The IMAGO KRZYSZTOF MATUK company, registered in the City Hall in Białystok under REGON number 052128952, address of the main place of business: ul. Przędzalniana 6L premises 14, 15 -668 Białystok, company telephone number: +48690090311 e-mail: [email protected]
INFORMATION FOR THE CONSUMER TO AN AGREEMENT CONCLUDED OUTSIDE THE COMPANY’S LOCAL OR AT A DISTANCE
Subject of the service: Program / Application / Software called “EyeFace”
Features of the service (model, size, functions, parameters): EyeFace v1.0.0
Way of communicating with the consumer: traditional mail, emails from the address [email protected]
by phone with the telephone number +48690090311 The amount of remuneration including VAT: PLN 99.00
Fees for transport, delivery, postal services and other costs: none,
Costs of using a means of distance communication to conclude a contract: no,
Method and date of payment: DotPay online payment system orPayPal, Skrill or2checkout in accordance with the date of the online payment system
Method and date of performance: demo version available for download from eyeface.pl handing over the license key after purchase electronically within 5 business days,
You have the right to withdraw from the contract within 14 days, pursuant to art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). An example withdrawal form has been attached to this information along with information regarding exercising the right of withdrawal. In the event of withdrawal from the contract, the cost of returning the goods shall be borne by the consumer
Please be advised that according to Article 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), the consumer is not entitled to withdraw from a contract concluded off-premises or at a distance regarding contracts:
1) for the delivery of services, if the entrepreneur has fully performed the service with express consent from the consumer, who was informed beforehand that after the delivery of the service by the entrepreneur, the consumer will lose the right to withdraw from the contract;
2) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
3) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual 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 that cannot be returned after opening due to 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, are inseparably connected with other items;
7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
8) in which the consumer explicitly demanded that the entrepreneur came to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in the part regarding additional services or items;
9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;
11) concluded through a public auction;
12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, gastronomy, leisure services, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
13) for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.
Please be advised that we are responsible for defects in items, in accordance with the provisions of the Civil Code of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended) – in particular art. 556 and 5561-5563c.c .:
Art. 556 The seller is liable to the buyer if the item sold has a physical or legal defect (warranty).
Art. 5561. §1 A physical defect is the non-conformity of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:
1) does not have properties that this kind of item should have according to the purpose in the contract marked or resulting from circumstances or purpose;
2) does not have properties that the seller has presented to the buyer, including the presentation of a sample or design;
3) it is not suitable for the purpose about which the buyer informed the seller at the conclusion of the contract, and the seller did not raise any objection as to its intended use;
4) was delivered to the buyer incomplete.
§ 2. If the buyer is a consumer, the assurances of the seller are treated as public assurances of the producer or his representative, the person who places the item on the market in the scope of his business activity, and the person who, by placing his name, trademark or another distinctive sign is presented as a producer.
§ 3. The sold item has a physical defect also in the event of incorrect installation and commissioning, if these activities were carried out by the seller or a third party for which the seller is responsible, or by the buyer who followed the instructions received from the seller.
Article 5562. If the buyer is a consumer and the physical defect was found within one year from the date of delivery of the sold item, it shall be presumed that the defect or its cause existed at the time the danger passed to the buyer.
Article 5563 The seller is liable to the buyer if the item sold is the property of a third party or if it is encumbered with the right of a third party, and if the restriction on the use or disposal of the item results from a decision or ruling of a competent authority; if the right is sold, the seller is also responsible for the existence of the right (legal defect).
Please be advised that you have the opportunity to use extrajudicial means of dealing with complaints and redressing through mediation. The consumer has, among others, the following possibilities of using out-of-court complaint and redress methods:
● the consumer is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement.
● the consumer is entitled to apply to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute,
● the consumer can get free help in resolving a dispute, also using the free help of a poviat (municipal) consumer rights adviser or a social organization whose statutory tasks include consumer protection.
INFORMATION REGARDING RETURN AND RIGHT TO WITHDRAW FROM THE AGREEMENT AND INSTRUCTIONS ON WITHDRAWAL FROM THE AGREEMENT
You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day on which you came into possession of the purchased goods or when a third party other than the carrier and indicated by you came into possession of the goods. To exercise the right of withdrawal, you must inform us [IMAGO KRZYSZTOF MATUK, ul. Przędzalniana 6L premises 14, 15-668 Białystok, phone: +48690090311, e-mail address: [email protected]] about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail).
You can use the example withdrawal form, but it is not mandatory. To meet the deadline to withdraw from the contract, you only need to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
Effects of withdrawal from the contract.
In the event of withdrawal from this contract, we will immediately refund all payments received from you, in any case, no later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. Reimbursement will be made using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any case you will not incur any fees in connection with this refund. We may withhold reimbursement until we receive the item or until we receive proof of sending it back, whichever occurs first.
MODEL WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
IMAGO KRZYSZTOF MATUK,
ul.Przędzalniana 6L lokal 14,
15 -668 Białystok
tel.:+48690090311
adres e-mail: [email protected]
I / We hereby inform / inform about my / our withdrawal from the sales contract of the following
– Items:
– Date of conclusion of the contract / receipt:
– Name of consumer (s):
– Address of consumer (s):
– Signature of consumer (s) (only if the form is sent on paper):
– Data: