Terms and conditions

§1 Introductory provisions

The WP-PLUGIN online store, available at www.wp-plugin.store, is operated by AKS. These terms and conditions are addressed to Consumers and define the rules and procedures for concluding a Distance Selling Agreement with a Consumer via the Store.

§2 Definitions

1. Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
2. Seller – a company conducting business under the name AKS.
3. Client – any entity making purchases through the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store.
5. Shop – online store run by the Seller at the internet address www.wp-plugin.store.
6. Contract concluded at a distance – a contract concluded with the Customer as part of an organised system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract.
7. Terms and conditions – these Store regulations.
8. Order – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.
9. Account – customer account in the Store, which collects data provided by the Customer and information about Orders placed by him in the Store.
10. Registration form – a form available in the Store enabling the creation of an Account.
11. Order form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Basket – an element of the Store software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. A Sales Agreement also means – depending on the Product's characteristics – a service agreement and a contract for specific work.

§3 Contact with the Store

1. Only to the Seller's e-mail address via the contact form on the website.
2. The Seller’s customer service department is open from 10:00 to 14:00 on business days.

§4 Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, you must:

• a terminal device with access to the Internet and a web browser such as Google Chrome, Mozilla, etc.,
• active e-mail account,
• cookies enabled,
• FlashPlayer installed.

§5 General information

1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
2. Browsing the Store's assortment does not require creating an Account. Customers may place orders for Products in the Store's assortment either by creating an Account in accordance with the provisions of § 6 of the Terms and Conditions, or by providing the necessary personal and address information to enable Order fulfillment without creating an Account.
3. The prices listed in the Store are given in Polish zloty and are gross prices.
4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal fees), about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
5. In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (definitive) price is the total price including all payments for the billing period.
6. If the nature of the subject matter of the Contract does not allow, reasonably, for the final price to be calculated in advance, information on the method of calculating the price, as well as on transport, delivery, postal services and other costs, will be provided in the Store in the Product description.

§6 Creating an Account in the Store

1. To create an Account in the Store, complete the Registration Form. The following information is required: name, surname, email address, and home address.
2. Creating an Account in the Store is free.
3. Logging in to the Account is done by entering the login (email) and password set in the Registration Form.
4. The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§7 Rules for placing an Order

To place an Order you must:

1. Log in to the Store (optional).
2. Select the Product that is the subject of the Order and then click the "Add to Cart" button (or equivalent).
3. Log in or use the option to place an Order without registration.
4. If you have chosen to place an Order without registration, complete the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), and enter the invoice details if they are different from the details of the Order recipient.
5. Click the "Order and pay" button and/or confirm your order by clicking the link sent in the email.
6. Select one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 8 point 3.

§8 Offered delivery and payment methods

1. The Customer may use the following methods of delivery or collection of the ordered Product:
   • Electronic delivery (email).
2. The customer can use the following payment methods:
   • PayNow payments.
   • BLIK payment.
   • Payment by card:
     • Visa
     • Visa Electron
     • Mastercard
     • MasterCard Electronic
     • Maestro
   • PayPal payments.
3. The entity providing online payment services for card payments is STRIPE and Autopay SA
4. The payment card operator is Autopay SA with its registered office in Sopot, ul. Powstańców Warszawy 6, 81-718 Sopot, registered in the District Court Gdańsk-Północ, 8th Commercial Division of the National Court Register under the number 0000320590, NIP 585-13-51-185, REGON 191781561. Share capital PLN 2,205,500 (fully paid up).
5. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

§9 Execution of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by sending an appropriate email to the Customer at the email address provided by the Customer when placing the Order. The email message contains, at a minimum, the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. If the Customer chooses:
   • PayNow payments, BLIK payments or payment by card, the Customer is obliged to make the payment within 24 hours from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
4. If the Customer has chosen a delivery method other than electronic delivery (e-mail), the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
   
   1. When ordering Products with different delivery times, the delivery date is the longest given date.
   2. In the case of ordering Products with different delivery times, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order has been completed.
5. The beginning of the delivery period of the Product to the Customer is counted as follows:
   • If the Customer chooses the PayNow payment method, BLIK payment or payment by card – from the date of crediting the Seller’s bank account.
6. In the case of ordering Products with different readiness for collection dates, the readiness for collection date is the longest date provided.
7. Delivery of the Digital Product takes place worldwide.
8. Product delivery to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the "Delivery and Payment" tab and during the Order placement process, including when the Customer expresses their willingness to be bound by the Sales Agreement.

