Terms Of Service Of Internet Store.docx

Terms of Service of Internet Store pianofonika.com

§1 Definitions 1. E-MAIL address - notation of teleinformatic system making possible exchange of messages by electronic communication media, in particular electronic mail. 2. CUSTOMER – private individual with full capacity to undertake legal actions, who intends to conclude or has concluded contract on providing Electronic Service. 3. PASSWORD – sequence of alphanumeric characters necessary to perform authorization while accessing the Account, set independently by the Customer during Registration process. 4. CIVIL CODE – Civil Code law of April 23, 1964 (Journal of Laws, No. 16, art. 93 with later amendments). 5. ACCOUNT – subsite of the Service, gathering information on, among others, Customer’s orders. 6. DIGITAL PRODUCT – file containing information saved digitally, which is the subject of the Service activity. 7. TERMS OF SERVICE – these terms of service of the Internet Service. 8. REGISTRATION – single activity, consisting in opening of an account by the Customer, performed with the use of registration form made available by the Service Provider on the Service website. 9. INTERNET SERVICE (SERVICE) – Internet service of the Service Provider available at www.pianofonika.com used to provide electronically delivered services. 10. PARTY - Service Provider, Seller of Customer. 11. ELECTRONICALLY DELIVERED SERVICE: service provided via the Internet or electronic network, which performance is automated and requires the minimum amount of human input, and this performance is impossible without information technology. 12. TELEINFORMATIC SYSTEM – system of cooperating IT equipment and software, making possible processing and storage, as well as sending and receiving of data via telecommunication networks, using terminal device that is proper for a given type of telecommunication network as interpreted by the Telecommunication Law of July 16, 2004. 13. ELECTRONICALLY DELIVERED SERVICE: service provided via the Internet or electronic network, which providing – due to its character – is primarily automated and requires the minimum amount of human input, and its performance is impossible without information technology.

14. SERVICE USER- private individual, legal entity or non-incorporated organizational unit, which takes advantage of electronically delivered service. 15. SERVICE PROVIDER - private individual, who runs business providing electronically delivered services - Layout Studio Michał Warcaba. 16. ACT ON RENDERING ELECTRONIC SERVICES – act of July 18, 2002 (Journal of Laws of 2013, art. 1422). 17. ORDER – statement of the Customer’s will focused directly on concluding the Sales Contract regarding digital product, specifying the essential terms of the Customer’s statement aimed directly at download of specific digital products for a fee. § 2 General provisions 1. Internet service, providing electronic services on the website at www.pianofonika.com hereinafter called the Service is run by Layout Studio Michał Warcaba with his registered place of business in Tychy, Żółkiewskiego 30/6, NIP:6462681747, REGON:340628710, contact phone no. 0048 530 52 89 51, email: [email protected] called the "Service Provider." 2. These Terms of Service constitute an integral part of the contract regarding providing of electronic service, concluded between the Service Provider and the Service User. 4. The Service Provider provides electronically delivered services based on the current version of these Terms of Service, which are in force in the time of order placement. 5. All digital products made available through the Service, which are subject to protection specified in the Copyright and Related Rights Act of February 4, 1994 (Journal of Laws, No. 90 art. 631). 6. Technical requirements necessary to cooperation with teleinformatic system, used by the Service Provider: a) connection with the Internet and active e-mail account (e-mail), b) installed operating system Windows or Mac OS, c) Internet browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari. § 3 Types of electronically delivered services 1. Types of electronically delivered services provided by the Service Provider: 1) making available selected fragments of specific digital products free of charge, through the Service; 2) sale of specific digital products, through the Service.

§4 Registration

1. Taking advantage of electronically delivered service by the Customer - sale of specific digital products requires registration on the Service, in accordance with the provisions of the Terms of Service. 2. In order to register on the Service pianofonika.com (opening the Customer’s Account) one shall fill the registration form, providing the following information:login, password, e-mail, country of residence, acceptance of the Terms of Service of pianofonika.com and agreement to processing of personal data in the scope necessary to establish, form, regarding contents, changes, termination and proper performance of electronically delivered services and execution of Customer’s orders. 3. Registration will be confirmed by automatic sending of reference link by the Service to the e-mail address given by the Customer. After registration, the Customer will be able to log in and take advantage of the e-service on offer. 4. In order to remove the Customer’s account from the Service pianofonika.com, one shall send an e-mail with a request to remove the account to [email protected]. 5. Registration on the Service pianofonika.com is free of charge. 6. The Service User, by filling and sending the form, declares that the information given by him is complete, truthful and does not violate any rights of third parties. § 5 Principles of use of the Service pianofonika.com and execution of orders 1. Logging to the service www.pianofonika.com takes place by entering login and password given during registration of the Customer’s account on the login form. 2. The Customer can place orders on digital products available in the offer of pianofonika.com within 7 days and 24 hours a day. 3. In order to place an order, one shall: a) log in to the Internet Service www.pianofonika.com; b) select digital product that is the subject of the order, followed by clicking the “shopping basket” c) select form of payment suggested by the Service Provider e) click the button “Place an Order” 4. After approval of the final selection and amount to be paid, the Customer receives an automatically generated order number.

5. After placing an order, order confirmation will be sent to the e-mail address shown in the Customer’s account, acknowledging receiving of an order placed by the Customer by the Service. 6. The Customer can cancel the order until the moment of making available to him links to websites for downloading the digital product, which is the subject of service provided. 7. After entering of payment by the system, the Service User receives an e-mail containing confirmation of payment along with a link for downloading digital products purchased by him in the form of files. 10. In order to start file download, the Customer should open in his browser the link sent to him in e-mail. 11. Links for download are active within 7 days from entering of payment by the system.

