Terms & conditions

TERMS AND CONDITIONS FOR THE

WWW.GAMES2YOU.EU ONLINE SHOP

§ 1
GENERAL PROVISIONS

These Terms and Conditions shall govern all use of the games2you.eu online Shop by all Users.
The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Agreement for the Delivery of Digital Content, the course of the complaints procedure as well as the type and scope of electronic services rendered through the games2you.eu online Shop, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.
By using the Electronic Services available through the Shop located at games2you.eu, the User agrees to be legally bound and to abide by these Terms and Conditions.
To all matters not settled herein the following provisions of Polish law shall apply:
4.1. Act on Rendering Electronic Services of 18 July, 2002,
4.2. Consumer Rights Act of 30 May 2014,
4.3. Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016,
4.4. Provisions of the Civil Code Act of 23 April, 1964,
4.5. and all other applicable provisions of Polish law.

§ 2
DEFINITIONS FOR THESE TERMS AND CONDITIONS

TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
SHOP − shall mean the Service Provider’s online Shop located at games2you.eu.
ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service Provider via the Shop.
REGISTRATION FORM − shall refer to the electronic form available at games2you.eu required for Account registration.
ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an organised collection of digital content, including details for individual orders, stored on the Service Provider’s ICT-System.
ORDER FORM – shall refer to the electronic form available at games2you.eu, required for Order placement for Digital Content.
NEWSLETTER – an Electronic Service that allows the User to subscribe to and receive free information from the Service Provider to the e-mail address provided by the User.
SERVICE PROVIDER, SELLER – Michał Tomczak trading as MICHAŁ TOMCZAK POWER GAMES entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, place of business and address for service: Modrzewiowa 18, 07-410 Ostrołęka, Poland, tax identification number NIP: PL7582247296, statistical number REGON: 146815329, email address: support@games2you.eu, telephone number: +48 606856867
USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.
CUSTOMER – shall refer to a User who intends to conclude or has concluded an Agreement for the delivery of Digital Content with the Service Provider.
CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
ENTREPRENEUR – a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.
DIGITAL CONTENT – data generated and provided by the Service Provider in digital form, which is the subject of the Agreement for the delivery of Digital Content.
AGREEMENT FOR THE DELIVERY OF DIGITAL CONTENT – an agreement concluded between the Customer and the Service Provider via the Shop.
ORDER – shall refer to the Customer’s declaration of intent to enter into an Agreement for the delivery of Digital Content with the Seller.
PRICE – the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Digital Content.
DIGITAL ENVIRONMENT – computer hardware, software and network connections used by the Customer to access or use the Digital Content.
COMPATIBILITY – cooperation of the Digital Content with computer hardware or software that is usually used to use the same type of Digital Content, without the need to transform it.
FUNCTIONALITY – the ability of the Digital Content to perform its functions, taking into account its purpose.
INTEGRATION – connection of the Digital Content with elements of the Customer’s Digital Environment and its inclusion in these elements in order to ensure compliance with the Agreement for the delivery of Digital Content.
INTEROPERABILITY – the ability of the Digital Content to interact with computer hardware or software other than those normally used to use the same type of Digital Content.

§ 3
PRODUCT AND ORDER INFORMATION

The www.games2you.eu website sells Digital Content via the Internet.
The Digital Content offered on the Shop is Functional, Compatible and Interoperable with equipment that meets the technical requirements indicated in their description.
The information provided at games2you.eu does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Digital Content under the terms set forth in the Product description.
The Digital Content prices at games2you.eu are given in Polish zloty (PLN), Euro (EUR), and include all measurable costs, such as value added tax (VAT).
The Digital Content prices at games2you.eu only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
The Seller clearly informs the Customers about Unit Prices as well as promotions and reductions in Digital Content Prices. Next to the information about the discount of the Digital Content, the Seller shows the lowest Price of this Digital Content, which was in force in the period of 30 days before the introduction of the reduction, and if the Digital Content is offered for sale in a period shorter than 30 days – the Seller shows the lowest Price of the Digital Content, which was in force in the period from the date of offering this Digital Content for sale until the date of introduction of the discount.
Orders can be placed through the
7.1. website 24 hours a day, 365 days a year, by completing an Order Form at games2you.eu,
7.2. via e-mail address: support@games2you.eu
The Customer is obliged to register an Account in the Shop to place an Order.
Customers are required to read and accept these Terms and Conditions during Order placement.

§ 4
CONCLUDING AGREEMENT FOR THE DELIVERY OF DIGITAL CONTENT

In order to conclude an Agreement for the delivery of Digital Content, the Customer must place an Order, in accordance with the rules set forth under § 3 points 7 and 9 of the Terms and Conditions, by choosing one of the methods made available by the Seller.
The Order confirmation and acceptance is sent to the Customer via email.
The Order confirmation email shall include the following elements:
3.1. confirmation of all relevant Order details,
3.2. withdrawal from the agreement,
3.3. these Terms and Conditions containing information on the right of withdrawal,
3.4. confirmation of the Service Provider that the Consumer or the entity referred to in § 10 of the Terms and Conditions have lost the right to withdraw from the Agreement for the delivery of Digital Content, provided that the Consumer or the entity referred to in § 10 of the Terms and Conditions have agreed to the performance of the service before the deadline for withdrawal from the Agreement.
Upon receipt by the Customer of the e-mail referred to in point 3, the Agreement for the delivery of Digital Content between the Customer and the Service Provider is concluded.
Each Agreement for the delivery of Digital Content will be confirmed by a proof of purchase, which will be sent to the Customer’s e-mail address provided in the Order Form.