§10 Right of withdrawal

1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person indicated by him other than the carrier.
3. In the case of a Contract covering multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
4. In the case of a Contract which involves the regular delivery of Products for a specified period of time (subscription), the period indicated in paragraph 1 shall run from the date of taking possession of the first item.
5. The Consumer may withdraw from the Contract by submitting a declaration of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before the deadline expires.
6. The declaration may be sent by traditional mail by sending the declaration to the Seller’s address – the Seller’s contact details are specified in § 3. The declaration may also be submitted on a form, the template of which constitutes Annex No. 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights, but this is not obligatory.
7. Consequences of withdrawal from the Agreement:
   • In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.
   • In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivery of the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.
   • The Seller will refund the payment using the same payment method that was used by the Consumer in the initial transaction, unless the Consumer has expressly agreed to another solution that will not incur any costs for him.
   • The Seller may withhold reimbursement until the Product has been received back or until proof of its return has been provided, whichever occurs first.
   • The Consumer should return the Product to the Seller's address provided in these Terms and Conditions immediately, no later than 14 days from the date on which they informed the Seller of their withdrawal from the Agreement. This deadline will be met if the Consumer returns the Product before the 14-day period expires.
   • The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
   • The Consumer is only liable for any reduction in the value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the Product.
8. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
9. The right to withdraw from a distance contract does not apply to the Consumer in relation to the Contract:
   • in which the subject of the provision is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet his individual needs,
   • where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery,
   • for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has performed the service, he will lose the right to withdraw from the Agreement,
   • in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the Agreement,
   • where the subject of the performance are things that after delivery, due to their nature, are inseparably connected with other things,
   • where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
   • where the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
   • for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement,
   • for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the Consumer before the expiry of the withdrawal period and after the Seller has informed the Consumer of the loss of the right to withdraw from the Contract.
10. It is possible to return a product under warranty if the purchased product does not conform to the contract. The store also allows returns for other reasons, after individual consideration.

§11 Complaints and warranty

1. The Sales Agreement covers new Products.
2. Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Regulations or using the electronic complaint form provided by the Seller on one of the Store's subpages.
3. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
4. The Seller will respond to the complaint request immediately, no later than within 14 days, and if he does not do so within this period, it is deemed that the Customer's request was deemed justified.
5. Goods returned under the complaint procedure should be sent to the address given in § 3 of these Regulations.
6. If a warranty has been granted for the Product, information about it and its content will be included in the description of the Product in the Store.

§12 Extrajudicial methods of handling complaints and pursuing claims

1. Detailed information on the Consumer’s possibility of using out-of-court complaint and redress procedures as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following examples of possibilities to use out-of-court complaint and redress procedures:
   • The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
   • The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.
   • The consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers).

§13 Personal data in the Online Store

The administrator of Customers' personal data collected via the Online Store is the Seller.

1. Detailed information regarding the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – due to the principle of transparency, included in the General Regulation of the European Parliament and of the Council (EU) on the protection of personal data – "GDPR".
2. Customers' personal data collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement and, if the Customer consents, also for marketing purposes.
3. The basis for the processing of personal data in this case is: the sales contract or actions taken at the Buyer’s request, aimed at concluding it (Article 6, paragraph 1, letter b of the GDPR), the Seller’s legal obligation related to accounting (Article 6, paragraph 1, letter c) and the Seller’s legitimate interest in processing data for the purpose of establishing, pursuing or defending possible claims (Article 6, paragraph 1, letter f of the GDPR).
4. The recipients of personal data of Online Store Customers may be:
   • In the case of a Customer who uses the Online Store's delivery method by post or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.
   • In the case of a Customer who uses electronic payments or payment cards in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
5. The customer has the right to access and correct his or her data.
6. Providing personal data is voluntary, however, failure to provide the personal data specified in the Regulations and required to conclude the Sales Agreement will result in the inability to conclude the agreement.

§14 Product Licenses and File Usage

1. The Seller is not the author of the shared plugin code, templates, and other elements and assumes no responsibility for their operation (in accordance with the provisions of the GPL license). It is the Buyer's responsibility to verify the files, code, and other elements received.
2. The products offered contain code licensed under the GPL and are distributed by the Seller under this license and in accordance with it. Information about the license terms is included with the files. The Seller is not responsible for any use of the files in violation of their licenses.
3. If a plugin or template allows the download of additional elements from an external source, such as graphics or other elements, it is the buyer's responsibility as the user of the files to verify the license under which the additional elements are downloaded and to use them in accordance with the license. The add-ons we offer do not contain these elements, and the seller is not responsible for (and has no influence on) the elements downloaded by the add-ons from external servers.
4. Licenses for all products do not allow updates directly from the developer and do not include technical support.
5. Some products may not have full functionality without purchasing an additional subscription from the developer.
6. No keys, logins or passwords are provided with the files.
7. Product updates are available as long as they are available from the supplier. If product updates are not available from the supplier, the products will not be updated.
8. Information about update terms can be found in the "Updates" tab on each product page. These terms may change at any time, and they do not constitute grounds for a refund.
9. The daily download limit for subscriptions is determined by the Seller and may be changed by the Seller after the current subscription plan ends. The daily download limit will not change during an active subscription. The daily download limit renews daily.

§15 Final provisions

1. Contracts concluded via the Online Store are concluded in Polish.
2. The Seller reserves the right to amend these Terms and Conditions for important reasons, including: changes in legal regulations, changes in payment and delivery methods – to the extent such changes affect the implementation of these Terms and Conditions. The Seller will notify the Customer of any changes at least 7 days in advance.
3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on personal data protection.
4. Customers have the right to use out-of-court complaint and redress mechanisms. To do this, they can submit a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.