§1 General provisions
- These Rules and Regulations, hereinafter referred to as "Rules and Regulations", set forth the rules for the use of the website and online store located at the following Internet address: tagconcierge.com/terms, hereinafter referred to as "Store".
- The store is operated by: Architektura Informatyka Michał Rączka, 5472132941, Józefa Sarego, nr 18, lok. 5, 31-047 Kraków, hereinafter referred to as the "Store Administrator".
- Any natural person - with full legal capacity, a legal person or an organizational unit without legal capacity, to which the law grants legal capacity - interested in using the Store, by registering in the Store or placing an order, becomes its Customer and declares (by checking the appropriate checkbox) that he or she has read the Rules and Regulations and undertakes to comply with them.
- The customer can contact the Store Administrator in particular:
a) via email, at: email@example.com
b) or via the form available at: www.tagconcierge.com/contact
- All prices shown on the Shop's pages are in the currency USD and do not include
VAT (net prices).
Through the Store, computer programs ("Plug-ins") and services ("Services") collectively referred to as "Products" are sold.
Plugins sold in the Store are licensed as specified in the Rules and Regulations, which applies to each Plugin.
Plug-ins sold in the Store are offered on an annual subscription model and are subject to recurring payments.
The subscription includes updates for the duration of the purchased subscription.
The validity of the subscription is 1 year from the date of purchase and can be extended for another year.
The subscription can be renewed at any time from the date of purchase, but before it expires. When renewing an active subscription, the price applies according to the price list current for the renewal. Once the subscription expires, it cannot be renewed, and a new order must be placed if you wish to use the Plugin again. The Store Administrator will inform about the price list change 30 days before the change. The Store Administrator is entitled to organize promotions and offer special prices at its own discretion and under the terms of the respective promotion.
The Customer uses automatic subscriptions by default, choosing a recurring payment in the payment system (Stripe payment card).
In the case of automatic subscriptions, payments will be collected on a recurring basis automatically, which means that the subscription will be automatically renewed when it expires, and the Store will collect payment for it (for the next year).
The Customer has the right to opt out of automatic annual payments at any time on the subscription page of the Stripe system accessible through the Customer's account.
An active subscription entitles you to receive updates to the Plugins. When the subscription expires, the Customer may continue to use the Plugins, but no longer without updates. After the expiration of the subscription, it is not possible to download Plug-ins via the Store, even the versions that the Customer used during the validity of the subscription.
The Customer may use one Plugin per website, unless otherwise stated in the description of a particular Plugin.
The Customer has the opportunity to download a demo version of the Plug-in with the parameters indicated in the description of the Plug-in, according to the rules specified by the Store. In such a case, downloading the demo version of the Plug- in involves creating an Account in the Store and agreeing to the Store Administrator's contact with the Customer, including for the purpose of presenting the Store Administrator's commercial offer.
§3 Placing orders
- The purchase of a Product is conditional on the completion of an order form on the Store's website.
- The customer is obliged to fill out the order form completely and correctly, providing data in accordance with the facts.
- Orders can be placed around the clock.
- Within 24 hours, the Store informs the Customer of the receipt of the order by sending the appropriate confirmation to the Customer's e-mail address.
- An order is considered to be accepted for processing after the Store confirms acceptance of the order placed by the Customer.
- The Customer and the Store are bound by the price of the Product, which the Store will indicate in the confirmation of the order placed by the Customer.
- The store has the right to cancel any order placed by the customer until it is confirmed in accordance with paragraphs 5 and 6 above.
- As part of the recurring payment service, the customer has the option to save card data and order a standing direct debit. The card data will be stored by the Payment Operator (Stripe.).
§4 Payment and order processing
- The following forms of payment are honored in the Store:
a) payment by card - payment is made through the Stripe payment system in real time; the order is processed after the receipt of the order value into the Store's account in the Stripe system.
- If the ordered Product is not paid for within 5 working days from the date of order, the order is cancelled.
- Processing of the order takes place immediately after the payment is credited.
- In the case of downloadable Plugins, information about the possibility of downloading the ordered Plugins is sent to the Customer at the e-mail address provided when placing the order, or the Customer is redirected to an external site that allows downloading the Plugin after paying for the order.
- A VAT invoice is issued within 14 days from the date on which the order payment is credited to the Store's account. The customer is obliged to provide the data necessary for proper issuance of a VAT invoice, in accordance with applicable regulations.
- The customer agrees to provide the invoice in electronic version.
