- The www.pyxisbackup.com store operates on the terms set out in these Regulations.
- The Regulations define the terms and conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and range of services provided electronically by the www.pyxisbackup.com, the rules for providing these services, and the terms of concluding and terminating contracts for the provision of electronic services.
- Each Recipient, upon taking steps to use the Electronic Services of www.pyxisbackup.com is obliged to comply with the provisions of these Regulations.
- In matters not covered in these Regulations, the provisions shall apply:
4.1. Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),
4.2. Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827),
4.3. Act on an Out-of-court resolution of consumer disputes of September 23, 2016 (Journal of Laws of 2016, item 1823),
4.4. The Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.
DEFINITIONS CONTAINED IN THE REGULATIONS
- REGISTRATION FORM – a form available on the website www.pyxisbackup.com enabling the creation of an Account.
- ORDER FORM – a form available on the website www.pyxisbackup.com enabling placing an Order.
- CUSTOMER – Customer who intends to conclude or conclude a Sale Agreement with the Seller.
- LICENSE KEY – the serial number to which the Product is assigned at the time of purchase.
- CONSUMER – a person who performs with the entrepreneur a legal action not related directly to its business or professional activity.
- ACCOUNT – marked with an individual name (login) and password, a set of resources in the Service Provider’s IT system in which the Recipient’s data, including information on orders placed, is collected.
- SOFTWARE – data generated and provided by the Seller in digital form, to which access takes place after receiving the License Key.
- PRODUCT – Software available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
- REGULATIONS – these Regulations of the Store.
- STORE – Online store of the Service Provider operating at www.pyxisbackup.com.
- SELLER, SERVICE PROVIDER – Tadeusz Smela doing business under the name COMRAD TADEUSZ SMELA entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for economy, place of business and address for delivery: Kazimierz Wierzyńskiego 1/2, 70 -786 Szczecin, NIP: 9551457697, REGON: 810987841, e-mail address (e-mail): email@example.com
- SALES AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller via the Store.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Store.
- SERVICE USER – a person, a legal person or an organizational unit without legal personality, the law of which grants legal capacity using the Electronic Service.
- ORDER – Customer’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
PRODUCTS AND ORDERING INFORMATION
- The www.pyxisbackup.com store conducts retail sale of Products via the Internet.
- Products offered in the Store are Software that is free from physical and legal defects.
- The information on the Store’s websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to buy a specific Product under the conditions specified in its description.
- The price of the Product displayed on the Store’s website is given in US dollars (USD) and is the net price. The gross price is indicated in the Order Form and includes all components, including VAT, according to the rate of the country of the recipient of the Software.
- The price of the Product displayed on the Store’s website, and then in the Order Form, is binding at the moment the Customer places an Order. This price will not change regardless of the price changes in the Store, which may occur in relation to particular Products after the Customer places an Order.
- Orders can be placed via the website using the Order Form (www.pyxisbackup.com) – 24 hours a day throughout the year.
- In order to place an Order, the Customer is not obliged to register an Account in the Store.
- The condition for placing an Order in the Store by the Customer is to read the Regulations and accept their provisions at the time of placing the Order.
- Before making the purchase decision, the Customer may download the fully functional demo version of the Software from the Store’s website and use the full functionality of the program free of charge for 30 days. Before buying, it is recommended to download the trial version of the Software and test all its functions, as in accordance with art. 38 point 13 the right to withdraw from the contract for the sale of digital content that is not recorded on a tangible medium is excluded if the performance began with the Consumer’s explicit consent before the deadline for withdrawal and after informing the entrepreneur about the loss of the right to withdraw from the contract.
- After the end of the trial period referred to in point 9 of this paragraph, the Customer may purchase a License Key in order to unlock the full functionality of the Software.
- To conclude a Sales Agreement, it is necessary for the Customer to submit an Order made available by the Seller, in accordance with § 3 points 6 and 8.
- After placing the Order, the Seller immediately confirms its receipt.
- Confirmation of the acceptance of the Order for execution causes the Customer to be bound by its Order. Confirmation of receipt and acceptance of the Order for implementation is effected by sending an e-mail.
- Confirmation of acceptance of the Order for implementation includes:
4.1. confirmation of all essential elements of the Order,
4.2. these Regulations containing instructions on the right to withdraw from the contract.
