The owner and administrator of the Store is Freetivi Sp. z o.o. with its registered office in Warsaw at the following address: 00-834 Warsaw, ul. Pańska 73, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw, 12th Business Division of the National Court Register, under the KRS number: 0000275121.
I. General Provisions
IV. Information on Goods
V. Order Processing and Delivery
VI. Payment methods
VII. Complaint and Return Policy
IX. Refund Policy
X. Final Provisions
I. General Provisions
The Terms and Conditions are made available free of charge on the Interactive Video Platform Website, in a way so that everyone may get acquainted with its content before concluding the Agreement. At the request of the Customer, the Terms and Conditions will be sent in PDF format to the email address specified by the Customer. The Customer is required to become familiar with the Terms and Conditions before the conclusion of the Agreement. The Store is run by the Seller. The Store sells goods and services through the Website which constitutes an integral part of the Interactive Video Platform as well as Websites of Online Intermediaries using the Interactive Video Platform.
Expressions used in these Terms and Conditions shall mean:
ORDER PROCESSING TIME – time which the Store needs to complete an order and hand the goods over to the carrier. Note that orders are only processed on Business Days;
BUSINESS DAY – business days do not include weekends or federal holidays;
CC – the Act of April 23, 1964, the Civil Code [Kodeks cywilny] (consolidated version: Journal of Laws from 2014, item 121, as amended)
CUSTOMER – a natural person with full or limited legal capacity, legal entity or unincorporated organizational unit with capacity to perform acts in law, making purchases in the Store;
CONSULTANT – a person who assists the Customer via the Customer Service Department (CSD), communicating with the Customer via phone, Internet, or in writing. In special cases, the Seller may decide that the Consultant should personally contact the Customer;
CONSUMER – a natural person who meets the criteria specified in the item 221 of the CC;
CUSTOMER ACCOUNT – a database which contains Customer data needed for an order to be completed. Should the Customer consent to the processing of personal data for other purposes, it also contains personal data of the Customer which are processed based on his/her chosen preferences;
PDF – a file format which makes a file viewable after downloading it to any electronic device with a PDF reader installed;
ELECTRONIC FILES – digital content, e-books, audiobooks, computer games, and other products offered for sale in the form of a file to be used on the appropriate electronic device. The file itself can be emailed or made available through other online means;
INTERMEDIARY – an owner and administrator of an online service, who has entered into an agreement with the Seller, whereby a Customer may purchase the Products using the Interactive Video Platform embedded into the Website of the Intermediary;
PRODUCT – an object or a service currently on offer at the Store, which is sold by the Seller in the Store;
TANGIBLE PRODUCT – an object currently on offer at the Store, which is sold by the Seller in the Store;
ONLINE WIRE TRANSFER – payment made by the Customer using his/her online bank account, debit card, digital wallet, or other means available through online payment systems;
TRADITIONAL WIRE TRANSFER – payment made by the Customer at the bank using his/her online or traditional bank account, or at the post office;
TERMS AND CONDITIONS – the document in question which specifies the terms and conditions of purchase;
STORE – online store of the Interactive Video Platform that is administered by the Seller, available through the Websites of the Intermediaries, and located at: www.tagmax.pl;
WEBSITE – the site located at: www.tagmax.pl;
WEBSITE OF THE INTERMEDIARY – the site with an online service administered and owned by the Intermediary, where the Products are available through the Interactive Video Platform;
SELLER – Freetivi Sp. z o.o. [LLC] with its registered office in Warsaw at the following address: 00-834 Warsaw, ul. Pańska 73, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw, 12th Business Division of the National Court Register, under the NCR [KRS] number: 0000275121, Taxpayer Identification Number [NIP]: 5272534847; with a share capital (paid-up capital) of PLN 100.000;
INTERACTIVE VIDEO PLATFORM – a set of special tools and services that allow placing tags and links to Products and Services within a video. Thanks to it, a video may be played on the Website of the Intermediary using the tagmax.pl player, giving the Customer the opportunity to purchase the Products and Services while the video is playing;
DIGITAL CONTENT – data produced and supplied in digital form as defined by the Act;
SERVICE – the service currently on offer at the Store;
ACT – the Act on Consumer Rights of May 30, 2014 (Journal of Laws from 2014, item 827, as amended);
ACT ON PROVIDING SERVICES BY ELECTRONIC MEANS – the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2013, item 1422, as amended).
