RULES OF THE ONLINE STORE
1 GENERAL PROVISIONS
- The star-net.pl store operates under the rules specified in this Regulations.
- The Regulations define the conditions for concluding and terminating Agreements for the provision of Digital Services, the procedure for handling complaints, as well as the types and scope of services provided electronically by the star-net.pl Store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of services electronically.
- Each Service Recipient, upon taking actions aimed at using the Electronic Services of the www.star-net.pl Store, is obliged to comply with the provisions of this Regulations.
- In matters not regulated in this Regulations, the provisions apply:
4.1. the Consumer Rights Act of May 30, 2014,
4.2. the Act on the provision of electronic services of July 18, 2002,
4.3. the Act on out-of-court resolution of consumer disputes of September 23, 2016,
4.4. the Civil Code Act of April 23, 1964
4.5. and other relevant provisions of Polish law.
2 DEFINITIONS INCLUDED IN THE REGULATIONS
REGULATIONS - this regulation of the Store.
STORE - Online store of the Service Provider operating at www.star-net.pl
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient through the Store.
REGISTRATION FORM - a form available on the website www.star-net.pl enabling the creation of an Account.
ACCOUNT - identified by an individual name (login) and password, a set of resources in the teleinformatics system of the Service Provider, where the Service Recipient's data is stored, including information about placed Orders.
ORDER FORM - a form available on the website www.star-net.pl enabling the placement of an Order.
SELLER, SERVICE PROVIDER - Jacek Janusz Starzycki conducting business under the name Star-Net Jacek Starzycki entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister competent for economy, place of business and address for deliveries: ul. Łukowska 46/61, 04-133 Warsaw, NIP: 6791282830, REGON: 141968413, e-mail address:
SERVICE RECIPIENT - a natural person, legal person or organizational unit without legal personality, to whom the law grants legal capacity using the Electronic Service.
CUSTOMER - Service Recipient who intends to conclude or has concluded an Agreement for the provision of Digital Services with the Seller.
CONSUMER - a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.
ENTREPRENEUR - a natural person, legal person, and organizational unit not being a legal person, to whom the law grants legal capacity, conducting business or professional activity on their own behalf.
DIGITAL SERVICE - a service allowing the Customer to create, process, store, or access data in digital form, sharing data in digital form, which have been sent or created by the Customer or other users of this service, and other forms of interaction using data in digital form.
AGREEMENT FOR THE PROVISION OF DIGITAL SERVICES - an agreement concluded between the Customer and the Seller through the Store, the subject of which is the Digital Service.
ORDER - the Customer's declaration of intent constituting an offer to conclude an Agreement for the provision of Digital Services with the Seller.
PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Digital Service.
DIGITAL ENVIRONMENT - computer hardware, software, and network connections used by the Customer to access or use the Digital Service.
COMPATIBILITY - the cooperation of the Digital Service with computer hardware or software that is typically used to use the same type of Digital Service without the need for transformation.
FUNCTIONALITY - the ability of the Digital Service to perform its functions considering its purpose.
INTEGRATION - the connection of the Digital Service with elements of the Customer's Digital Environment and its inclusion in these elements to ensure compliance with the Agreement for the provision of Digital Services.
INTEROPERABILITY - the ability of the Digital Service to interact with computer hardware or software other than those typically used to use the same type of Digital Service.
3 INFORMATION REGARDING DIGITAL SERVICES AND THEIR ORDERING
- The star-net.pl store conducts the sale of Digital Services via the Internet.
- The Digital Services offered in the Store are Functional, Compatible, and Interoperable with hardware meeting the technical requirements indicated on the Store's website and/or in this Regulations.
- The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Digital Service on the terms specified in its description.
- The price of the Digital Service displayed on the Store's website is stated in Polish zloty (PLN), Euro (EUR), or dollars (USD) and includes all components (excluding VAT).
- The price of the Digital Service displayed on the Store's website is binding at the time of placing the Order by the Customer. This price will not change regardless of changes in prices in the Store that may occur in relation to individual Digital Services after the Customer has placed the Order.
- The Seller clearly informs Customers about unit prices, promotions, and discounts on Digital Services. Alongside information about the discount, the Seller highlights the lowest price of the Digital Service that applied within the 30-day period before the discount was introduced, and if the Digital Service is offered for sale for a period shorter than 30 days, the Seller highlights their lowest price that applied from the beginning of offering the Digital Service for sale until the day the discount is introduced.