§5 Complaints, Right of Withdrawal and Return Policy
- Complaints about the operation of the Store and the Products may be submitted via the contact form on www.tagconcierge.com/contact
- Complaints about the Products can be submitted within 30 days from the date of noticing the cause of the complaint.
- In particular, a complaint notification should contain the following data: the Customer's name, the Customer's address, the order number, the date of the order, the subject of the order (the name of the plug-in), the reason for the complaint and the Customer's contact information and demands related to it.
- Complaints submitted by the User will be processed within 14 days of their submission.
- Resolution of the complaint will be sent electronically to the e-mail address indicated by the Customer.
- A Customer, who is a Consumer or a Business benefiting from consumer protection, who has concluded a distance contract with the Shop Administrator, may withdraw from the Sales Contract without giving any reason within 14 days. However, this right does not apply to:
a) Contracts for the provision of services (e.g. plug-ins), if the Shop Administrator has fully performed the service with the express consent of the Consumer/Entrepreneur exercising consumer protection, and previously informed him/her that thereby the Consumer will lose the right to withdraw from the contract and also
b) contracts for the delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer/Entrepreneur exercising consumer protection before the expiry of the deadline for withdrawal from the contract and after the Shop Administrator has informed him/her of the loss of the right to withdraw from the contract.
- The Store Administrator offers the possibility to return the Product (called Returns Policy) within 30 days from the date of purchase. The condition for using this opportunity is to provide a reason for returning the Product. License renewals are not subject to returns. Details of the Returns Policy can be found at: www.tagconcierge.com/refunds-policy.
§6 Technical requirements
The use of the Store by the Customer requires:
a) Internet access,
b) Using a web browser (recommended browsers: Microsoft Internet Explorer ver. 8.0 and above, Mozilla Firefox ver. 6.0 and above, Opera ver. 12.0 and above, Google Chrome ver. 20.0 and Safari ver. 5.1 and above),
c) having an active and working e-mail account to receive e-mail messages.
When a Customer visits the Store's website, the Store's computer system sends at least one Cookie file to the Customer's computer in order to uniquely identify the browser. The Store's server automatically logs the information sent by the Customer's browser when viewing the sites. Server logs may include information such as network request, IP address, browser type and language, date and time the request was sent. This information helps improve the quality of the Store's service by identifying and storing Customer preferences and tracking trends, such as the ways in which the Store's website is searched. The Customer can disable the recording of cookies, thus remaining anonymous. However, by not allowing cookies to be recorded, the Store will not be able to identify the Customer or his preferences
In the descriptions of Plug-ins available in the Store, there is a specification of the minimum technical requirements necessary for proper operation of the Plug-in in the Customer's system (its online store).
The Store Administrator shall take technical and organizational measures to ensure secure access to the services for the Customer, in particular, measures to prevent access and modification of personal data by unauthorized persons.
The customer is prohibited from providing unlawful content.
§7 Services provided electronically
- The administrator of the store by means of the Website provides electronic services.
- The following free electronic services, among others, are available:
a. To enable the Customer to browse the content and assortment on the Website and Store and to use the content search engine,
b. creation and maintenance of an Account in the Store,
c. newsletter mailing
- The Store Account Agreement and the Newsletter Agreement are concluded for an indefinite period of time and may be terminated at any time with immediate effect. The Store Account Agreement may be terminated by deleting the Account, and the Newsletter Agreement by unsubscribing from it according to the instructions contained in each newsletter or by sending an appropriate request to the Store Administrator at the email address specified in the Rules and Regulations.
- The Administrator of the Store through the Website also provides paid Products, which are services provided electronically within the meaning of the Act of July 18, 2002 on the provision of electronic services.
- Detailed descriptions of the Products and their scope, special conditions of participation, if required, and prices can be found on the Website in the descriptions of each Product.
§8 Creating an Account in the Store
- Creating an Account in the Store is free of charge.
- Placing an order is equivalent to creating an Account in the Store and is done automatically.
- The customer is not able to create an Account in the Store without placing an order.
- Logging into the Account is done by providing the login established in the Registration Form. The Customer also receives a one-time password for logging in to the e-mail address indicated in the Form.
- The Customer has the option to delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Store Administrator, in particular via e-mail to the address specified in the Rules and Regulations. In this case, the Customer loses the possibility of obtaining updates to the Plugins.
- All content, i.e. photos their descriptions and other visual or textual materials, as well as software elements, available on the Store's website are protected by copyright, and these rights are vested in the Store Administrator or he holds appropriate licenses to them.