- Upon receipt by the Customer of the e-mail referred to in point 4, a Sales Agreement is concluded between the Customer and the Seller.
- Each Sale Agreement will be confirmed by proof of purchase.
- After purchasing the Software, the Customer receives the License Key that he/she should enter on his/her computer.
- The License Key is unique and entitles you to unlimited use of the Software on one computer.
- The License Key is sent to the Customer by e-mail in an email confirming the purchase immediately after making the payment. If you do not receive a message, please contact us at firstname.lastname@example.org.
- The license is non-exclusive, it is granted for an indefinite period, in accordance with the purpose of the Software and is valid worldwide.
- In the case of the trial version of the Software (TRIAL), the Seller grants the Customer a free, non-exclusive license to use the Software for its intended purpose, for a period of 30 days from the installation of the Software, which is valid throughout the world.
- The Customer is not entitled to make the reverse engineering, disassemble and decompile the Software on its own or with the participation of third parties.
- The Customer undertakes not to use programs or tools that may disrupt the Software provided via the Store.
- Detailed terms of using the Software are included in the license agreement attached to the Software, which is an attachment to the Regulations.
- The seller provides the following payment method:
– payment via electronic payment services.
- In the case of payment via electronic payment services, the Customer pays before the execution of the Order. Electronic payment services allow you to make payments using a credit card or a quick transfer from selected banks.
- The Customer is obliged to pay the price under the Sales Agreement on the day of its conclusion.
- With the exception of the free trial version of the Software, the Product License Key will be sent to you only after it has been paid for.
DATE AND METHODS OF DELIVERY OF THE PRODUCT
- Delivery of the Product License Key occurs automatically on the date of payment of the sale price.
- Product License Keys are sent via e-mail to the Customer’s e-mail address indicated in the Order Form. Customers are asked to enter their contact details accurately.
- Warranty complain.
1.1. All products offered in the store have a manufacturer’s warranty.
1.2. The warranty period for Products is 12 months and is counted from the date of delivery of the Product license key to the Customer.
1.3. The warranty does not exclude the Consumer’s rights under the warranty for physical and legal defects of the Product, as set out in the Civil Code.
- A warranty claim.
2.1. The basis and scope of the Seller’s liability towards the Customer being a Consumer, under the warranty covering physical and legal defects, are specified in the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended). The Seller’s liability under the warranty is excluded in the case of a Sales Agreement concluded with a Customer who is not a Consumer.
2.2. Notifications about defects concerning the Product and the submission of a relevant request may be made via e-mail to the following address: email@example.com
2.3. In the above message, please provide as much information and circumstances regarding the subject of the complaint, in particular, the type and date of occurrence of irregularities and contact details. The information provided will significantly facilitate and accelerate the complaint handling by the Seller.
2.4. The Seller will respond to the Customer’s request promptly, no later than within 14 days of the notification.
2.5. In the case of a complaint of a Customer who is a Consumer – failure to examine a complaint within 14 days from the notification is synonymous with its consideration.
2.6. The response to the complaint is passed on to the Consumer on a durable medium in the form of an e-mail.
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- Subject to paragraph 4 of this paragraph, the Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons, by submitting a relevant statement within 14 days. To comply with this deadline, it is sufficient to send a statement of withdrawal from the contract made available by the Store.
- In the event of withdrawal from the contract, the Sales Agreement is considered null and void.
- The fourteen-day period, in which the consumer may withdraw from the contract, counts from the day on which the consumer took possession of the product.
- The right to withdraw from a distance contract is not entitled to the Consumer in the case of contracts for the supply of digital content that are not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline for withdrawal and after informing him by the trader on the loss of the right to withdraw from the contract.
- The right to withdraw from the Sales Agreement is vested in the Seller and the Customer (the Consumer) in the event of the other party failing to fulfil its obligations within a strictly defined period.
PROVISIONS RELATING TO ENTREPRENEURS (B2B)
- In this paragraph, provisions are made only for Customers who are not Consumers.
- The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a Consumer within 14 business days from the date of its conclusion. Withdrawal from the Sales Agreement, in this case, may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer in relation to the Seller.
- The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a termination notice to the Customer who is not a Consumer.
TYPE AND RANGE OF ELECTRONIC SERVICES
- The Service Provider enables using the Online Store to use Electronic Services such as:
1.1. concluding Product Sales Agreements,
1.2. keeping an account in the store.
