Terms of Use for the Kryptonum Store

22 min. reading

❧ Extended version of the regulations

❧ Definitions

Contact form – an electronic service provided by the Service Provider for the Service User, a form available on the kryptonum.eu website that allows sending messages to the Service Provider.

Order Form – a form available on the kryptonum.eu website that allows for placing an Order.

Client – an individual who uses the functionalities of the Online Store intends to enter into or has entered into an Agreement with the Service Provider.

Consumer – an individual who engages in a legal transaction with a business that is not directly related to their commercial or professional activities.

Content – materials and/or information stored and made available by the Service Provider within the Online Store, including upon the request of the Service User;

Digital Content – Content created and delivered by the Service Provider in digital form, not recorded on a tangible medium, especially in the form of movies and e-books. Information about Digital Content and their description are presented in the Online Store.

Terms and Conditions – the present terms and conditions of the Online Store.
Entrepreneur with consumer rights - an individual entering into a contract with the Service Provider for the provision of services within the framework of the Online Store, directly related to their business activity, when the content of this contract indicates that it does not have a professional nature for them, particularly arising from the subject of their business activity, made available on the basis of the Central Registration and Information on Business regulations.

Online Store – the Service Provider's online store operating at the address kryptonum.eu

Service Provider – Kryptonum LLC, Żwirki i Wigury St. 15/9, 02-143 Warsaw, Tax ID: 9512465557, Business ID: 380694040.

Agreement – for the provision of Digital Content, entered into between the Service Provider and the Client, under the terms specified in the Regulations.

Service – a service provided electronically by the Service Provider to the Service User through the Online Store, under the terms set out in the Regulations.

Service recipient – an individual, a legal entity or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.

Order – the Client's declaration of intent constituting an offer to enter into a Contract with the Service Provider.

Newsletter – Usługa świadczona drogą elektroniczną, polegająca na otrzymywaniu od Usługodawcy cyklicznych informacji w szczególności o Treściach Cyfrowych, Usługach, nowościach i promocjach, aktualnościach dotyczących Usługodawcy, na podany przez Usługobiorcę adres e-mail, za wyraźną zgodą Usługobiorcy. Zasady świadczenia usługi Newsletter zostały określone w Regulaminie;

Contact Point – allows for direct contact of the Service User with the Service Provider and enables the Service Provider to contact the bodies of the European Union, michal@kryptonum.eu

Consumer Rights Act – the act of May 30, 2014, on consumer rights (consolidated text Journal of Laws of 2023, item 2759 as amended);

Act on Providing Services by Electronic Means – the act of 18 July 2002 on Providing Services by Electronic Means (consolidated text Journal of Laws of 2020, item 344).

❧ General provisions

The regulations define the terms of entering into the Agreement and the procedure for handling complaints and conditions for withdrawing from the Agreement, as well as the types and scope of services provided electronically by the Online Store operating at the address kryptonum.eu, the principles of providing these services, and the conditions for entering into and terminating service agreements.
The Online Store is administered by Kryptonum Ltd., Żwirki i Wigury St. 15/9, 02-143 Warsaw, Tax Identification Number (NIP): 9512465557, National Business Registry Number (REGON): 380694040.
Contact with the Service Provider can be made through:
a. writing to the Service Provider's registered address,
b. sending an e-mail to: michal@kryptonum.eu
c. calling the phone number: 793 272 020.
d. using the contact form available in the Online Store
The Terms of Service are continuously and freely available by the Service Provider in the Online Store, in a manner that allows the Service User to acquire, reproduce, and record its content by printing or saving on a medium at any time using the information system operated by the Service User.
Every Service User, from the moment of undertaking activities aimed at using the services of the online store kryptonum.eu, is obliged to comply with the provisions of the Regulations.