§ 6 Newsletter 1. The Service User can agree to receive commercial information by e-mail, by selecting proper option on the registration form, or in the field placed in the lower left corner of the main site of the Service. 2. The Service User can anytime unsubscribe from the Newsletter by sending message “Newsletter – Unsubscribe” to [email protected]. 3. In the same time, while accepting receiving of the Newsletter, the Service User agrees to placement of his personal information in the database of the Service of Service Users, receiving the Newsletter and its processing for the purpose of contract performance.

§ 7 Prices 1. All prices of digital products shown on the website of pianofonika.com are given in the following three currencies:  American dollars  Euro  Polish zlotys 2. All prices of digital products shown on the website of pianofonika.com are gross prices and the billing currency is Polish zloty. 3. The binding price is the price shown next to the digital product when placing the order by the Customer. 4. The Service pianofonika.com reserves the right to change prices of digital products that are included in its offer, introduce new products to the offer, conduct and cancel promotional campaigns on the website pianofonika.com or implement changes to them in accordance with the regulations that are currently in force. The mentioned provision

has no effect on the prices of goods in the orders placed before the changed price, terms of promotional campaign and sale become effective. § 8 Payments 1. The Service pianofonika.com offers the following forms of payment to its Customers:     

credit card – during selection of this option, it is necessary to enter additional information in the registered Customer profile(Name, Surname, address), instant transfer (list of available service providers), transfer to the bank account indicated during performance of the order, postal order, SMS text message (when the Service User places an order in the territory of Poland and uses services of a Polish mobile phone operator)

§ 9 Terms of use of digital products 1. The Customer can use the digital products purchased by him exclusively for his own use, in accordance with the general legal regulations. 2. The Customer is in particular not authorized to: a) distribute digital products or their compilations in full or in parts; b) interfere with their content; c) remove markings of the owner or technical protections; d) record or copy digital products in order to distribute them; e) commercial use of digital products in any way. 3. Sale of digital product does not mean transfer of rights or granting license to pieces of music, artistic performances or other contributions contained in a given digital product (file). 4. The Customer who wants to take advantage of available digital products in a commercial way can purchase “application package” for a given instrument (the package contains a collection of applications in thematic sequence for a given instrument and license for commercial use of digital products contained in it).

§ 10 Withdrawal from the Contract 1. Subject to provisions of art. 2, the Service User can within 10 days from signing the sales contract on digital product withdraw from this contract by sending a statement in writing to the Service Provider’s e-mail address. 2. When the digital product was downloaded by the Service User, then he loses his right to withdraw from the contract.

3. In the case of withdrawing from the contract, the contract on providing electronic service is deemed as not concluded, and the Customer is released from any obligations.

§ 11 Claims 1. The Customer has the right to make a claim, in particular when: a) the purchased digital product appears defected or fails to open; b) the purchased digital product is incomplete or noncompliant with its description; c) within 48 hours from receiving an e-mail confirming making of payment, he will not be able to download the product. 3. Claims sent by e-mail will be reviewed within 14 calendar days from the day of their reception.

§ 12 Privacy policy 1. By placing an order in the Store, the Customer agrees to place his personal data in the Service database and to process them for the purposes to perform the contract. Giving personal data by the Customer and his agreement to process them are necessary to perform the order by the Service. 2. Personal data is protected in accordance with the Personal August 29, 1997 (Journal of Laws No. 133, art. 883) in impossible access of third parties, taking into consideration Electronic Services of July 18, 2002 (Journal of Laws of 2013,

Data Protection Act of the way that makes the Act on Rendering 1422).

6. During Service User’s visit on the website of the Service pianofonika.com, all data regarding this visit are automatically collected, e.g. Service User’s IP address, name of domain, type of browser, type of operating system, etc. 7. Service Pianofonika.com does not gather and save information regarding credit cards and bank account numbers, which are used by the Service User during purchase.

§ 13 Final provisions 1. Information about digital products featured on the website www.pianofonika.com does not constitute an offer as interpreted by the Civil Code. 2. Service pianofonika.com. spares no efforts to make sure that its electronic services meet the highest standards; however, the Service does not exclude temporary suspension of its operation due to performance of maintenance, inspection, replacement of equipment or necessary modernization or expansion of Service pianofonika.com.

3. All cases not regulated by these Terms of Service will be interpreted in accordance with the laws that are in force in the Republic of Poland, including the Civil Code, the Act on Rendering Electronic Services of July 18, 2002 (Journal of Laws No. 144, art. 1204 with later amendments); the Act on Protection of Certain Consumer Rights and Liability for Damages Caused by a Hazardous Product of March 2, 2000 (Journal of Laws No. 22, art. 271 with later amendments); the Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code of July 27, 2002 (Journal of Laws No. 141, art. 1176 with later amendments) and other relevant regulations of the Polish law.

4. For statistical purposes and in order to assure the highest quality of service, pianofonika.com uses information saved by the server on the terminal device of the End User, which are later read after every connection of Internet browser (so-called cookies). The Service User can change settings of his browser anytime, making sure it does not accept such files or informs about their sending. However, one shall remember that non-acceptance of cookies can lead to difficulties in using services of pianofonika.com. Using a browser by the Service User, which settings allow to save cookies on the Service User’s device, means acceptance of saving such files on this End User’s device.