Orders from the Customers are taken by the Interactive Video Platform via the content of the video embedded into the Websites of the Intermediaries or other online services they provide, 7 days a week, 24 hours a day. Placing orders may not be possible when the device by means of which the Customer uses the Internet does not meet the parameters specified in clause 34 of the Terms and Conditions. The Seller reserves the right to temporarily make the option to place orders unavailable, in particular due to maintenance work on the Interactive Video Platform.
In order to shop in the Store, the following prerequisites need to be met: owning an active email account, having a contact phone number, and setting up the Customer Account. The personal data, necessary for setting up the Customer Account, is provided by the Customer voluntarily. Not submitting the data, however, prevents the order from being completed. The Customer Account may be set up through completing the form that becomes available in the course of placing the order. Consent to the processing of personal data in a form other than that which is necessary for the agreement to be completed, or for undertaking a certain task before entering into the agreement at the request of the person, whose data is in question, is voluntary and does not prevent the person from ordering the Product.
It is prohibited for the Customer to provide illegal content. In the event that the Store has received an official notification or a message about the unlawful nature of the stored data supplied by the Customer, the Store can prevent access to the data. The Customer shall be held responsible for providing false data. The Customer has the right to review his/her personal data and to correct, modify, as well as request its deletion. Any information on the Products, available in the shop does not constitute an offer as defined by the CC, but only an invitation to enter into an agreement as defined by article 71 of the CC.
The Customer, when submitting an order to the Store, offers to enter into an agreement of sale concerning the ordered Products with the Seller. Each payment made by the Customer before the Seller sends a notification to confirm the order, constitutes a prepayment for the completion of the order. To place an order the Customer is obliged to make a choice concerning: the Products he/she wishes to order, method of delivery out of the ones available in the Store, and the payment method from those available in the Store.
Upon receiving the order, the Seller sends an email to the Customer confirming the order and containing all the significant elements of the order. It constitutes acceptance of the order for processing. This is understood as the moment of conclusion of the Agreement of sale.
Confirmation of the order takes place not earlier than the moment the selling price of the Product is credited to the bank account of the Seller, unless the Seller decides otherwise. In case the order cannot be completed, the Seller shall notify the Customer of this fact at the latest within 21 days from the day when the Customer received the confirmation referred to in clause 10 of the Terms and Conditions. Notification shall be sent to the email address specified by the Customer in the order form.
If the Customer has already made the payment, the Seller shall refund the money in the manner specified in clause 41 of the Terms and Conditions within 14 days following the date of sending the notification that the order cannot be completed. In the event that the order may be completed only partially, the Customer shall be informed about the status of the order in a form of an email sent to the email address specified in the order form. Having received the information, the Customer decides how to proceed, sending his/her response to the address specified in the email sent by the Seller.
At this point, the Customer has the following options: the order shall be completed partially – if the Customer selects this option, the order shall include only the Products which are available; the order shall be canceled. In the event that the Customer does not provide the Seller with any information on how to proceed with the order within 7 days after being notified of the status of the order, it is deemed that the Customer has canceled the order.
If the Customer has paid for the goods specified in the order, which was then canceled or completed partially as defined by clause 12 of the Terms and Conditions, the Seller shall refund the money to the Customer – respectively, in part or in full – in the manner specified in clause 41 hereof within 14 after the Customer made his/her choice based on the conditions specified in clause 12.1 and 12.2 of the Terms and Conditions, and when the choice has not been made by the Customer – within 14 days after the date, specified in clause 13 hereof, has passed.
If the seller has confirmed the order before the selling price of the Product has been credited to the bank account of the Seller, and the Customer shall not pay the selling price within 14 days after the day when it has been confirmed that the order has been accepted for processing, referred to in clause 10 hereof, the Seller may cancel the order, of which the Customer shall be informed via an email sent to the email address which he/she has provided. The Customer is not entitled to modify the order. The Customer is bound by the order for a period of 30 days.
If the Seller has not confirmed the order within the period specified in the preceding sentence, and in the manner stated in clause 10 of the Terms and Conditions, the Customer may withdraw the order. Order withdrawal is possible through completing the order withdrawal form, available on the Website, or by sending an order withdrawal notice in writing to the address of the Seller mentioned in clause 49 hereof. The order withdrawal is effective upon its delivery to the Seller.
