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Terms and Conditions
 
 

§ 1 Definitions

Terms used in the Statue mean:
  1. The Contractor - Administrator of Service Cupsell.pl,
  2. User - a person, who is 18 years old and has full legal capacity, legal persons and organization units without legal personality, but which may acquire rights and incur obligations on their own name. Users may be persons, who are at least 13 years old, but as they are younger than 18, they can not acquire rights and incur obligations in accordance with the provisions of applicable law,
  3. Login - a unique User name,
  4. Store - the site founded by the User through the platform Cupsell.pl for selling Assortment with using graphic patterns and verbal-graphic patterns, posted on the platform by the User,
  5. Account - the site in the platform conducted for the User by Cupsell.pl under the User Login, which is a collection of resources that the User data and information about User activities are gathered,
  6. Assortment - all products available in the Generator and the platform Cupsell.com for the User without an Account, or after creating an ordinary Account and logging, owned by the Contractor,
  7. Commission - the funds collected by the User within the platform Cupsell.com, charged in exchange for the operations specified in the regulations,
  8. Generator - the application, which allows to place graphics on the products.
 
 

§ 2 General Provisions

  1. The present Rules have been settled on the basis of the laws applicable in the territory of the Republic of Poland. The Statute, together with the law regulations, on an exclusive and exhaustive way, regulates issues concerning the use of the Website Cupsell.com available online at http://cupsell.com.
  2. The Statute defines in particular:
    1. the types and range of services provided electronically,
    2. conditions for the provision of electronic services, including:
      1. the technical requirements necessary to support the ICT system, which is used by the service provider,
      2. interdict on the illegal content delivered by the User,
    3. conditions for concluding and terminating contracts for provision of electronic services,
    4. complaints procedure.
  3. The Personal Data Administrator is CupSell limited liability company, ul. Smoluchowskiego 3, 60-179 Poznań, registered in the District Court Nowe miasto i Wilda, VIII Commercial Division of the National Court Register under number 0000513284 registered in the District Court Poznań Nowe Miasto and Wilda, e-mail: biuro@cupsell.pl.
  4. The Contractor provides services electronically in accordance with these rules and the law on electronic services.
 
 

§ 3 Types and scope of services provided electronically

  1. The following services are provided:
    1. Platform Users can create stores,
    2. Users can Place graphic patterns and verbal-graphic patterns. These patterns are on the Assortment and offered for sale on the Website,
    3. Concluding sale contracts by the Users of products available in their own Stores and other Users’ Stores,
    4. Using any applications available in the website of Cupsell.pl.
  2. On the basis of terms of § 9, the User issuing his own shop, participates in the profits from the sale of products available in his own store.
 
 

§ 4 Conditions of concluding and terminating contracts for provision of electronic services