- Orders can be placed through the website using the Order Form (star-net.pl ) - 24 hours a day, throughout the year.
- To place an Order, the Customer is not obliged to register an Account in the Store.
- The condition for placing an Order in the Store by the Customer is to familiarize themselves with the Regulations and accept its provisions at the time of placing the Order.
- The technical requirements of the Digital Service are provided by the Seller in its description on the Store's website.
- If a particular Digital Service is subject to updates, the Seller informs the Customer about the updates and the consequences of not installing them:
- in the case of continuous provision of the Digital Service - for the entire duration of the Agreement for the provision of the Digital Service,
- in the case of one-time or partial provision of the Digital Service - for a period reasonably expected by the Customer, taking into account the purpose of using the Digital Service as well as the circumstances and nature of the Agreement for the provision of the Digital Service.
- The Customer is obliged to install updates provided by the Seller in a reasonable time. Failure by the Customer to install updates according to the instructions provided by the Seller and after being informed by the Seller about the consequences of not installing updates results in the Seller's exclusion from liability for non-compliance of the Digital Service with the Agreement.
4 CONCLUSION OF SALES AGREEMENT AND AGREEMENT FOR THE PROVISION OF DIGITAL SERVICES
- To conclude an Agreement for the provision of Digital Services, it is necessary for the Customer to place an Order using the methods provided by the Seller, in accordance with § 3 points 7 and 9 of the Regulations.
- Upon placing the Order, the Seller immediately confirms its receipt.
- The confirmation of receipt of the Order, as referred to in point 2 of this paragraph, binds the Customer with their Order. Confirmation of receipt of the Order is done by sending an email message.
- The confirmation of receipt of the Order includes:
- confirmation of all essential elements of the Order,
- a withdrawal form,
- these Regulations containing information about the right to withdraw from the contract.
- Upon receipt by the Customer of the email message referred to in point 4 of this paragraph, a Sales Agreement or an Agreement for the provision of Digital Services is concluded between the Customer and the Seller.
- Each Sales Agreement and Agreement for the provision of Digital Services will be confirmed by a purchase receipt (VAT Invoice), which will be sent via email to the Customer's email address provided in the Order Form.
5 METHODS OF PAYMENT
- The Seller provides the following methods of payment:
- Traditional bank transfer payment to the Seller's bank account,
- Payment through electronic payment systems (PayPal, Paynow).
- In the case of payment by traditional bank transfer, the payment should be made to the bank account number: 28 1140 2004 0000 3702 7960 1143 (Mbank) Jacek Janusz Starzycki Star-Net Jacek Starzycki, ul. Łukowska 46/61, 04-133 Warsaw, NIP: 6791282830. In the transfer title, please enter "Order no. ...".
- In the case of payment through an electronic payment system, the Customer makes the payment before the commencement of Order fulfillment. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.
- In the case of choosing payment by the method referred to in points 1.1 and 1.2 of this paragraph, the Customer is obliged to make the payment of the Price for the Agreement for the provision of Digital Services before the commencement of the provision of the Digital Service, unless the Agreement provides otherwise.
- The Digital Service will be delivered only after its payment.
6 DIGITAL SERVICES
- The Digital Service is delivered after the expiration of the withdrawal period from the Agreement for the provision of Digital Services, unless the Customer has previously given explicit consent to the delivery of the Digital Service before the expiration of this period, agreeing to waive the right to withdraw from the contract.
- Subject to paragraph 1, the delivery of the Digital Service occurs to the email address provided by the Customer in the Order Form and immediately, i.e., within 24 hours of:
- the funds being credited from the Agreement for the provision of Digital Services to the Seller's account, or
- positive authorization of the transaction by the electronic payment system.
- Detailed descriptions of individual Digital Services, as well as details about the elements included in them, are available on the Store's website.
- The Seller provides the Customer with the Digital Service in the latest available version.
7 COMPLAINTS
- The basis and scope of the Seller's liability towards the Customer who is a Consumer or a subject as referred to in § 10 of the Regulations, due to non-conformity of the Digital Service with the agreement, are determined by the Consumer Rights Act of May 30, 2014.
- The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur, as referred to in § 9, for warranty are determined by the Civil Code Act of April 23, 1964.