IV. Information on Goods
All the prices of the Products in the Store:
- are expressed in Polish zlotys,
- include the goods and services tax (VAT),
- do not include information relating to any customs duties,
- include the cost of delivery within the Polish territory.
The Seller reserves the right to reduce the price of the Product which is specified in the order and order confirmation message. Such a change would be beneficial for the Customer and does not require the consent of the latter. Furthermore, the Seller reserves the right to carry out promotional activities, sales, etc. Terms of such activities are covered by separate terms and conditions. If the latter do not state otherwise, promotions cannot be combined with other special offers. The Customer does not incur any additional costs of delivery within the territory of the Republic of Poland.
V. Order Processing and Delivery
Every Product has an estimated Order Processing Time assigned to it. This is the time, measured in Business Days only, between placing the order by the Customer and the moment the Store hands the goods over to the carrier who handles the delivery. Orders are delivered only via the courier company chosen by the Seller. Estimated delivery time within the Polish territory, via a courier company is 2 business days. Note: Estimated delivery time does not include Order Processing Time.
If the delivery time via the courier company is longer than specified in the preceding sentence, it shall be indicated in the order form. Upon delivery of the package, the Customer should check the condition of the package in the presence of a courier or an employee of the postal operator. In the event that it is damaged or incomplete in any sort of way, the Customer shall inform a courier or an employee of the postal operator of this fact. Deliveries are made exclusively within the territory of the Republic of Poland.
Upon accepting the order on the tagmax.pl website, the Customer pays for the purchases made online, using an online debit card (Visa, Visa Electron, MasterCard, Maestro, MasterCard Electronic) on the tagmax.pl website, or via the eCard system in accordance with the terms and conditions specified by this operator on: www.ecard.pl,
VI. Payment Methods
To pay for the ordered Products and the delivery within the territory of the Republic of Poland, the Customer may choose from the following forms of remote payment: debit card, Online Wire Transfer, bank payment systems, payment applications, digital wallets. Order Processing Time begins on the day when the Seller has received the payment and accepted the order. The Seller does not make deliveries outside the territory of the Republic of Poland. In the case of certain Products, the Seller reserves the right to disable certain forms of payment for the order placed, of which the Customer shall be informed in the order form.
VII. Complaints and Return Policy
The Customer may report any complaints regarding the operations of the Store or the Products purchased in the following ways: using the contact form available on the Website; submit the complaint in writing to the address indicated in clause 49 hereof. In the complaint, the Customer should state his/her name, mailing address, nature and date of the alleged violation related to the operations of the Store, or defect of the Product. The Products may be under the warranty of the manufacturer or distributor. Detailed warranty conditions and its duration are included in the warranty card issued by the guarantor which is given to the Customer along with the Product. The warranty card may specify different rules in regard to submitting warranty claims compared to the ones to be found in the present Terms and Conditions.
If the Customer wishes to make a warranty claim, he/she is obliged to adhere to the procedure specified in the warranty card and other documents of the guarantor. The Seller is obliged to deliver the Product that is not defective. The Seller shall not be held responsible for the warranty in the case of the defect if the Customer had known about the defect of the Product at the time of entering into the agreement of sale with the Seller. The Seller shall promptly, not later than within 14 days after the day when the defective Product was delivered (not applicable to the situation when the complaint relates only to services), address the submitted complaint and inform the Customer of further proceedings.
The Store refunds the costs associated with returning the faulty goods via the Polish Post (using the paczka ekonomiczna/“economic parcel” option), after considering the complaint in accordance with the procedure described in the Refund Policy section. If the complaint relates to the Service only, the Seller is obliged to respond to the complaint immediately after receiving it, but not later than within 14 days after the date it is submitted.
Pursuant to the Act, the Customer who is a Consumer may withdraw in writing from the agreement without the need to provide a reason within 14 days after receiving the goods. In order to make a statement of withdrawal from the agreement, the Consumer may use the withdrawal form attached as Annex 1 to the Terms and Conditions and shall submit a statement of withdrawal from the agreement by sending the completed statement form to the address indicated in clause 49 hereof and return the Product to this address as well. The returned Products must be in their original condition and shall be returned unchanged, save when the change was necessary in the ordinary course of business.