§ 5
METHODS OF PAYMENT

The Seller provides payment via the electronic payment systems (PayPal.com, PayU.pl, Zen.com).
In the case of payment via an electronic payment system, the Customer makes the payment before starting the execution of the Order. The electronic payment system allows you to make payments by credit card or quick transfer from selected Polish and/or foreign banks.
The Customer is obliged to pay the Price under the Agreement for the delivery of Digital Content within 10 minutes from the moment of placing the Order, unless the Agreement provides otherwise.
The Service Provider will provide the Customer with Digital Content immediately after the conclusion of the Agreement and its payment on the terms set out in the Terms and Conditions. The day of crediting the Service Provider’s bank account is considered the day of payment.

§ 6
DELIVERY OF DIGITAL SERVICE

Digital Content not saved on a tangible medium is delivered to the Customer after the expiry of the withdrawal period, unless the Customer has previously expressly consented to the delivery of Digital Content before the expiry of this period.
Subject to point 1 of this paragraph, the delivery of Digital Content takes place 24 hours after positive authorization of the transaction by the electronic payment system.
The Digital Content will be delivered via e-mail to the Customer’s e-mail address provided in the Order Form.

§ 7
COMPLAINTS PROCEDURE

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.
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.
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.
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.
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
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.
The Seller will respond to the Customer’s request immediately, no later than within 14 days of submitting the complaint.
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.
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).
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.
The response to the complaint is provided on paper or other durable medium, e.g. e-mail or SMS.
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.
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.

§ 8
RIGHT TO WITHDRAW

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.
In the case of withdrawal from a Agreement for the delivery of Digital Content, the agreement is considered null and void.
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.
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.
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.

§ 9
TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)

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.
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.
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.
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.

§ 10
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

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.
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.
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.
Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional protection provided to Consumers by President of UOKiK.

§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider grants access to the following Electronic Services:
1.1. concluding Agreement for the delivery of Digital Content,
1.2. Account,
1.3. Newsletter.
These Terms and Conditions shall apply to all Electronic Services provided through games2you.eu
The Service Provider reserves the right to display advertising content at games2you.eu Advertisements are an integral part of the online Service front and the materials presented therein.

§ 12
CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS

The Electronic Services set forth under § 11 point 1 of these Terms and Conditions are free of charge.
Term of the agreement:
2.1. Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
2.2. Electronic Services Agreements for Account management are concluded for an indefinite period of time.
2.3. Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.
End-user hardware, network and software requirements for the ICT system used by the Service Provider:
3.1. a computer (or a mobile device) with an active Internet connection,
3.2. access to email account,
3.3. Internet browser,
3.4. enabling cookies and Javascript in the Internet browser.
The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
The User is obliged to provide accurate and complete information to the Service Provider.
The User is prohibited from providing any unlawful or illegal content.

§ 13
COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES

Complaints about Electronic Services provided via games2you.eu should be submitted via email to support@games2you.eu
All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.

§ 14
CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS

Terminating an Electronic Services Agreement:
1.1. Continuing and indefinite-term Electronic Services Agreements (e.g. Account, Newsletter) may be terminated,
1.2. The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: support@games2you.eu or by deleting the Account,
1.3. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature if the User violates the Terms and Conditions, in particular when he provides illegal content after an ineffective prior request to stop the violations and set an appropriate deadline. In such a case, the contract expires after 7 days from the date of submission of the declaration of will to terminate it (notice period),
1.4. The notice of termination leads to a cessation of legal relations with the effect for the future.
Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.

§ 15
INTELLECTUAL PROPERTY

The compilation of all content at games2you.eu (with the stipulation of § 15 point 3 of this Terms and Conditions as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of Michał Tomczak trading as MICHAŁ TOMCZAK POWER GAMES entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, place of business and address for service: Modrzewiowa 18, 07-410 Ostrołęka, Poland, tax identification number NIP: PL7582247296, statistical number REGON: 146815329. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at games2you.eu without the consent of the Service Provider.
Any use or reproduction of the content of the website located at games2you.eu or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
All trade names, Product names, company names and their logos used on the Service website at games2you.eu belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Service website at games2you.eu are used for informational purposes.

§ 16
FINAL PROVISIONS

Agreements concluded through the Service are construed in accordance with the laws of Poland.
Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
Any disputes between the Service and Consumers arising out of or in connection with an Agreement for the delivery of Digital Content shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this paragraph.
Judicial dispute settlement procedures:
4.1. Any disputes arising between the Service Provider and the consumer User (Customer) or the entity referred to in § 10 of the Terms and Conditions, shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964,
4.2. Any disputes arising between the Service Provider and the non-consumer User (Customer) shall be settled by the court having jurisdiction over the Service Provider’s registered office.
Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.