- The Seller is liable to the Customer who is a subject as referred to in § 10 of the Regulations, for non-conformity of the Service with the agreement, existing at the time of the Service's performance and disclosed within 2 years from that moment, unless the Product's expiry date specified by the Seller or persons acting on his behalf is longer.
- The Seller is liable to the Customer who is a Consumer or a subject as referred to in § 10 of the Regulations, for non-conformity of the Digital Service with the Agreement:
- in the case where the Digital Service is continuously provided to the Customer - throughout the duration of the Agreement,
- in the case where the Digital Service is provided on a one-time or partial basis - the Seller is responsible for non-conformity with the agreement existing at the time of the delivery of the Digital Service and disclosed within 2 years from that moment.
- The Customer is obliged to cooperate with the Seller to determine whether the non-conformity of the Digital Service with the Agreement results from the characteristics of the Customer's Digital Environment.
- Notifications of non-conformity of the Digital Service with the agreement and submission of the appropriate request can be made via email to:
This email address is being protected from spambots. You need JavaScript enabled to view it. . - In the above electronic message, please provide as much information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities, as well as contact details. The provided information will significantly facilitate and expedite the consideration of the complaint by the Seller.
- The Seller will respond to the Customer's request promptly, no later than within 14 days from the date of the complaint being reported.
- In the case of a complaint from a Customer who is a Consumer or a subject as referred to in § 10 of the Regulations - failure to address the complaint within 14 days from its submission is equivalent to its acceptance.
- The Customer may first request the Digital Service to be brought into conformity with the Agreement. The Customer may demand a price reduction or withdraw from the agreement only in the cases specified in the Consumer Rights Act of May 30, 2014.
- In connection with a justified complaint from a Customer who is a Consumer or a subject as referred to in § 10 of the Regulations, the Seller shall:
- bring the Digital Service into conformity with the Agreement at his own expense,
- reduce the price of the Digital Service (the reduced price must remain in proportion to the price of the Digital Service in accordance with the agreement to the Digital Service not in accordance with the agreement, and additionally, if the Digital Service is provided in parts or continuously, take into account the time during which the Digital Service was not in accordance with the Agreement) and reimburse the Consumer or the subject referred to in § 10 with the value of the reduced price no later than within 14 days from receiving the entitled declaration of the Consumer or subject referred to in § 10 about the price reduction,
- refund the price of the Digital Service no later than within 14 days from the date of receiving the declaration of withdrawal.
- The response to the complaint is provided on paper or other durable medium, e.g., email or SMS.
- The Seller is not entitled to demand payment for the time during which the Digital Service was not in accordance with the Agreement, even if the Customer actually used it before withdrawing from the Agreement.
- The Seller is obligated to refund the Price only in part corresponding to the Digital Service not in accordance with the agreement and the Digital Service, the obligation to deliver which has ceased due to withdrawal from the agreement.
8 RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- Subject to point 4 of this paragraph, the Customer who is simultaneously a Consumer or a subject as referred to in § 10 of the Regulations, who has entered into a distance contract, may withdraw from it without giving any reason by submitting a relevant statement within 14 days.
- In the event of withdrawal from the agreement, the Agreement is considered not concluded.
- The fourteen-day period in which the Consumer or the subject referred to in § 10 of the Regulations may withdraw from the agreement is counted as follows:
- for a contract under which the Seller delivers goods and is obliged to transfer their ownership - from the day the Consumer or the subject referred to in § 10 of the Regulations (or a third party designated by them other than the carrier) takes possession of the product,
- for a contract covering multiple goods that are delivered separately, in batches, or in parts - from the date of taking possession of the last item, batch, or part,
- for a contract involving regular delivery of goods for a specified period - from the date of taking possession of the first of the goods,
- for other contracts - from the date of concluding the agreement.
- The right to withdraw from a distance contract does not apply to the Consumer or the subject referred to in § 10 of the Regulations in the case of an Agreement:
- for the supply of goods made to the Consumer's specifications or clearly personalized,
- for the supply of goods which, after delivery, due to their nature, are inseparably mixed with other items,
- for the provision of services, if the Consumer is obliged to pay a price, where the Seller has fully performed the service with the express prior consent of the Consumer, who was informed before the commencement of the service that upon the completion of the service by the Seller, they will lose the right to withdraw from the agreement, and has acknowledged this,
- for the supply of digital content not supplied on a tangible medium, if the entrepreneur has commenced performance with the consumer's express consent, who was informed before the commencement of the performance that upon completion of the performance by the entrepreneur, they will lose the right to withdraw from the agreement, and has acknowledged this, and the entrepreneur has provided the consumer with confirmation referred to in Article 15(1) and (2) or Article 21(1).