  1. Access to the Platform without Registration is tantamount to signing a contract for the provision of electronic services under the conditions specified in this Statute.
  2. The contract for the provision of electronic services is concluded for an indefinite period.
  3. The condition for the provision of services specified in the Statute is to read and accept all the provisions in this Statute.
  4. Registration is voluntary. However, the use of certain services provided by the platform is possible only after registration.
  5. For Registration, the User needs to complete a registration form at http://cupsell.pl/rejestracja by providing the following information:
    1. Login,
    2. E-mail address,
    3. User Account password. Provide other information is optional, but may be required to provide certain services on the Platform.
    4. The Contractor may change the registration process or use of the website into conditional by authenticating the User data that is specified during registration.
  6. Conclusion of an agreement for the provision of electronic services is tantamount to submitting statements of the following content:
    1. mitting statements of the following content: I join the use of the Service voluntarily,
    2. I fulfill the conditions of the Regulations to become a User,
    3. Data contained in the registration form are true and do not infringe the rights of third parties,
    4. I agree with conclusion of an electronic services agreeement,
    5. I agree with the authorization of the Contractor in terms of processing, gathering, recording, storing, preparing, sharing and deleting personal information to the extent necessary to provide electronic services, as specified in these Rules.
  7. Unregistered User may terminate the agreement for the provision of electronic services at any time with immediate effect.
  8. Registered User may any time terminate the agreement for the provision of electronic services. The Statement of terminating the agreement by the registered User should be submitted via e-mail that is previously specified in the User Account. Declaration of the agreement’s termination date is the date on which the User of receives the e-mail containing the declaration of termination the agreement.
  9. The Contractor may immediately terminate the contract for the provision of electronic services in relation to a registered user when:
    1. The User, in the case of a change, does not update the data required for registration on the Platform immediately,
    2. The User shares illegal content in the Platform,
    3. The user transmit junk mail,
    4. The user in flagrant or persistent breach, breaks the provisions of the Regulations or takes action contrary to the objectives and purpose of the Webside,
    5. The user has not used his account for at least 60 days.
  10. Termination of the agreement Statement for the provision of electronic services, which are submitted by the Contractor, will be sent to the email of the User account.
  11. The Termination of the agreement by either party, as well as its dissolution by mutual approval is tantamount to blocking the access to the User Account and its removal.
 
 

§ 5 Technical Requirements

  1. In order to use the services provided under these Rules and Conditions, the User should have:
    1. A browser (can be any of them),
    2. A valid e-mail address.
 
 

§ 6 Prohibition on providing by the User illegal content

  1. Is prohibited, placing on the Website by the User illegal content, in particular:
    1. infracting the regulations of applicable law,
    2. infracting the rights of third parties,
    3. offensive to the feelings of others, including the religious feelings, content of violence or materials on racist or Nazi content,
    4. generally considered as vulgar and offensive,
    5. harassing or infracting the good name of others,
    6. containing the image of of third parties, who did not agree to distribute their image,
    7. patterns, which do not have copyrights.
 
 

§ 7 Stores

  1. Create Store, referred to the § 3 point 1 a) consist in giving by the User the own unique name, and the full name of the Store is composed of two parts, the name given by the User and ending .cupsell.com.
  2. Each new Store automatically has the public status (visible on the list of Stores) and it will appear under the condition, that in the Store Assortment, will be at least one product. Store Status can be changed to private, which is not visible (on the list of Stores). Changes can be made after logging in "Your stores."
  3. Registered User can create on the Platform three different shops. If after creating three shops, there is a need for having more, the User may ask for a higher limit of shops at: biuro@cupsell.pl. The Contractor can refuse to give a higher limit.
  4. Each Store can have the Logo, set by the User, displayed on the Store webside, and the Icon displayed on the list of Cupsell.com. Stores. The Logo, as well as Icon, are not mandatory.
  5. In the Store, may post any Store description providing that, there it complies with the Rules and laws generally applicable.
  6. It is necessary to select by the User at least one category, under which the Store will be displayed on the Platform in the list of Stores.
  7. The own design is created by selecting among available assortment in the Generator, uploading own graphic patterns, or word-graphic patterns on a given product, give it a name and determining the price, offered for sale in the User’s Store, by adding to the base price assortment, the own margin. The Contractor will not interfere with the amount of the margin. The Contractor, with the decided consent of the User reserves the right to change the price of the base of the important reasons, in particular the changes on side of of the manufacturer. Such a change has an impact on the final price of the product, but there is no impact on margins.
  8. The Store without products can be removed by the Contractor after 30 days of its creating. In this case, the address of the Store is no longer assigned to the User and is transferred to the general pool for use by other Users of the Platform.
  9. The Contractor may remove the User’s store infringing the provisions of § 6 of this Regulation.
  10. Prices of products posted by Users include value added tax (VAT).
 