michal@kryptonum.eu

+48 793 272 020

❧ Terms of Use for the Online Store

The service provider, within the Online Store, allows service users to use the services provided by itself, the type and scope of which are specified in § 4 below.
Using the Online Store means any activity of the Service User that leads to becoming acquainted with the contents of the Online Store. The commencement of the use of services covered by the Terms and Conditions, available within the Online Store, is tantamount to concluding a contract for the provision of electronic services.
Using the Online Store may only take place on the terms and within the scope indicated in the Terms and Conditions.
The provisions of § 8 of the Regulations (Complaints) shall apply accordingly to complaints about services provided electronically, with the deadline for submitting a complaint being counted from the moment of the occurrence of the event justifying the complaint.
The service provider creates and implements security measures to prevent unauthorized use, duplication, or distribution of the content contained in the Online Store. In the event that the service provider applies the aforementioned security measures, the service recipients are obliged to refrain from any actions aimed at removing or circumventing such security measures or solutions.
Subject to the following sentence, the Service Recipient acknowledges that access to the Content in the Online Store is limited exclusively to reproduction or display of the Content, without the possibility of downloading, modifying, or interfering with its content, except for the Content explicitly made available by the Service Provider for download.
The service user undertakes not to engage in activities that could threaten the proper functioning of the Online Store. Within the Online Store, the use of viruses, bots, worms, or other computer codes, files, or programs (especially those automating script processes and applications or other codes, files, or tools) is prohibited. It is forbidden for service users to add content of an unlawful nature.
The service recipient is particularly obligated to:
1. not providing and not transmitting Prohibited Content,
2. using the Online Store in a way that does not disrupt its functioning, in particular by using specific software or devices,
3. not engaging in actions such as: overloading the inboxes of other Service Users or the Service Provider or placing unsolicited commercial information (spam) within the Online Store,
4. to use the Online Store in a way that is not burdensome for other Service Recipients and for the Service Provider,
5. Use of any Content posted within the Online Store is only for your own personal use. In particular, it is forbidden to publicly disseminate these contents in whole or in part, or their adaptations, to use them for commercial purposes, to translate, adapt, or make any other changes.
6. Use the Online Store in a manner consistent with the laws applicable in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general rules of using the Internet and good manners.

❧ Type and scope of services provided electronically

The service provider enables the use of services such as:
1. browsing and searching for information posted in the Online Store, including information about the activities and Services provided by the Service Provider,
2. concluding Agreements on the provision of Digital Content,
3. Contact Form,
4. the ability to rate Digital Content,
5. Provider's social media plugins,
6. Newsletter.
The provision of Services for the Online Store Customers is carried out under the terms set out in the Regulations.
The service provider has the right to post advertising content on the website of the Online Store. These contents are an integral part of the Online Store and the materials presented therein.
The provision of Services by the Service Provider is free of charge.
The agreement for the provision of the Service consisting of reviewing publicly available information in the Online Store is concluded for an indefinite period and is terminated when the Service Recipient closes the website.
The service recipient may contact the service provider via the Contact Form available in the Online Store. The agreement for the provision of the Contact Form service is concluded for an indefinite period and is terminated at the moment the service recipient sends a message.
Social media plugins – The Service User may be redirected to external websites, including the pages of external social media administered by the Service Provider.
The service recipient has the option to use the Newsletter. The Newsletter contains the service provider's commercial and marketing information. For this purpose – in the form provided in the Online Store, a valid email address must be provided.
The provision of an email address by the Service User is necessary to carry out the Newsletter service.
The Newsletter service is voluntary, free of charge, and provided exclusively after subscription.
The newsletter is sent periodically for an indefinite period until the service recipient ceases to use the service or the service provider ceases to provide the service.
The Newsletter service agreement is entered into for an indefinite period and is terminated upon the service recipient's request to remove their email address from the Newsletter subscription or by unsubscribing using the link provided in the content of the message sent as part of the Newsletter service.
The service provider may discontinue the Newsletter service at any time, after informing the subscribers.

