Regulations for the users of E – Commerce Platform
1. The following regulations describe general terms and conditions of electronic services offered by Zitolo Ltd. based in Rotherham, Great Britain through e-commerce platform www.zitolo.com (referred to as “E-Commerce Platform”).
1. Delivery – an actual activity of delivering an item described in an order to the user by the seller via a deliverer.
2. Deliverer – a subject cooperating with the seller in order to carry out the delivery of the sold item.
3. Password – a combination of letters, numbers or other signs chosen by the user during the process of registering with the E-Commerce Platform which is used in order to secure access to the E-Commerce Platform user account.
4. Consumer – refers to a person who takes part in a legally binding activity not connected with their business or professional activity.
5. User account – is an individual panel for every user, set up for their benefit by the contractor after the user has registered.
6. Login – is an individual user’s sign, which is set up by the user and which consists of a combination of letters, numbers and other signs. It is required together with the password to log in to the E-Commerce Platform.
7. Entrepreneur – an individual, legal entity or an organizational unit with legal rights to set up a business.
8. Regulations – refers to the following E-Commerce regulations document.
9. Registration – refers to an actual activity carried out according to the Regulations, which is required of the user in order to use all the functions of the E-Commerce Platform as part of the user account.
10. Seller – a user with a user account who sells items through the E-Commerce Platform.
11. E-Commerce Platform website – means the website on which the service provider runs the E-Commerce Platform, within the www.zitolo.com domain.
12. Commodity – a product presented by the seller through the E-Commerce Platform.
13. Service Provider – means Zitolo Ltd. Based in Rotherham, Great Britain (S63 5DB), Unit 4E, Enterprise Court, Farfield Park. Company registered at Companies House number: 09414885; email: firstname.lastname@example.org, who is also the owner of the E-Commerce Platform.
14. User – a person using the E-Commerce Platform for whom services are provided by the Service Provider.
§ 2 General Provisions and Use of the E-Commerce Platform
1. All rights to the E-Commerce Platform, including copyright, intellectual property rights to its name, internet domain, website as well as benchmarks, forms, logotypes belong to the Service Provider and they must be used only in accordance with the Regulations.
4. In order to set up a profile on the E-Commerce Platform it is necessary to have an internet email account.
5. It is prohibited for the user to distribute illegal content or to use the E-Commerce Platform, the E-Commerce website or the E-Commerce services in violation of the law, good practice, personal interest of others or against the business of the Service Provider.
6. The Service Provider declares that due to the public nature of the internet, using electronic services carries the danger of unauthorized people taking over and modifying users’ data. This is why the E-Commerce Platform users should use appropriate technical measures to minimize the aforementioned danger. Users should especially use appropriate anti virus software which will also protect their identity. The Service Provider will never ask its users to share their password.
7. It is forbidden to use the E-Commerce Platform in order to work against the business of interest of the Service Provider.
8. The Service Provider is not part of the transaction between the seller and buyer. The Service Provider provides only the technical possibility of presenting products on the website of the E-Commerce Platform.
§ 3 Registration
1. In order to set up an account, the user is required to register.
2. In order to register, the user should fill in a registration form which is available on the E-Commerce website and send the completed registration form electronically to the Service Provider. During the registration, the user sets up their individual password.
3. The user can also register through their Facebook, Google or Twitter account. Setting up a user account takes place through redirecting from the E-Commerce Platform website to the service website where the user registers by filling in the username and password which the user already has on the social network website. The username and password to the social network website is not stored by the Service Provider.
4. During filling in of the registration form, the user may familiarize themselves with the Regulations. Acceptance of the content is confirmed through ticking the appropriate box.
5. After sending a completed registration form, an email with the registration confirmation will be sent immediately to the user’s email account. This creates a formal agreement to provide electronic services and maintain the user account by the Service Provider and the user has access to their user account and services available as part of the user account.
§ 4 Services
1. Service Provider provides the following electronic services 24 hours/ day, 7days / week:
a) Contact Form
c) Servicing the User Account
d) Publishing content
2. The Service Provider reserves the right to choose and change the kind, form, time and way of giving permission to selected services, which will be communicated to the users through changes to the Regulations.