 

§ 8 Products and Orders

  1. Orders are made on the products of different companies (details are given in the section "Assortment"), the choice of a company depends on the Contractor.
  2. The Contractor undertakes to choose products on the basis of due diligence, according to the best possible quality. The Platform reserves the right to change manufacturers and products for important reasons, in particular the cessation of production by the existing partners or impossibility of obtaining the products ordered from them for reasons beyond the control of the Contractor. In this case, the Contractor shall inforn the Members by the Information on the Website.
  3. The finished product (the product with printed pattern) may be different from the preview, both, the size and location of printing may vary. Product’s projects on the Platform are only demonstrative and the Platform does not guarantee a perfect reproduction on the original (the reason may be limited technical capabilities, the differences in the preview, the differences between the proportions and the resolution of individual computer screens, as well as the differences between a flat image and the real one). However, the Contractor will care, in order to finished products to be as close as possible to the illustrative.
  4. Prints, and in particular their colors may vary from the preview, differences may be due to technical limitations in the process of printing (print CMYK) and colors’s settings of Users screens. The Contractor will make every effort to both, print and color were as close as possible to the preview version, and in unusual situations when there are problems with define - color exponent on the production will be primary colors.
  5. The moment of signing the sale contract is a transfer by CupSell.com of an order to execution (status: "Processing").
  6. The User by placing an order on the Platform, agrees to provide purchase proof in the form of invoice (PDF file sent to the given e-mail address).
  7. The User is responsible on the basis of risk for the ordered product.
  8. Consolidation, protection and sharing order data andthe General Conditions (Rules of sale) occurs via e-mail. Here, it is always possible refer to the General Conditions (Rules of sales). The User can see past orders in the account, after login.
 
 

§ 9 Terms of payment and service by Stores

  1. The Contractor accepts the following forms of payment:
    1. cash on delivery,
    2. payment through PayPal by using a credit cards,
    3. payment through PayU by using a debit cards and electronic transfers.
  2. Payment should be made within 7 days of placing an order, or on reception, if this form of payment was chosen by the User.
  3. Asortment is prepared by the Contractor within two working days after ordering.
  4. During the order, the User selects delivery form from among available on the Store. The following delivery forms are available:
    1. DPD courier - delivery in about 24 hours from the time of dispatch on working days,
    2. through the In Post Parcel Lockers - delivery in about 24 hours from the time of dispatch on working days,
    3. through the Polish Post - delivery in about two working days.
  5. Price of the chosen delivery method is not included in the Assortment price. It depends on the chosen method of delivery and the country of delivery. The price for every possible delivery option is displayed at the time of ordering by the User on the Store webside.
  6. For orders over 80 zloty and a prior payment in advance, delivery is free (refers only to delivery within the borders of Poland).
  7. Any possible curtailments on orders may be due to a temporary Assortment lack, or a very large number of orders. The Provider reserves the right to extend the term of the contract to 10 days.
  8. In the case of the permanent absence of the Assortment (lasting longer than 10 days), the User may order another item for the equivalent of the original order or request a refund.
 
 

§ 10 Point system and the emolument for licensing

  1. Any product’s sale in the User Store's causes points calculationon for him, the number of which depends on the value of sales. Each zloty spended in the User's Store causes giving 1 point for him.
  2. For these points, the User, can purchase products offered by other Platform’s Users in their Cupsell Stores. Users are obliged to honor the points awarded to other Users. Sales of products in exchange for points, causes charge for him the same number of points.
  3. It is permitted to offer free points in the other websites in competitions organized by the User.
  4. After overspending 200 points in the month, the User get right to cash handout for the transfer to the Contractor the right to use graphics and word- graphics creations, placed on the products offered by the platform Cupsell.pl (granting a license). If in a given month the User was not able to collect more than 200 points, collected points are transferred to the next month.
  5. Condition for cash handout for granting a license is the total fulfillment of the following conditions:
    1. correct fill in data to payment in the bookmark "Your Data", (adress http://cupsell.pl/konto/bank),
    2. choose the type of settlement (whether natural person or a company) in the bookmar Account (settlement),
    3. submission in the computer system Cupsell.pl, declaration of transfer to the Contractor, rights to use graphics and word-graphics creations, placed on any of the products offered by him on the website,
    4. correct make out invoices by the User, and provide it to the Contractor’s postal address,
    5. submission by the User a cash handout.
  6. Deadline for payment of the first emolument is 14 days from the date of make out invoices or within 14 days from the submission of payment disposal.
  7. Emolumen, in the case of the User, who is a natural person not operating a business, will be reduced by an advance on income tax, charged in accordance with applicable regulations.
  8. Emolumen will be paid only to the bank account, specified by the User in the bookmark "Your Data".
  9. In the case of doubting by the Contractor to the validity of payment of a fee, he may abstain from its realization and ask the User to give an explanation within 14 days. No response within the above period shall be deemed for revocation by the User emolumen payment request.
 