❧ Conclusion of a contract for the supply of digital content

Through the Online Store, the Service Recipient may enter into a Digital Content Provision Agreement.
The information on the Online Store's website does not constitute an offer within the meaning of the applicable law. By placing an Order, the Customer submits to the Service Provider an offer to conclude a Contract on the terms specified in the description of the Digital Content in the Online Store.
The prices of Digital Content displayed in the Online Store include all price components, including VAT, excluding delivery costs.
The price of Digital Content displayed in the Online Store is binding at the moment the Order is placed by the Customer. Any changes to the prices of Digital Content in the Online Store, including promotions and discounts that occurred after the date of placing the Order, shall not affect the price established in the Order placed by the Customer.
Orders can be placed online by filling out the Order Form. The customer fills in the mandatory fields of the Order Form.
By filling out the Order form, the Client:
1. confirms the acknowledgment, acceptance, and adoption of the Terms and Conditions;
2. acknowledges having read the privacy policy,
3. may request the commencement of the delivery of Digital Content before the expiration of the withdrawal period from the Agreement.
Submission of the Order form occurs by activating the 'Buy Now' button or an equivalent.
Placing an Order constitutes the Customer's offer to the Service Provider to enter into an Agreement for the delivery of Digital Content being the subject of the Order.
The agreement for the provision of Digital Content is concluded at the moment the Customer places an Order (clicking the 'Order and pay' button or another one with similar meaning) unless otherwise indicated in the description of the Digital Content in the Online Store.
After placing the Order, the Service Provider immediately confirms its receipt and acceptance of the offer by sending an e-mail to the address provided by the Client in the Order Form.
The Order Confirmation includes:
1. confirmation of all the essential elements of the Order,
2. instructions on the right to withdraw from the Agreement or information about the consent given by the Customer for the delivery of Digital Content in circumstances that result in the loss of the right to withdraw from the Agreement.
The conclusion of the Agreement will be confirmed by a proof of purchase, which will be sent by email to the Customer's address provided in the Order Form.
The commencement of delivering Digital Content before the deadline for withdrawal from the Agreement is only possible if the Client, having been informed about the loss of the right to withdraw from the agreement, has submitted an explicit declaration of consent to start delivering Digital Content before the deadline for withdrawal from the Agreement and has acknowledged this, and the Service Provider has provided the Client with a confirmation of the conclusion of the Agreement in the form of an email message. Giving consent is voluntary, however, if the Client does not do so, the delivery of Digital Content will not begin earlier than 14 days after the conclusion of the Agreement.
The moment of commencement of performance for Digital Content is considered to be the moment the customer receives an email with instructions to download or access the Digital Content, unless otherwise specified in the Terms and Conditions or the Online Store.

❧ Payment methods

The method of payment for the price and costs of delivering Digital Content is determined by the Service Provider in the Online Store.
The service recipient may use the following payment methods:
1. Electronic payment,
2. Credit card.
In the event of a price reduction, the Service Provider shall provide, alongside the information about the reduced price, information about the lowest price of the given Digital Content that was in effect during the 30-day period prior to the implementation of the reduction, or if the given Digital Content has been on sale for less than 30 days – the lowest price of the given Digital Content that was in effect from the day of its availability to the day the reduction was introduced.
The client may make a payment for the Order using electronic payments handled by external providers and under the terms set out in the regulations of these providers. In this case, the execution of the Order will begin after the Service Provider sends the client a confirmation of acceptance of the Order and after the Service Provider receives information from the settlement agent's system about the payment made by the client.
The service provider supplies the customer with a proof of purchase.
A client interested in receiving a VAT invoice should provide the Service Provider with the necessary details for its issuance. A client interested in receiving a VAT invoice accepts that the VAT invoice will be sent electronically to the email address provided in the Order Form. A VAT invoice sent in the aforementioned manner is considered to be successfully delivered at the moment it is entered into the electronic communication medium in such a way that the recipient can become acquainted with its content.