- The right to withdraw from the Agreement is available to both the Seller and the Customer in the event of the other party's failure to fulfill its obligation under the agreement within a strictly defined period.
- After withdrawal from the agreement by the Customer, the Seller cannot use content other than personal data provided or generated by the Customer during the use of the Digital Service, except for content that:
- is useful exclusively in connection with the Digital Service that was the subject of the agreement,
- concerns solely the activities of the Customer during the use of the Digital Service that was the subject of the agreement,
- has been combined by the Seller with other data and cannot be separated without undue difficulty,
- has been created by the Customer jointly with other customers who may still use it.
- Except for the cases referred to in point 6 of this paragraph, at the Customer's request, the Seller provides content other than personal data that has been provided or generated by the Customer during the use of the Digital Service provided by the Seller, free of charge, in a reasonable time, and in a commonly used machine-readable format.
- In the event of withdrawal from the agreement, the Seller may prevent the Customer from further using the Digital Service, in particular by blocking the user account.
9 PROVISIONS CONCERNING BUSINESSES (B2B)
- This paragraph contains provisions applicable exclusively to entrepreneurs not covered by the consumer protection under the Consumer Rights Act, as mentioned in § 11 of the Regulations.
- The Seller has the right to withdraw from the Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Agreement in this case may occur without stating a reason and does not give rise to any claims against the Seller on the part of the Customer who is not a Consumer.
- The Seller has the right to limit the payment methods available to Customers who are not Consumers, including requiring payment in advance of part or all of the Price, regardless of the payment method chosen by the Customer and the conclusion of the Agreement.
- The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending a declaration of termination to the Service Recipient who is not a Consumer.
10 PROVISIONS CONCERNING BUSINESSES UNDER CONSUMER RIGHTS
- An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial partnerships) is covered by the protection provided by the Consumer Rights Act provided that the agreement concluded with the Seller is directly related to their economic activity, but the content of this agreement indicates that it does not have a professional character for them, particularly arising from the subject matter of their economic activity.
- A person conducting economic activity as referred to in point 1 of this paragraph is covered by protection only in the following scope:
- Prohibited contractual provisions — so-called abusive clauses,
- Liability for non-conformity of the Service with the agreement,
- Right to withdraw from a distance contract,
- Principles regarding the agreement for the provision of Digital Services.
- An entrepreneur as mentioned in point 1 of this paragraph loses consumer protection rights if the Sales Agreement concluded with the Seller has a professional character, which is verified based on the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, especially the codes of the Polish Classification of Activities indicated therein.
- Entrepreneurs mentioned in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by district consumer ombudsmen as well as the President of the Office of Competition and Consumer Protection.
11 TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables, through the Store, the use of Electronic Services such as:
- Concluding agreements for the provision of Digital Services,
- Maintaining an Account in the Store.
- The provision of Electronic Services to Service Recipients in the Store is carried out on the terms specified in the Regulations.
- The Service Provider has the right to place advertising content on the Store's website. These contents constitute an integral part of the Store and the materials presented therein.
12 CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
- The provision of Electronic Services specified in § 12 points 1.1 to 1.2 of the Regulations by the Service Provider is free of charge.
- The period for which the agreement is concluded:
- The agreement for the provision of an Electronic Service consisting of enabling the placement of an Order in the Store is concluded for a specified period and terminates upon placing the Order or discontinuation of its placement by the Service Recipient.
- The agreement for the provision of an Electronic Service consisting of maintaining an Account in the Store is concluded for an indefinite period. The agreement is concluded upon submission by the Service Recipient of the completed Registration Form.
- Technical requirements necessary to cooperate with the teleinformatics system used by the Service Provider:
- A computer (or mobile device) with Internet access,
- Access to email,
- An internet browser,
- Enabling Cookies and Javascript in the internet browser.
- The Service Recipient is obliged to use the Store in accordance with the law and good practices, taking into account the respect for personal rights and intellectual property rights of third parties.
- The Service Recipient is obliged to provide data consistent with the factual state.
- The Service Recipient is prohibited from providing content of an unlawful nature.
