the Sales Agreement, the Service Provider requires the Customer to submit a statement:

   1. containing such express request

   2. that they acknowledge the information about losing the right to withdraw from the Sales Agreement upon its full performance by the Service Provider

2. After placing the Order, the Service Provider immediately confirms its receipt and acceptance of the offer by sending an e-mail to the address indicated by the Customer in the Order Form.

3. Order receipt confirmation contains:

   1. confirmation of all essential elements of the Order,

   2. the content of these Terms in pdf format,

   3. instructions on the right to withdraw from the agreement or information about the Customer's consent to deliver digital content in circumstances causing loss of the right to withdraw from the Sales Agreement.

4. Each Sales Agreement will be confirmed with an appropriate proof of purchase, which will be attached to the Product and/or sent by e-mail to the Customer's e-mail address provided in the Order Form.

5. The Service Provider delivers the Product to the Customer immediately after concluding the Sales Agreement and booking or confirming payment of the Product price by the Customer.

§ 5. Payment Methods

1. The Service Provider has entrusted the handling of the Product ordering process, including payment processing for Products and fulfillment of obligations referred to in §3 and §4 above, to Stripe, Inc. (hereinafter: Stripe). Stripe acts in this capacity on behalf of and for the Service Provider.

2. The Service Provider enables payment for Orders through payment methods supported by Stripe, including: PayPal, BLIK and fast bank transfer.

3. After completing the Order in the Online Store, to process it, including payment, after clicking the appropriate button, the Customer will be redirected to the appropriate Stripe subpage or selected payment operator.

4. To use all payment functions supported by Stripe, the User is required to act in accordance with the rules set out in Stripe's terms and conditions and selected payment methods.

5. In case of payment through an electronic payment system, the Customer makes payment before the Order fulfillment begins. The payment system enables payment including via PayPal, BLIK or fast bank transfer.

6. The service will be performed only after payment. After placing and paying for the Order, a personalized invoice will be automatically issued and made available to the Customer through the ifirma service.

§ 6. Product Complaints

1. The basis and scope of the Service Provider's liability to the Customer is defined in Article 43a and following of the Consumer Rights Act.

2. Product complaints should be directed by the Customer to the Service Provider via e-mail at: kontakt@masterphp.eu or in writing to the Service Provider's address indicated in § 1 paragraph 9 of the Terms.

3. The complaint should provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details.

4. The Service Provider will respond to the Customer's request immediately, no later than within 14 days from the moment of complaint submission.

5. In case of a complaint from a Customer who is a Consumer or entity referred to in § 7 paragraph 9 of the Terms – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance.

6. The response to the complaint is provided according to the communication channel indicated by the Customer in the complaint submission.

1. Subject to paragraph 7 below, the Customer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of concluding the Sales Agreement in accordance with Article 27 and following of the Consumer Rights Act.

2. To exercise the right to withdraw from the Sales Agreement, the Customer must inform the Service Provider of their decision.

3. To withdraw from the Sales Agreement, the Customer may use the withdrawal form template, which is attached to the Terms.

4. To meet the deadline for withdrawal from the agreement, it is sufficient for the Customer to send to kontakt@masterphp.eu or the Service Provider's address indicated in § 1 paragraph 9 of the Terms information regarding withdrawal from the Sales Agreement before the withdrawal deadline expires.

5. The Service Provider will return to the Customer all payments received from the Customer immediately, but no later than 14 days from the day the Service Provider was informed about withdrawal from the Sales Agreement, unless the Customer exercises the right to withdraw from the Sales Agreement after requesting as referred to in §4.1. above – then the Customer is obliged to pay for services provided until withdrawal from the Sales Agreement.

6. The Service Provider will make the payment refund using the same payment methods that were used by the Customer to pay for the Order, unless the Customer agreed to a different solution.

7. The right to withdraw from a distance contract does not apply to the Customer in relation to contracts:

   1. for the provision of services for which the Customer is obliged to pay a price, if the Service Provider has fully performed the service with the express consent of the Buyer, who was informed before the start of the service that after the service is performed by the Service Provider they will lose the right to withdraw from the agreement and acknowledged this;

   2. in which the price or remuneration depends on fluctuations in the financial market over which the Service Provider has no control and which may occur before the withdrawal period expires;

   3. in which the subject of the service is a non-prefabricated item, manufactured according to the Customer's specifications or serving to satisfy their individualized needs;

   4. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;

   5. in which the subject of the service is an item delivered in sealed packaging, which cannot be returned after opening the packaging for health protection or hygiene reasons, if the packaging was opened after delivery;

   6. in which the subject of the service are items that after delivery, due to their nature, become inseparably connected with other items;

   7. in which the subject of the service are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;

   8. for the delivery of newspapers, periodicals or magazines, except for subscription agreements;

   9. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the day or period of service provision;

   10. delivery of digital content not supplied on a tangible medium, for which the Customer is obliged to pay a price, if the performance of the service began with the express and prior consent of the Customer, who was informed before the start of the service that after the service is performed by the Service Provider they will lose the right to withdraw from the agreement, and acknowledged this, and the Service Provider provided the Customer with confirmation referred to in §4.3. above

8. The right to withdraw from the Sales Agreement belongs to both the Service Provider and the Customer.

9. An Entrepreneur with Consumer Rights is covered by the protection provided by relevant legal provisions, provided that the Sales Agreement or agreements for the provision of Electronic Services that they conclude with the Service Provider do not have a professional character.

10. A person conducting business activity referred to in paragraph 9 above is covered by protection only in the scope of:

    1. prohibited contractual provisions — so-called abusive clauses,

    2. liability under warranty for physical and legal defects of the Product, in accordance with §6 of the Terms,

    3. the right to withdraw from a distance contract, in accordance with §7 of the Terms.

