Complaints and returns

§ 1
COMPLAINTS PROCEDURE

1. The basis and scope of the Seller’s liability towards the Customer who is an entity referred to in § 10 of the Terms and Conditions for the non-compliance of the Digital Content with the contract are specified in the Act on Consumer Rights of May 30, 2014.
2. The basis and scope of the Seller’s liability towards the Customer who is an Entrepreneur, referred to in § 9, under the warranty are specified in the Civil Code Act of April 23, 1964.
3. The Service Provider is liable to the Customer who is the entity referred to in § 10 of the Terms and Conditions for the lack of compliance of the Digital Content with the Agreement if the Digital Content is provided to the Customer continuously – throughout the duration of the Agreement or in the event that the Digital Content is delivered in a one-time manner or in parts – the Service Provider is responsible for the lack of compliance with the contract existing at the time of delivery of the Digital Content and revealed within 2 years from that moment.
4. The Customer is obliged to cooperate with the Service Provider in order to determine whether the lack of compliance of the Digital Content with the Agreement results from the characteristics of the Customer’s Digital Environment.
5. Notification of non-compliance of the Digital Content with the Agreement and the submission of a relevant request can be made via e-mail to the following address: support@games2you.eu
6. In the above e-mail message, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Service Provider.
7. The Seller will respond to the Customer’s request immediately, no later than within 14 days of submitting the complaint.
8. In the case of a complaint from a Customer who is an entity referred to in § 10 of the Terms and Conditions – failure to consider the complaint within 14 days of its submission is tantamount to its consideration.
9. The Customer who is the entity referred to in § 10 of the Terms and Conditions may first demand that the Digital Content be brought into compliance with the Agreement. The Customer may request a price reduction and withdrawal from the contract only in the cases specified in the Act on Consumer Rights of May 30, 2014 (e.g. when the non-compliance of the Digital Content with the contract is significant, when the Service Provider refused to bring the Digital Content into compliance with the contract or in the event that the lack of compliance of the Digital Content persists despite the fact that the Service Provider has tried to bring the Digital Content into compliance with the contract).
10. In connection with a justified complaint of an entity referred to in § 10 of the Terms and Conditions, the Seller, respectively:
    10.1. brings the Digital Content into compliance with the Agreement at its own expense,
    10.2. reduces the Price of the Digital Content (the reduced Price must remain in the proportion of the Price of the Digital Content in accordance with the contract to the Digital Content that is not in accordance with the contract, and additionally, if the Digital Content is delivered in parts or continuously – take into account the time when the Digital Content was inconsistent with the Agreement) and returns the value of the reduced price to the entity referred to in § 10 at the latest within 14 days of receiving the authorized statement on the price reduction from the entity referred to in § 10,
    10.3. in the case of an authorized withdrawal from the contract by the entity referred to in § 10 – the Service Provider returns the Digital Content Price to him within 14 days at the latest. In the event of withdrawal from the contract, the entity referred to in § 10 is obliged to immediately stop using the Digital Content.
11. The response to the complaint is provided on paper or other durable medium, e.g. e-mail or SMS.
12. The Seller is not entitled to demand payment for the time in which the Digital Content was inconsistent with the Agreement, even if the Customer actually used it before withdrawing from the Agreement.
13. The Seller is obliged to return the Price only in the part corresponding to the Digital Content that is inconsistent with the contract and the Digital Content, the obligation to deliver which dropped as a result of withdrawal from the contract.

§ 2
RIGHT TO WITHDRAW

1. With the reservation of point 4 of this paragraph the entity referred to in § 10 of these Terms and Conditions, have the right to withdraw from a distance agreement within 14 days.
2. In the case of withdrawal from a Agreement for the delivery of Digital Content, the agreement is considered null and void.
3. The “cooling-off” period expires 14 days after the day the entity referred to in § 10 of these Terms and Conditions, may withdraw:
   3.1. for a contract under which the Service Provider issues the product being obliged to transfer its ownership – from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party indicated by them other than the carrier) took possession of the product,
   3.2. for a contract that covers many products that are delivered separately, in batches or in parts – from taking possession of the last product, its batch or part,
   3.3. for a contract involving regular delivery of a product for a definite period of time – from taking possession of the first of the goods,
   3.4. for other contracts – from the date of conclusion of the contract.
4. The right to withdraw from a distance contract is not entitled to the entity referred to in § 10 of the Terms and Conditions in the case of:
   4.1. in which the subject of the service is non-prefabricated goods, manufactured according to the consumer’s specifications or serving to meet his individual needs,
   4.2. in which the subject of the service are goods which, after delivery, due to their nature, are inseparably connected with other things,
   4.3. contracts for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur he would lose the right to withdraw from the contract and acknowledged this,
   4.4. 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,
   4.5. contracts for the supply of Digital Content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur has started the service with the express and prior consent of the Consumer, who was informed before the performance that he will lose the right to withdraw from the contract before the service is provided by the entrepreneur and took note of it.
5. The right to withdraw from the Agreement is vested in both the Service Provider and the Customer in the event of failure by the other party to the agreement to fulfill its obligation within a strictly specified period.

§ 3
TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)

1. This paragraph contains provisions only for entrepreneurs not covered by protection under the Act on Consumer Rights, referred to in § 10 of the Terms and Conditions.
2. The Seller reserves the right to cancel a non-consumer Sales Agreement within 14 working days of the date of the Agreement being concluded without giving any reason and without incurring any liability towards the business Customer.
3. The Seller may limit the scope of payment methods made available to the business Customer regardless of the payment method chosen by the business Customer and the fact that the Sales Agreement has been concluded. The Seller may demand full or partial payment in advance.
4. The Service Provider may terminate the Electronic Services Agreement with immediate effect and without giving any reason by sending a notice of termination to the non-consumer User.

§ 4
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

1. An Entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Act on Consumer Rights, provided that the contract he concludes with the Seller is directly related to his business activity, but the content of this contract shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity.
2. A person conducting business activity, referred to in item 1 of this paragraph, is protected only in the scope of:
   2.1. prohibited contractual provisions – the so-called abusive clauses,
   2.2. liability for non-compliance of the Digital Content with the contract,
   2.3. the right to withdraw from a distance contract,
   2.4. rules for a contract for the supply of Digital Content or a digital service.
3. The entrepreneur referred to in item 1 of this paragraph loses his consumer protection rights in the event that the Sales Agreement he has concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur’s entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.
4. Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional protection provided to Consumers by President of UOKiK.