3. The Contact Form serves to contact the Service Provider by sending them a message via the contact form on the Service Provider’s website. In order to use this function, the user fills in the contact form on the website and sends the form with their message to the service provider by ticking a relevant option on the form.
4. The user can stop using the contact form service at any time by simply not sending the form to the Service Provider.
5. The newsletter service sends to the user’s email a message with information about new products or services available from the Service Provider. The newsletter is sent to all users who subscribed to the newsletter.
6. Every newsletter contains: information about the sender, completed “Subject” field which describes the content of the newsletter and information on how to quit the newsletter subscription.
7. The newsletter option is available to every user who enters their email address on the registration form. After sending a completed registration form, a registration confirmation email is sent immediately to the user’s email address given on the registration form. This confirms the newsletter subscription.
The user can also tick the required field during the registration in order to subscribe to the newsletter.
8.The user can unsubscribe from the newsletter at any time by activating a relevant field in the user account or by following the instructions sent in the newsletter.
9. The user account service is available after registration outlined in § 3.
10. The user can ask the service provider to remove their user account. The user account will be deleted by the service provider seven calendar days after receiving the request.
11. Content publishing service means that the service provider will enable the users to post comments. To use this service the user must fill in a form available on the E-Commerce website and send it to the Service Provider by ticking the relevant function on the form.
12. In order to forego this part of service, the user simply does not fill in this form.
13. The Service Provider reserves the right to block a user account and services in the event of the user causing harm to the Service Provider and its users, breaking the law or being in violation of the Service Regulations. The Service Provider can also block the user when the issue of security is at stake especially when the security system is in danger of being broken or if there is a danger of hacking the system. Blocking a user account and user access to the E-Commerce website will take as long as it is necessary in order to resolve the problem. The Service Provider will inform the user about blocking their account by sending an email to the email address provided on the registration form.
§ 5 Regulations on sale agreements
1. The E-Commerce Platform enables its users to make sale agreements where the object of the agreement is commodity.
2. Users can place orders on commodities 24hour/ day, 7 days/ week via the E-Commerce Platform.
3. In order to place an order via the E-Commerce Platform, the buyer must select the product by choosing the option “Add to basket” under each of the products presented on the website. In order to complete the order, the buyer must select the delivery option and the form of payment in their basket. The next step is to send the order form to the seller and click “Purchase and pay”. Every time before sending the order form to the sender, the user is informed about the total cost of the product and delivery as well as any other cost connected with the purchase.
4. After placing the order, the user will receive an order confirmation to the email address given on the registration form. At this point a sale contract between the seller and buyer is established.
5. The price applicable to the contract is the product price listed on the E-Commerce website at the time of the purchase.
6. The user can choose their preferred form of payment from among the following options as long as they are accepted by the seller:
a) Bank transfer through an external payment system “przelewy24.pl” serviced by DialCom24 LTD. based in Poznan.
b) Bank transfer through an external payment system: PayPal (Europe) S.A.R.L. & Cie, S.C.A. based in Luxemburg.
§ 6 Reporting unsatisfactory service
1. The user can make a complaint about the service. A complaint can be made electronically and sent to the Service Provider. In the complaint, the user must explain the nature of the complaint. The Service Provider has 14 working days to review the complaint and send their reply to the user’s email address given on the registration form.
§ 7 Foregoing the contract
1. The user, who is a consumer, can reserve the right to cancel using the service within 14 days without giving a reason.
2. The 14 day period starts at the moment of registration.
3. The user can step away from the contract electronically by filling in a form available on the website under: “Cancellation form” before the end of the cancellation period.
4. In the event of cancelling the services, the contract is treated as invalid.
§ 8 User’s responsibility regarding published content
1. By posting the content the user agrees to make it publically available. Published content does not represent the opinions of the Service Provider and it cannot be identified with the Service Provider. The Service Provider is not the author of the content but just an enabler through ensuring relevant technical resources.
2. The user confirms that:
a) The user is authorized to use the copyright.
b) The content which is published and shared as part of the services as mentioned in § 4 enactment 1, letter c above, personal information, images or the information of third party is made in accordance with the law and consent of the people who are concerned.
c) The user agrees to allow other users and the Service Provider to view the content published by them.
d) They agree to make changes to the content.