❧ Complaints

General principles

The service provider is liable to the service recipient, who is a consumer, if the Digital Content is not in accordance with the Contract.
In accordance with Article 558 § 1 of the Civil Code, the Service Provider's liability under warranty towards a Service Recipient who is not a Consumer is excluded.
If the Digital Content is not in accordance with the Agreement, the Service Recipient who is a Consumer may file a complaint. The Service Recipient who is a Consumer may also file a complaint in connection with the operation of the Online Store.
Complaints can be submitted in writing to the address: Kryptonum Ltd., Żwirki i Wigury Street 15/9, 02-143 Warsaw or by email: michal@kryptonum.eu.
In the complaint, the Service Recipient should provide their first and last name, correspondence address, type and description of the problem that occurred, as well as the demand related to the complaint being filed.
In the event of deficiencies in the complaint, the Service Provider will call upon the Service Recipient to supplement it as necessary within 7 days from the date of receipt of the summons by the Service Recipient, with the instruction that failure to provide the necessary information will result in the complaint being left without consideration.
The service provider will respond to the submitted complaint within 14 days of its receipt. If there is no response within the aforementioned period, it is considered that the service provider has acknowledged the complaint.
In the event of a claim being accepted, the Service Provider shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly indicated a different method of refund.
A consumer as a service recipient has, among others, the following options for using out-of-court complaint and redress mechanisms:
1. is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Agreement;
2. is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Service Recipient and the Service Provider;
3. You may obtain free assistance in resolving a dispute between the Service User and the Service Provider, also by using the free services of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Association of Polish Consumers).
4. Submit your complaint via the EU online dispute resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.
Any disputes arising between the Service Provider and the Service Recipient (Client) who is not at the same time a Consumer or an entrepreneur with consumer rights, shall be submitted to the court appropriate due to the location of the Service Provider's registered office.

❧ Complaint under the contract for the supply of digital content

The complaint of the Service Recipient who is a Consumer regarding issues with the Digital Content Supply Agreement also constitutes a demand to bring the Digital Content into conformity with the Digital Content Supply Agreement.
Digital Content Discrepancy occurs when:
1. inconsistent with the Digital Content Agreement are their description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and the availability of technical support and updates,
2. they will not remain useful for the specific purpose for which they are needed by the Consumer, of which the Consumer has notified the entrepreneur at the latest at the moment of concluding the Contract for the supply of Digital Content, and which the entrepreneur has accepted,
3. they will not be suitable for purposes in which Digital Content of this kind is commonly used, taking into account applicable legal regulations, technical standards, or good practices,
4. they will not occur in such quantity and have such characteristics, including functionality, compatibility, availability, continuity, and security, as are typical for Digital Content of this kind and which the Consumer may reasonably expect, taking into account the nature of the Digital Content and the public assurances made by the trader, his legal predecessors, or persons acting on his behalf, particularly in advertising or on the label, unless the trader proves that:
  1. was not aware of the given public assurance and, judging reasonably, could not have known about it,
  2. Before concluding the Agreement on the provision of Digital Content, the public assurance was corrected in compliance with the conditions and form in which the public assurance was made, or in a comparable manner,
  3. the public assurance had no influence on the Consumer's decision to enter into the Digital Content Supply Agreement;
5. they will not be supplied with accessories and instructions that the Consumer might reasonably expect,
6. they will not be consistent with the trial or preview version that was provided to the Consumer by the entrepreneur before the conclusion of the Digital Content Supply Agreement.
The service provider shall bring the advertised Digital Content into conformity with the Digital Content Provision Agreement within a reasonable time after being informed of the circumstances, without undue inconvenience to the Consumer, taking into account the nature and purpose for which the Digital Content is used.
If the Digital Content is not in accordance with the Agreement, the Service Recipient may submit a declaration of price reduction or withdrawal from the Digital Content Delivery Agreement when:
1. bringing into conformity with the Digital Content Agreement is impossible or would require excessive costs;
2. bringing into conformity with the Digital Content Supply Agreement proved to be ineffective;
3. The non-conformity of the Digital Content with the Digital Content Supply Agreement is significant enough to justify an immediate price reduction or withdrawal from this Agreement;
4. From the statement of the Service Provider or the circumstances it is clear that they will not bring the Digital Content into conformity with the Digital Content Delivery Agreement within a reasonable time or without excessive inconvenience to the Consumer.
The service provider is not liable if the customer's digital environment is not compatible with the technical requirements.