The Consumer is liable for any decrease in value of the Product resulting from using it in a manner that goes beyond what is necessary to establish the nature, features, and functionality of the Product. The right of the Consumer to withdraw from the agreement does not apply in the following cases:
- when the Seller has provided the service in full with the explicit consent of the Consumer, who has been informed beforehand that upon provision of the service by the Seller, the Consumer loses the right of withdrawal;
- when the price of the Product or remuneration for it depends on fluctuations in the financial market over which the Seller has no control, and which may occur prior to the expiry of the deadline for withdrawal from the agreement;
- when the Product is a non-prefabricated product, manufactured according to the specifications of the Consumer or that serves to satisfy the Customer’s individual needs;
- when the Product is a perishable commodity or has a short use-by date;
- when the Product is an item that comes in a sealed package and because of it, if the packaging has been opened after delivery, may no longer be returned due to health or hygiene reasons;
- when the Product is an item that after delivery, due to its nature, is inextricably linked to other items;
- when the Product is an alcoholic beverage whose price has been agreed upon during the conclusion of the agreement of sale, whose delivery can only take place after 30 days, and whose value depends on fluctuations in the financial market, over which the Seller has no control;
- when the Product is a visual or sound recording or computer software, whose sealed package has been opened upon delivery;
- when the Product is a newspaper, periodical, or magazine, except for subscription agreement;
- Accommodation services, other than for residential purpose, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the date or period when the provision of the Service is to occur is specified in the agreement;
- when the Product has the form of Digital Content, which is not stored on a tangible medium, and if the provision of the service has begun with the explicit consent of the Consumer prior to the expiry of the withdrawal deadline and after the Consumer has been informed by the Seller of the loss of the right to withdraw from the agreement.
The Store shall refund the price of the returned Product within 14 (fourteen) days in accordance with the procedure described in the Refund Policy section. The Consumer bears the following costs related with the return of the Product to the Store:
- if the Consumer has chosen a different delivery method than the least expensive delivery method offered by the Store, the Seller is in no way obliged to reimburse the Consumer for any additional costs incurred;
- in each case, the Consumer bears the direct cost of returning the Product to the Store.
IX. Refund Policy
Unless otherwise provided by the Terms and Conditions or an applicable law, including mandatory provisions which are more favorable to the Consumer, the Seller shall refund the payment made by the Customer not later than within 14 days following the date on which the Seller has become obliged to accept the refund claim. If the Customer has made the payment using a debit card or an Online Wire Transfer, the Seller shall refund the payment using the same method of payment used by the Consumer.
In the case of payment by a Traditional Wire Transfer or when for reasons beyond the control of the Seller identification of the bank account from which the payment was made is impossible or excessively difficult, the amount shall remain at the disposal of the Seller until the Customer provides information on a bank account to which the refund may be transferred. If this is the case, notification shall be sent to the email address specified by the Customer in the order form, and with the prior consent of the Customer and solely on the basis of his/her instructions, the amount shall be transferred to the bank account indicated by the Customer in one of the following ways:
- the Customer specifies the bank account in an email sent from the email address indicated in the order form which is then confirmed in the phone conversation initiated by the Seller, who uses the telephone number which the Customer provided in the order form;
- for the sake of data security, the Customer appears in person with the bank account number at the registered office of the Seller after having scheduled an appointment via email or telephone.
The Seller reserves the right to verify the identity of the Customer submitting a refund claim in the event of doubt as to the identity of the Customer. The Seller shall not be held responsible for failure to refund the Customer or delay in doing so, if this is caused by failure on the part of the Customer to provide accurate and correct data needed to make a refund.
X. Final Provisions
The Store shall not be held responsible when email server administrators block sending messages to the email address specified by the Customer and in the event that email messages are deleted or blocked by the software installed on the Customer’s computer. The Seller shall not be held responsible for any errors in handling the order or other requests of the Customer, if this is caused by failure on the part of the Customer to provide accurate and correct data.
You can contact the Seller via email at: firstname.lastname@example.org; phone: +48506 659 313
; in writing at: FreeTiVi Sp. z o.o., ul. Antoniewska 1d, 02-977 Warszawa; as far as other addresses herein are concerned, they may be used under the circumstances described by these Terms and Conditions. To all matters not settled herein, the provision of Polish law shall apply.
These Terms and Conditions are effective as of February 1, 2016, until revoked. The Store reserves the right to modify the Terms and Conditions. Any modifications to the Terms and Conditions come into force on a day specified by the Seller, not earlier than 7 days from the day of posting them on the Website. The order placed before the effective date of the modifications to these Terms and Conditions shall be completed in accordance with the provisions applicable on the day of placing the order.