13 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
- Complaints related to the provision of Electronic Services through the Service Provider can be submitted by the Service Recipient via email to:
This email address is being protected from spambots. You need JavaScript enabled to view it. . - In the email mentioned above, please provide as much information and details regarding the subject of the complaint, especially the type and date of the irregularity, as well as contact information. Providing this information will significantly facilitate and expedite the processing of the complaint by the Service Provider.
- The Service Provider will promptly process the complaint, no later than within 14 days from the date of its submission.
- The Service Provider's response regarding the complaint is sent to the email address of the Service Recipient provided in the complaint notification or in any other manner specified by the Service Provider.
14 TERMS OF TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Termination of the agreement for the provision of Electronic Services:
- The agreement for the provision of Electronic Services of a continuous and indefinite nature (such as maintaining an Account, Newsletter) may be terminated.
- The Service Recipient may terminate the agreement with immediate effect and without stating reasons by sending a relevant statement via email to:
This email address is being protected from spambots. You need JavaScript enabled to view it. - The Service Provider may terminate the agreement for the provision of Electronic Services of a continuous and indefinite nature if the Service Recipient breaches the Regulations, especially by providing content of an unlawful nature after an ineffective prior request to cease the infringements within a specified period. In such a case, the agreement expires after 7 days from the date of the declaration of its termination (notice period).
- Termination leads to the termination of the legal relationship with effect for the future.
- The Service Provider and the Service Recipient may terminate the agreement for the provision of Electronic Services at any time by mutual agreement.
15 INTELLECTUAL PROPERTY
- All content posted on the website at star-net.pl is protected by copyright law and (subject to § 15 point 3) is the property of Jacek Janusz Starzycki conducting business under the name Star-Net Jacek Starzycki registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister competent for economy, with the place of business and address for deliveries at: ul. Łukowska 46/61, 04-133 Warsaw, NIP: 6791282830, REGON: 141968413. The Service Recipient bears full responsibility for any damage caused to the Service Provider as a result of using any content of the www.star-net.pl website without the Service Provider's consent.
- Any use by anyone, without the explicit written consent of the Service Provider, of any elements constituting the content and substance of the star-net.pl website constitutes a violation of the copyright belonging to the Service Provider and results in civil and criminal liability.
- All trade names, company names, and logos used on the website of the Store at www.star-net.pl belong to their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and images presented on the website of the Store at www.star-net.pl are used for informational purposes.
16 FINAL PROVISIONS
- Contracts concluded through the Store are governed by Polish law.
- In the event of any inconsistency between any part of the Regulations and applicable law, the relevant provisions of Polish law shall apply.
- In the case of Digital Services being provided to the Client continuously or in parts, the Seller is entitled to make changes to them in order to improve and enhance their functionality. These changes do not incur any costs for the Client.
- The Seller informs the Client about the changes referred to in point 3 in a clear and understandable manner. If the introduced change affects the Client's access to the Digital Service and its use, the Seller informs the Client in advance and by sending information in a durable medium about:
- the date of the change,
- the nature of the change,
- the right to terminate the contract without notice within 30 days from the date of the change or notification of the change if the notification was made later than the change.
- The Seller is exempt from the obligation specified in point 4 of this paragraph if the Seller has provided the Client with the opportunity to maintain the Digital Service in accordance with the contract and in an unchanged state at no additional cost.
- Any disputes arising from Sales Agreements between the Store and Consumers shall be resolved primarily through negotiations, with the intention of amicably resolving the dispute, taking into account the Act on Out-of-Court Consumer Dispute Resolution. However, if this is not possible or satisfactory for either party, disputes shall be settled by the competent common court, in accordance with point 7 of this paragraph.
- Judicial settlement of disputes:
- any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer or an entity referred to in § 10 of the Regulations shall be subject to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964,
- any disputes arising between the Service Provider and the Service Recipient (Client) who is not also a Consumer, as referred to in § 9 of the Regulations, shall be subject to the court competent due to the Service Provider's registered office.
- A Consumer Client also has the right to use out-of-court dispute resolution methods, in particular by submitting, after completing the complaint procedure, an application for mediation or an application for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223 ). The list of Permanent Consumer Arbitration Courts operating at the Voivodeship Trade Inspectorates is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claims settlement after completing the complaint procedure is free of charge.
- In order to settle disputes amicably, the Consumer may, in particular, submit a complaint via the Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/ .