 

§ 11 Returns policy and the rights and obligations of the parties

  1. Any action taken by the User in the Platform shall be in accordance with applicable law and morality.
  2. The User can have more than one account in the Platform cupsell.pl, provided that it does not breach the rules, as well as the rights of third parties.
  3. The User may not use the accounts of other Users and share their account with others.
  4. The User, who is a natural person and who has concluded an agreement to sell a product within the Platform, for purposes not directly related to his business or profession, may walk out on it without giving reasons, by making a writing statement within 14 days from the date of receipt the product. To comply this deadline it is enough to send a statement before the end of this period on address: CUPSELL limited liability company, with its registered office at ul. Smoluchowskiego 3, 60-179, Poznań.
  5. In the case of waiver from an agreement in accordance with paragraph 4 , the agreement shall be considered as concluded, and the User is released from any obligations. What the parties testify, shall be returned unchanged, unless the change was necessary in the ordinary course of business. Reimbursement shall be made immediately, not later than in fourteen days.The costs of the product return purchased by the User, are charged to the User, unless the withdraw from an agreement was not caused by the fact, even if temporary inability of the Contractor to provide the properties ordered by the User.
  6. If the product is not concurring with the contract, the User, referred in point 4 may require bringing it into the condition conformity with the contract for free repair or exchange for a new one, unless the repair or replacement are impossible or require excessive costs. If the User may not require repair or replacement, or if the seller fails to satisfy such a request in a timely manner, or if the repair or replacement would cause significant inconvenience to the User, he has the right to demand an appropriate price reduction or withdraw from the contract; the contract can not be terminated when the non-compliance of the product with the contract is immaterial.
  7. If the sold product has flaws, the User, who made the purchase in the course on their own behalf trade or business, may walk out on the contract or demand a price reduction. However, the User cen not walk out on the contract if the Contractor immediately replaces the defective thing for the thing free from defects or immediately removes defects. This limitation does not apply if the item has already been replaced or repaired by the Contractor, unless the defects are immaterial.
  8. In the case of walking out on the contract by the User, the Contractor returns to him only the lowest delivery cost. Costs, directly associated with the return of products, after the declaration of walking out on the contract, shall be bear by the consumer.
  9. Right of walking out of the Contract does not apply in the case of the preparation by the User the individual design in the Generator.
 
 