3. The user is not allowed to:
a) Publish or share personal information or images of other people without their legal consent.
b) Use the service to advertise other services and promotions as mentioned in § 4 enactment 1, letter c above.
4. The service provider takes responsibility for the content published by its users on condition of earlier notification as described in § 9 of the Regulations.
5. It is prohibited for the E-Commerce Platform users to use the website services defined in § 4 enactment 1, letter c, in order to publish and share content to the following:
a) Publish content in order to cause infringement of personal interests of others.
b) Breach rights of other people, including copyright and similar, breaching commercial rights, trade secrets or confidentiality rights.
c) Content that may cause offence or posing a threat to people, indecent content (containing offensive and vulgar language).
d) Content which clashes with the interest of the E-Commerce Platform
e) Content which breaches the regulations, indecent content, content which breaches the law or the social norms.
6. In the event of receiving notification according to § 9 of the Regulations, the service provider reserves the right to modify or delete content published by the user as part of using the service as mentioned in § 4 enactment 1, letter c, especially with reference to the content, which has been proven by third party reports or relevant authorities to breach the Regulations or the law. The service provider does not monitor he content on a daily basis.
7. The user agrees to allow the service provider to use content on the E-Commerce Platform published by the user free of charge as part of the service offered by the E-Commerce Platform, especially publishing the content on the E-Commerce website.
§ 9 Reporting rule violations
1. In the event of a user or an individual considering that content published on the E-Commerce website affects their rights, personal property, good name, feelings, morale, beliefs, rules of fair competition, know-how, trade secrets protected by law or obligation, the user should inform the Service Provider about a potential violation.
2. The service provider will undertake to do everything to remove the content causing the violation.
§ 10 Data Protection
1. The Service Provider is the administrator of the personal data shared by the users.
2. The Service Provider processes electronically personal data of its users in order to provide services to them or to fulfill obligations included in the Regulations. Personal information is processed only in accordance with the law and permissions given by the users.
3. Personal information given to the Service Provider is given voluntarily with the understanding that not giving certain personal information may result in the service not being able to register the new user on the platform.
4. Every user who shares their personal information with the Service Provider has the right to view and review it.
5. The Service Provider guarantees the removal of personal information from the platform, especially in the event of a cancellation of the user account. The Service Provider reserves the right to refuse to remove personal information of users who violate the law and when retaining the personal information is essential to explain the circumstances.
6. The Service Provider protects the information given by the users and will take all appropriate measures to ensure this information is kept secure.
§ 11 Terminating the contract
1. Both the user and the Service Provider have the right to terminate the service agreement at any time without giving a reason. However, they will maintain the rights acquired prior to terminating the contract if they terminate the service agreement according to the following provisions:
2. The user terminates the service agreement through sending their decision via any available means of delivery to the Service Provider to enable the Service Provider to familiarize with the user’s decision.
3. The Service Provider terminates the service contract by sending information about it to the user’s email address provided on the registration form.
§ 12 Final provisions and changes of the Regulations
1. The Service Provider is responsible for not completing the service or not completing it as it should be. However, in the event of a contract between the Service Provider and a user who acts as a company, the Service Provider is responsible only in the event of conscious harmful activity and only within actual incurred losses by the user who is also a company.
2. The following Regulations can be downloaded, printed or saved on portable memory at any time by the user.
3. In the event of a conflict concerning providing electronic services, the Service Provider will try to resolve it amicably. The law that will apply here in order to solve the conflict will be the Polish law.
4. Every user is entitled to seek resolution of their complaint out of court. They can use mediation as one of the ways to resolve their problem. The lists of active mediators are available from circular courts.
5. The Service Provider reserves the right to change the following Regulations. All contracts done before any new changes to the Regulations are based on the Regulations present on the day of binding the contract. Changes to the Regulations become valid after 7 days from the date of the new Regulations being published on the E-Commerce website. The Service Provider will inform its users about changes in Regulations 7 days in advance of the changes by sending an email and a link to the relevant changes in the Regulations. In the event of the user not accepting the changes, they are obliged to inform the Service Provider as soon as possible about this fact which will result in cancelling the contract as it is described in paragraph 1 of the Regulations.
6. The following Regulations will be active from 07.02.2015.