- It is forbidden to reproduce and distribute in any form the materials specified in paragraph 1 above without obtaining the prior written consent of the Store Administrator. Unauthorized distribution of the above content may result in civil and criminal liability.
- The Store Administrator is the sole owner of the Plugins, including copyrights.
- Upon payment of the fee, the Store Administrator grants a paid, non-exclusive license to use the Plugin, valid globally for the use of the Plugin in accordance with its intended purpose. The Customer has no right to grant a further license to a third party. The license is a personal right of the Customer and may not be transferred to a third party without the consent of the Store Administrator.
- The granting of a license does not limit the right of the Store Administrator to license the use of the Plugins to third parties.
- The Store Administrator retains its exclusive copyrights and intellectual property rights to the Plugins and any modifications or extensions created by the Store Administrator.
- The license to the Ribbon entitles you to use it for its intended purpose. The law applicable to this license is Polish law.
- Except as and to the extent expressly permitted by the license (including, but not limited to, licenses such as the GPL), Customer shall not, and specifically shall not permit others to:
a) modify, alter, amend, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements to the Plugin or any of its components;
b) recreate the source code, decompile, decode, adapt or otherwise attempt to obtain or access the source code, in whole or in part;
c) access or use the Plugin, services or source code for the purpose of competitive analysis of these materials, development, provision or use of a competitive product or service, or for any other purpose that works to the detriment or commercial disadvantage of the Store Administrator.
- The Customer may only use the Plug-in for lawful purposes in accordance with these Terms and Conditions and applicable law.
- The Customer may not use the Plugin in particular to conduct unfair trade practices.
§10 Protection of personal data
§11 Out-of-court ways to resolve consumer disputes
- The Administrator of the Store agrees to submit any disputes arising in connection with remote contracts to mediation proceedings. Details will be determined by the parties to the conflict.
- In a situation where mediation proceedings undertaken have been unsuccessful, and the Customer is not a Consumer or Entrepreneur benefiting from consumer protection, the court of competent jurisdiction for the resolution of all disputes related to such an agreement shall be the court of competent jurisdiction for the seat of the Site Administrator, and the law of Poland.
- The Consumer has the opportunity to use out-of-court means of handling complaints and claims. Among other things, the Consumer has the opportunity to:
a. to apply to a permanent amicable consumer court with a request to resolve a dispute arising from the contract,
b. to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute,
c. use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- Consumers can also file a complaint through the EU's online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
- For more detailed information on out-of-court ways of handling complaints and claims, the consumer can look for at http://www.uokik.gov.pl
§12 Final provisions
- The Store Administrator reserves the right to make changes to the Rules and Regulations for important reasons, i.e.: changes in laws, changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of these Rules and Regulations.
- If changes are made to the Rules and Regulations, the Store will inform customers of the changes made and the date from which they will take effect by publishing the consolidated text of the Rules and Regulations on the Store's website at least 14 days before the effective date of the new provisions.
- In the event that any of the provisions of these Rules and Regulations are modified or invalidated, as a result of a final court decision, the remaining provisions of these Rules and Regulations shall remain in force and bind the parties.
- The Administrator of the Store reserves the possibility of interruptions in the operation of the Store's website - in connection with maintenance , reconstruction or modernization of the store. In the case of technical interruptions, the Store will post an appropriate information message on the Store's website, indicating the estimated time of restrictions on the availability of the site. The Store strives to make technical interruptions as infrequent as possible and to make them as inconvenient as possible for its Customers.
- The Shop Administrator, to the fullest extent permitted by law, shall not be liable for any interference, including interruptions in the operation of the Service and the Shop caused by force majeure, unauthorized acts of third parties or incompatibility of the Service with the Customer's technical infrastructure. The total liability of the Shop Administrator to the fullest extent permitted by law shall not exceed the total remuneration received from the non-Consumer Customer as a result of the order.
- In no event shall the Store Administrator be legally responsible to the Customer for damages resulting from the use, misuse or inability to use the Plug-ins regardless of how the damages arose and what they relate to, whether in contract, tort or otherwise, even if the Store Administrator knew, should have known or was informed of the possibility of such damages. The Store Administrator recommends testing the Plug-in on a test environment.
- Contracts concluded by the Store Administrator are concluded in English.
- The applicable law of the Rules and Regulations is Polish law.
- The Rules and Regulations apply to contracts concluded from onwards August 1, 2022.