§ 12 Intellectual Property Rights

  1. The User by placing in the Store the Assortment with a graphic patterns and verbal-graphic patterns, declares that:
    1. he owns copyrights in the form of graphic or graphic-verbal patterns, that he posted on the platform cupsell.pl or obtained from eligible persons required consents to their dissemination and to grant further licenses.
    2. graphic or graphic-verbal designs placed by the User on the platform cupsell.pl are his own creative activity and the creation within the meaning of the Act of 4 February 1994 about the copyright and related rights according to Polish law.
    3. graphic or graphic-verbal designs placed by the User on the platform cupsell.com do not infract the rights of third parties.
  2. User by posting in the store assortment with a graphic and graphic-verbal patterns provides to the Contractor non-exclusive, unrestricted territorial rights to use the graphic and graphic-verbal creations, posted on any of the products offered by him on the platform cupsell.pl (license) to the following fields of exploitation:
    1. in the range of recording and reproduction - the production of the creation’s copies by the specified technique, including printing, reprographic, magnetic recording and digital technology,
    2. in the range of turnover of the original or copies, on which the creation was recorded - implementation, lending or rental of the original or copies,
    3. in the range of creation dissemination in a manner different from that specifided at point "b" above- public production, exhibition, displaying, broadcasting and rebroadcasting, and the public sharing in such a way, that everyone can have access to it in time and place chosen by them.
  3. The license specifided in the point 2 above, shall be granted for an unlimited period and shall expire in the moment of the removal of the User’s account on the platform cupsell.pl. The rules of the calculation and payment of a fee for giving the license by the User to the Contractor, regulate the resolutions § 10 of these Regulations. The authorial Copyrights to Cupsell.com graphic elements, including the logo "cupsell", as well as the layout and composition of these elements (so-called the layout) and industrial property rights, including the rights of trademark registration and protection rights for trademarks contained in the Contractor is entitled. It is forbidden to use graphics and their layout and composition, as well as signs covered by the Service Provider's rights except as expressly provided for in the Rules or with the consent of the Service Provider. Administrator is not responsible for submitting the User’s statements referred to in § 11. 1 untrue.
 
 

§ 13 Liability

  1. The Contractor shall make all efforts to ensure the proper functioning of the Platform in terms of technical, formal and legal.
  2. In the case of a third party claims with regard to the unlawful infringement of its rights by the User, it is required to take all factual and legal actions necessary to remove the effects of violations.
 
 

§ 14 Protection of personal data

  1. Given by the Users personal data, CupSell limited liability company with its headquarter at Smoluchowskiego 3, 60-179 Poznań, registered in the District Court Nowe Miasto i Wilda, VIII Commercial Division of the National Court Register under number 0000513284, collects and processes in accordance with applicable law and in accordance with the privacy policy set out in Annex 1 to the Regulations. (Privacy Policy)
  2. Personal data of the Users is reveal to other Users only in the cases foreseen in the Rules and in other justified cases, with the prior permission of the person to whom the data relates.
 
 

§ 15 Complaint Procedure

  1. Complaints of irregularities in the provision of services under the Regulations may be submitted:
    1. via e-mail to: biuro@cupsell.pl,
    2. via postal mail to the following address: ul. Smoluchowskiego 3, 60-179, Poznań.
  2. Each complaint must contain at least the Login or the order number and description of the objections.
  3. The complaint should be examined within 14 days of receipt. The answer to the complaint is sent to the e-mail address associated with the account of the User.
 
 

§ 16 Final Provisions

  1. The Contractor reserves the right to change the Regulations, in particular in the case of:
    1. technological or organizational changes in the operation of the service.
    2. the need to adapt the operation of the service and of the rules to the new law.
  2. About the intention of changing the Rules, the Contractor shall notify the User by sending the contents of the new Rules to the User e-mail address.
  3. The Change of the regulation comes into force after 14 days from the date of publication of information about this change.
  4. If the Contractor receives from the User, before the expiry of the period referred to in paragraph 3, the written statement of rejection of the new Regulations, the contract shall be terminated with immediate effect.
  5. The law applicable to the contract between the User and the Contractor, is the Polish law.
  6. Any disputes relating to the services provided by the Contractor in the platform Cupsell.pl will be settled by the competent Courts of General Jurisdiction.
  7. In case of disputes related to the services provided by the Contractor on the platform Cupsell.pl in which a party will be an entrepreneur within the meaning of the Act on freedom of economic activity, the adequate court will be the court, which considers the seat of the Contractor.

Appendix No. 1 to the Terms and Conditions ( Privacy Policy )