- The provision of Electronic Services to Service Users in the Store is carried out on the terms specified in the Regulations.
- The Service Provider has the right to post advertising content on the Store’s website. These contents form an integral part of the Store and the materials presented therein.
CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
- The provision of Electronic Services specified in § 10 point 1 of the Regulations by the Service Provider is free of charge.
- The period for which the contract is concluded:
2.1. the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period.
2.2. the contract for the provision of Electronic Services consisting in the possibility of placing an Order in the Store is concluded for a definite period of time and shall be terminated upon submission of the Order or ceasing its submission by the Customer.
- Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
3.1. computer (or mobile device) with access to the Internet,
3.2. access to electronic mail,
3.3. Web browser,
- The Service User is obliged to use the Store in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties.
- The Service Recipient is obliged to enter data consistent with the actual state.
- The recipient is prohibited from providing unlawful content.
COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES
- Complaints related to the provision of Electronic Services via the Store, the Customer may submit via e-mail to the following address: firstname.lastname@example.org.
- In the above e-mail, please provide as much information and circumstances regarding the subject of the complaint, in particular, the type and date of occurrence of irregularities and contact details. The information provided will significantly simplify and speed up the consideration of the complaint by the Service Provider.
- Consideration of the complaint by the Service Provider shall take place immediately, not later than within 14 days of the notification.
- The response of the Service Provider regarding the complaint is sent to the Customer’s e-mail address provided in the complaint form or in another way provided by the Client.
CONDITIONS FOR SOLVING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Termination of the contract for the provision of Electronic Services:
1.1. Termination of the Electronic Service of a continuous and unlimited duration (keeping an Account) may be terminated.
1.2. The Service Recipient can terminate the contract with immediate effect and without indicating the reasons by sending an appropriate statement via e-mail to the following address: email@example.com.
1.3. The Service Provider may terminate the agreement for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service User violates the Regulations, in particular when providing illegal content after an ineffective prior call to stop violations with setting an appropriate deadline. In such a case, the contract expires after 7 days from the date of submitting the declaration of will on its termination (notice period).
1.4. Termination leads to the termination of the legal relationship with effect for the future.
- The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.
- All content posted on the website at www.pyxisbackup.com, and made available to the Software copyright protection and (subject to elements used under license, transfer of copyright or fair use) are owned by Tadeusz Smela (COMRAD TADEUSZ SMELA), Kazimierza Wierzynskiego 1/2, 70-786 Szczecin, NIP: 9551457697, REGON: 810987841 and Marcin Biskupski. The Service Recipient bears full responsibility for the damage caused to the Service Provider, which results from the use of any content on the website www.pyxisbackup.com, without the consent of the Service Provider.
- Any use by anyone, without the express written consent of the Service Provider, of any of the elements making up the content and content of the website www.pyxisbackup.com is a violation of the copyright of the Service Provider and results in civil and criminal liability.
- All trade names, company names and their logos used on the Store’s website at www.pyxisbackup.com belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store’s website at www.pyxisbackup.com are used for informational purposes.
- Contracts concluded through the Store are concluded in accordance with Polish law.
- In the event of any incompatibility of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision of the Regulations.
- All disputes arising from the Sale Agreements between the Store and Consumers will be resolved in the first place through negotiations, with the intention of amicable settlement of the dispute, including the Act on Out-of-court resolution of consumer disputes. However, if it would not be possible or would be unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with item 4 of this paragraph.
- Judicial dispute resolution:
4.1. Any disputes arising between the Service Provider (Seller) and the Customer (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
4.2. Any disputes arising between the Service Provider (Seller) and the Customer (the Customer) who is not a Consumer shall be submitted to the court competent for the seat of the Service Provider (Seller).
- The Customer who is a Consumer also has the right to use extrajudicial dispute resolution, in particular by submitting a request for mediation or a petition to the arbitration court at the end of the complaint procedure (the application can be downloaded at http: //www.uokik. gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available at the following website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also take advantage of the free assistance of a district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection. Out-of-court claims after the complaint procedure are free.
- In order to amicably resolve a dispute, the consumer may, in particular, file a complaint via the online platform ODR (Online Dispute Resolution), available at http://ec.europa.eu/consumers/odr/.