Website and Online Purchase Terms and Conditions
These Website and Online Purchase Terms and Conditions shall manage your use of this Website and placing an order at the Online Store (at iterategame.com), hereinafter referred to as “Our Services”. By using Our Services, you agree to accept all terms and conditions written below, so please read it carefully. You must not use Our Services if you disagree with any of these Website and Online Purchase Terms and Conditions.
In these terms and conditions:
“We” and “us” means PRODUCTIFY sp. z o.o. (Polish limited liability company) with its registered office in Kraków, address: Plac Wolnica 13/10, 31-060 Kraków, Poland, entered to a Commercial Register of the National Court Register under the KRS number: 0000661826, tax ID number (NIP): PL6762522148, e-mail: , hereinafter also referred to as “PRODUCTIFY sp. z o.o.”. “You” means the person using Our Services. “Consumer” means natural person who makes a legal transaction with an entrepreneur, not related directly to its business or professional activity (within the meaning of Polish Civil Code provisions). “Contract” means a sales contract concerning our Product concluded between you and us via the Online Store, without the simultaneous presence of both parties, exclusively with using one or more means of distant communication. “Electronic order form” means an interactive online form available at the Online Store, which allows you to place an order by choosing the Product and defines the terms of the Contract, including the method of payment and delivery. “Entrepreneur” means natural or legal person who makes a legal transaction related directly to its business or professional activity. “Order” means an order placed by you at the Online Store via electronic order form in order to conclude a contract with us. “Product” means a product offered by us for sale at the Online Store.
2. Intellectual Property Rights.
Under these Terms, PRODUCTIFY sp. z o.o. and/or its licensors (hereinafter referred to as “Owners”) own all the intellectual property rights (including copyright) to this Website and materials contained in this Website, unless stated otherwise.
You are granted limited license only for purposes of viewing the material contained on this Website. To use the content in other way, you need a written permission from the Owners.
You are specifically restricted from all of the following:
- publishing any Website content in any other media, except by sharing our content in social media without deleting the source;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being accessed by you and PRODUCTIFY sp. z o.o. may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID or password you may have for this Website are confidential and you must maintain confidentiality as well.
4. Your Content.
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant PRODUCTIFY sp. z o.o. a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. PRODUCTIFY sp. z o.o. reserves the right to remove any of Your Content from this Website at any time without notice.
To place an Order at our Online Store you shall choose the Product and then complete and submit an electronic order form. You will receive an automatic e-mail confirmation of placing the order – that is not a final acceptation of the order by us. We accept the order by sending you an e-mail with information about sending the Product to you. We will not accept the order if your payment is not authorised. Until the authorisation, our Products will not be sent (or provided in other way) to you, and we are not liable for the delay. Until acceptation you can always cancel your order. Accepting placed order by us results in binding contract.
Concluding the contract step by step:
- You choose a Product and place an order.
- You may be redirected to a third-party website to complete your order (e.g. to make a payment).
- You receive an automatic e-mail confirmation of placing the order.
- We accept the order and send an e-mail to you. The order will not be accepted if:
- we do not have the Product in stock,
- your payment is not authorised,
- there is an error on our Website regarding the price or other details of the Product,
- you have canceled your order.
- The ordered Product is sent to you or provided otherwise in an appropriate way.
6. Prices and Payment.
Prices are quoted in EUR or USD, and we accept payment in both currencies. Packing and delivery costs, if any, will be added to the total price of your purchase. Any additional costs related to shipment, in particular customs duties are not included and you shall cover them on your own. If Product you have ordered are unavailable, you will be notified as soon as possible. You pay the price of the Product shown at the time of placing your order, even if the price of the Product has changed since then. If the Product price is reduced (sale, discount), it will be calculated before applying any packing and delivery charges.
Your payment will be processed by PayPal or other payment service owned by a third party. You shall accept their terms and conditions while making your payment.
We attach a VAT invoice to the package with Product send to you or provide the bill or invoice in an electronic form.
If you cancel your order before we accept the order, we will return your money.
Information about packing and delivery charges will be provided after choosing the Product and before placing the order, where applicable. All additional charges that may arise in connection with the delivery, in particular customs duties, are paid by you. A Product which is in store shall be sent within 3-10 working days from accepting your order by us. We have the right to change the delivery date in the event of a temporary lack of Products in stock. If this happens, we will inform you about the fact of extending the delivery date as soon as possible.
Deliveries are managed worldwide by external courier companies. We are not responsible for the delays caused by third party postal services.
8. Product Returns and Warranties.
Each Product sold by us is new, free from physical and legal defects (unless the description of the Product says otherwise) and, if you are a consumer, covered by a statutory warranty (Polish “rękojmia”). If you are an entrepreneur, we do not give you a warranty. If you are a consumer, and you are not satisfied with the product after receiving it, contact us (by sending a complaint to our e-mail address or our registered office address) for return of the payment price, reducing the price or making the Product compliant with the contract. Your complaint must indicate the reason of your request and your contact data. You should also present the proof of purchase (an invoice). We have 14 days to answer your complaint since receiving it (if we do not answer within 14 days, it means that we accept your complaint). The Product shall be sent back to our registered office address.
We are not responsible for losses caused by incorrect or improper use of the Products, and for the normal usage of Products. Any doubts regarding specific Products should be consulted with us.
If you are a consumer, you are entitled to return the purchased Product without giving a reason within 14 days from the date of receiving the Product (withdrawal from the contract). The withdrawal statement shall be sent to us via e-mail or to our registered office address with the proof of purchase (an invoice). The Product shall be sent back to our registered office address and you shall pay the delivery costs and indicate the bank account number on which we shall return the purchase price including delivery costs (but only the cost of the cheapest possible delivery). You are liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
The administrator of your personal data is PRODUCTIFY sp. z o.o. We process personal data in order to perform the contract or take action before the conclusion of the contract.
The recipients of personal data will be: external entities providing and supporting our IT systems, providing services related to our day-to-day activities, courier companies and third-party payment services - pursuant to relevant agreements entrusting the processing of personal data and ensuring the use of the above-mentioned entities with adequate technical and organizational measures to ensure data protection.
You have the right to access your data and demand rectification, deletion, processing restrictions and the right to object to the processing of your data. You have the right to lodge a complaint with the supervisory body (Polish Office for Personal Data Protection).
10. No Warranties.
This Website is provided “as is,” with all faults, and PRODUCTIFY sp. z o.o. expresses no representations or warranties of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
11. Limitation Of Liability.
In no event shall PRODUCTIFY sp. z o.o., nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. PRODUCTIFY sp. z o.o., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent PRODUCTIFY sp. z o.o. from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
14. Variation Of Terms.
PRODUCTIFY sp. z o.o. is permitted to revise these Terms at any time as it sees fit, and by using our Services you are expected to review these Terms on regular basis.
PRODUCTIFY sp. z o.o. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
16. Entire Agreement.
These Terms constitute the entire agreement between PRODUCTIFY sp. z o.o. and you in relation to your use of our Services and supersede all prior agreements and understandings.
17. Governing Law and Jurisdiction.
These Terms will be governed by and interpreted in accordance with the laws in Poland, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Kraków for the resolution of any disputes.
Website and Online Purchase Terms and Condition – v1.2
Last edited: 29/10/2018