11. in case of delivering digital content not recorded on a tangible medium, for which the Customer is obliged to pay a price, if the performance of the service began with the express and prior consent of the Customer, who was informed before the start of the service that after the service is performed by the Service Provider they will lose the right to withdraw from the agreement, and acknowledged this, and the Service Provider provided the Customer with confirmation of fulfilling the information obligation in accordance with Article 16 letter m of Directive 2011/83/EU.

1. The Service Provider enables through the Online Store the use of Electronic Services such as:

   1. concluding Product Sales Agreements,

   2. creating a customer account/profile.

   3. ability to add comments

   4. newsletter

2. The provision of Electronic Services to Service Recipients of the Online Store takes place under the conditions specified in the Terms.

3. The Service Provider has the right to place advertising content on the Online Store website. This content constitutes an integral part of the Online Store and the materials presented therein.

1. The provision of Electronic Services by the Service Provider is free of charge.

2. The period for which the agreement is concluded:

   1. the agreement for the provision of an Electronic Service consisting of enabling Order placement in the Online Store is concluded for a definite period and terminates upon placing the Order or ceasing to place it by the Service Recipient,

   2. the agreement for the provision of an Electronic Service consisting of creating a customer account/profile is concluded for a definite period and terminates upon deletion of the customer account/profile

   3. the agreement for the provision of an Electronic Service consisting of enabling adding comments is concluded for a definite period and terminates upon adding comments by the Service Recipient

   4. the agreement for the provision of an Electronic Service consisting of sending a newsletter is concluded for a definite period and terminates upon unsubscribing from the newsletter service by the Service Recipient

3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:

   1. computer (or mobile device) with Internet access,

   2. access to e-mail,

   3. web browser,

   4. enabling Cookies and Javascript in the web browser.

4. The Customer is obliged to:

   1. use the Online Store in a manner consistent with the law and good customs, taking into account respect for personal rights and intellectual property rights of third parties;

   2. enter data consistent with the actual state;

   3. refrain from posting in the Online Store, particularly in the Contact Form or Order Form, content of an unlawful nature;

5. The Service Provider reserves the right to monitor content posted in the Online Store by Service Recipients and to take actions and decisions to remove such content.

6. Service Recipients have the right to report to the Service Provider any noticed illegal or Terms-violating content using the Contact Form (hereinafter: "Report").

   1. The Service Provider will consider each Report sent by Service Recipients within thirty (30) days of its receipt, with due diligence, in an objective and non-arbitrary manner.

   2. When making a decision regarding the Report, the Service Provider notifies the Service Recipient submitting the Report without undue delay. In case of making a decision specified in point 9 and following, and having electronic contact data, the Service Provider also informs about their decision with justification, the Service Recipient responsible for specific content.

7. In case of removing Service Recipient's content as a result of an algorithmic decision by the Service Provider, this fact should be communicated to the Service Recipient. Service Recipients also have the right to appeal decisions made by algorithms used by the Service Provider.

8. Service Provider's decisions regarding Service Recipients may include:

   1. limiting the visibility of specific content, including its removal, preventing access to content or depositing content or,

   2. suspension or termination of Electronic Service provision in whole or in part or,

   3. suspension or blocking of the Service Recipient's account or,

   4. considering the Report as unfounded.

9. Service Recipients have the right to appeal any decision of the Service Provider within fourteen (14) days of receiving the Service Provider's decision.

10. The Service Provider has fourteen (14) days to consider the appeal

1. Complaints related to the provision of Electronic Services through the Online Store can be submitted by the Customer via e-mail to: kontakt@masterphp.eu or the Service Provider's address indicated in § 1 paragraph 9 of the Terms.

2. The complaint should provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details.

3. The Service Provider will respond to the Customer's request immediately, no later than within 14 days from the moment of complaint submission,

4. In case of a complaint from a Customer who is a Consumer or entity referred to in § 7 paragraph 9 of the Terms – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance.

5. The response to the complaint is provided according to the communication channel indicated by the Customer in the complaint submission.

1. All content posted in the Online Store is protected by copyright and is the property of the Service Provider.

2. Any use by anyone, without the express written consent of the Service Provider, of any elements constituting the content and contents of the Online Store constitutes a violation of the copyright belonging to the Service Provider and results in civil and criminal liability.

1. Agreements concluded through the Online Store are concluded in accordance with Polish law.

2. In case of non-compliance of any part of the Terms with applicable law, the relevant provisions of Polish law apply in place of the questioned provision of the Terms.

3. All disputes arising from Sales Agreements between the Service Provider and Consumers will be resolved primarily through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court resolution of consumer disputes. If, however, this would not be possible, or would be unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with paragraph 4 of this section.

4. Judicial resolution of disputes:

   1. any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or entrepreneur referred to in § 7 paragraph 9 of the Terms, are submitted to courts competent in accordance with the provisions of the Code of Civil Procedure;

   2. any disputes arising between the Service Provider and the Service Recipient (Customer) who is neither a Consumer nor an entrepreneur referred to in § 7 paragraph 9 of the Terms, are submitted to the court competent for the Service Provider's registered office.

5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure is completed, a request to initiate mediation or a request for the case to be considered by an arbitration court (the request can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Provincial Trade Inspection Inspectorates is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use free assistance from a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claim pursuit after the complaint procedure is completed is free of charge.

6. The Consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/, for amicable dispute resolution.

7. The Service Provider undertakes to inform the Service Recipient of any significant changes to the Terms each time.