❧ Right to withdraw from the contract

Subject to paragraph 7 below, the Client has the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Digital Content Delivery Agreement from the date of its conclusion. To meet this deadline, it is sufficient to send a statement before its expiration, subject to the provisions of paragraph 6 below.
The statement of withdrawal from the Agreement can be sent to the address: Kryptonum sp. z o.o., ul. Żwirki i Wigury 15/9, 02-143 Warsaw or electronically to the address: michal@kryptonum.eu.
The client may draft the declaration independently or use the template for the declaration of withdrawal from the contract provided by the Service Provider in the Online Store as Annex No. 1 to the Terms and Conditions.
The service provider shall return to the Client all payments received from the Client promptly, but no later than 14 days from the day on which the service provider was informed about the withdrawal from the Contract.
The Service Provider shall issue a refund using the same payment methods that were used by the Client to pay for the Order, unless the Client has agreed to a different solution.
The right to withdraw from a distance contract does not apply to the Client in relation to the Contract for the supply of Digital Content not supplied on a tangible medium, for which the Consumer is obliged to pay a price, if the Service Provider has commenced performance with the Consumer's express and prior consent, who was informed before the commencement of the performance that upon the completion of the performance by the Service Provider, they will lose the right to withdraw from the contract, and has acknowledged this, and the Service Provider has provided the Consumer with confirmation of the conclusion of the contract.
An entrepreneur with consumer rights is protected by the relevant legal provisions, provided that the contract they enter into with the Service Provider is not of a professional nature.
The entrepreneur referred to in paragraph 7 above loses consumer protection rights if the contract they have entered into with the Service Provider is of a professional nature, which particularly stems from the subject of the business activity conducted by the entrepreneur, as disclosed under the regulations concerning the Central Registration and Information on Business.

❧ Intellectual property

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

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

❧ Final Provisions

Contracts concluded through the Online Store are made in accordance with Polish law.
In the event of any part of the Terms and Conditions being inconsistent with the applicable law, the relevant provisions of Polish law shall apply in place of the questioned regulation.
The service provider reserves the right to amend the Terms and Conditions for valid reasons, including:
1. changes to legal regulations governing the provision of Digital Content or the provision of services electronically by the Service Provider affecting the mutual rights and obligations of the parties to the contract concluded between the Service Recipient and the Service Provider;
2. the necessity for the Service Provider to adjust its operations to the commands, rulings, provisions, or guidelines resulting from the decisions of public administration bodies affecting the mutual rights and obligations defined in the contract concluded between the Service Recipient and the Service Provider, or a court ruling applicable in the scope of the Service Provider's operations affecting the mutual rights and obligations defined in the contract concluded between the Service Recipient and the Service Provider;
3. change in the method of providing services electronically by the Service Provider due solely to technical or technological reasons;
4. changes in the scope or terms of service provision by the Service Provider for services to which the Terms and Conditions apply, by introducing new, modifying or withdrawing existing functionalities or services covered by the Terms and Conditions and offered to the Service User;
5. with respect to the conditions and notice period referred to below.
The service provider, when making changes to the Terms and Conditions, is obliged to inform about it through the Online Store, provided that the changes will come into effect no sooner than 14 (fourteen) days after the announcement of these changes. The period mentioned in the previous sentence may be shortened if the change results from the amendment of applicable legal regulations, and the time between the publication of the legal act, which necessitates the change, and its entry into force is less than 14 days, or in the case when the change results from a final judgment or decision that requires its implementation within a period shorter than 14 days.
Any amendment to the Terms and Conditions in no way can affect the rights acquired by the Service User in connection with the use of the Online Store prior to the date of the amendment taking effect.
The regulations are effective from the date: 12/01/2024.

❧ Terms and Conditions of the online store Kryptonum

❧ Regulations in a nutshell 💊