Terms of service

301lite.com Online Store Terms of Service effective as of August 1, 2017

I. OVERVIEW

The „301lite” Online Store, hereinafter referred to as “the Online Store” or “the Store”, operating at the address 301lite.com, is owned by:

Thinklabs
Sebastian Stojek
ul. 3-go maja 28
32-090 Słomniki

Tax Identification Number: 6821526172

 

Thinklabs company, hereinafter referred to as “Thinklabs” is registered in the Central Registration and Information on Business registry kept by the Minister of Development.

 

II. THE PARTIES TO THE TRANSACTION

• The party purchasing software in the Online Store, hereinafter referred to as “the Customer”, is any natural person performing a legal transaction with a trader (purchase agreement) which is outside their trade, business, or profession.

• The party selling software by the means of the Online Store is the Operator.

 

III. DATA PROTECTION AND PRIVACY POLICY

• The Thinklabs is an Operator of the Online Store and an Administrator of the Online Store Customers’ personal data according to the Personal Data Protection Act dated 29 August, 1997 (Journal of Laws of 2014 No. 1182 with amendments).

• The Online Store Customer voluntarily provides his/her personal data on registration.

• The Operator processes the Customer’s personal data only for the purposes of sales transaction and order execution. The personal data is provided voluntarily by the Customer, however providing this data is necessary to accomplish the transaction.

• The Online Store, operated by the Operator processes the Customer’s personal data for the marketing purposes with the Customer’s consent.

• The Customer is entitled to complete, actualize, correct, complete, rectify, refrain from providing his/her personal data for processing or erase his/her personal data in case they are incomplete, out of date, untrue, were collected in breach of law or are no longer necessary for the purposes for which they were collected. Other rights and obligations of the Customer referring to his/her personal data protection and processing are defined by the Personal Data Protection Act dated 29 August, 1997 (Journal of Laws of 2002 No. 101, Item 926 with amendments).

• By subscribing to the newsletter of the Online Store the Customer consents to receive commercial messages in compliance with the Act of 18 July, 2002 on Providing Services by Electronic Means (Journal of Laws of 2013, Item 1422).

• The Customer can unsubscribe from the Online Store newsletter at any time.

 

IV. PRODUCTS

• The Store offers software licenses (hereinafter referred to as „the Products”).

• The Products offered by the Store are free from defects.

• Images of the Products are for illustrative purposes only. The Products in some cases may vary slightly from the image shown on the Online Store website. This does not affect the properties of the Products.

• In case of any doubts, all announcements, advertisements, price lists and other information available on the Online Store webpage shall not be understood as an offer, but only as an invitation to a conclusion of a sales arrangement (Art. 71 of the Civil Code). These information neither shall be understood as an assurance by the seller within the meaning of the Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code dated 27 July, 2002 (Journal of Laws of 2002 No. 141, Item 1176 with amendments).

• The Operator can withdraw from the sales agreement if the Product is not available for any reason. In such case, the Customer will be immediately informed about the refund of his/her payments.

 

V. PRICES

• All prices presented by the Online Store are given in US Dollars (USD).

• Prices given by the Online Store are expressed in gross terms and contain all taxes and duties.

• The Online Store reserves the right to change the prices of the Products in the Store offer.

 

VI. PLACING AN ORDER

• To order the Products offered by Online Store the Customer fills an order form and accepts the Terms of Service along with other terms and conditions of sales, the privacy policy and the personal data processing clauses.

• The Customer can place orders in Online Store 24 hours per day and 365 days per year.

• The delivery of an order placed by the Customer is confirmed by an email sent by Online Store. This email is only a confirmation that a message about the order reached the server of the Online Store.

• The Online Store validates the correctness of each order and the possibility of its execution. To execute the order the Online Store is provided with correct data. If the data provided is nor correct or not complete, the Customer is informed about the order status and the possibility of its execution. The Customer is obliged to reply to the information regarding obstacles to the order execution provided by the Online Store within 2 working days. In absence of any reply or decision by the Customer on expiry of that period the Store withdraws from the execution of the order.

• The Online Store reserves the right to verify orders in doubtful cases and when it comes to the breach of the present Terms of Service. In such cases the Online Store can withdraw from the execution of the order.

• The Customer has a right to modify his/her order until the order execution is confirmed by the Online Store.

• The Online Store confirms the order execution by sending an email to the Customer. The order content and the Terms of Service accepted by the Customer available on Customer’s account are the key terms of the sales agreement.

• All orders are executed within 24 hours (on working days). Execution time is counted from the date of posting of the full payment for the order on the Online Shop bank account.

• The Online Store shall exercise best efforts to execute the order in the time convenient for the Customer.

 

VII. PAYMENT

Bank transfer

After choosing a payment by bank transfer the Customer shall receive an email with order details, account number and all necessary information. In case of choosing a bank transfer the payment should be executed within 3 working days on the account mentioned in the received email confirming the execution of the order.

Payments should be made to an account:

Thinklabs
Sebastian Stojek
ul. 3-go maja 28
32-090 Słomniki

Account number: 63 1140 2004 0000 3102 7497 3422

Transfer title: 301lite "name of the licence"
np. "301lite medium"

 

VIII. WITHDRAWAL FROM THE AGREEMENT

• Within the meaning of the Act on Consumer Rights dated 30 May, 2014 (Journal of Laws of 2014, Item 827 with amendments) the Customer is entitled to withdraw from the agreement without providing any reason or incurring additional costs by submitting the declaration of withdrawal from the agreement in writing at the Store address within 14 days from the date of the receipt of the Products.

• Should the Customer choose a manner of the shipment other than least expensive ordinary shipment manner offered by the Store, the Store shall not be obliged to reimburse the Customer the extra cost incurred.

• In case of the withdrawal from an agreement, the Customer is obliged to return the Products to the Store Operator Thinklabs immediately but not later than within 14 days from the date of withdrawal from the agreement. For the deadline of returning the Products to be respected, the Customer simply needs to return the Products before the deadline expires.

• The Customer bears only the direct cost of the return of the Products unless the Operator agreed to bear these costs or did not inform the Customer about the obligation to bear the costs of return.

• The Customer shall not be entitled to withdraw from the agreement if his/her type of agreement is mentioned below:

  • A services agreement if the Operator provided the full service with the Customer’s consent and before receiving the service the Customer was informed that he/she shall lose his/her right to withdraw from the agreement prior to the provision of the service.

  • An agreement the subject of which are the Products by nature inseparably mixed with other items after delivery.

  • If the Operator provides additionally other services than those which are the subject of the consumer’s demand or provides parts different than the spare parts necessary to carry out repairs or maintenance, the consumer is entitled to withdraw from the agreement concerning additional services or parts.

  • An agreement the subject of which are sound or visual recordings or computer software delivered in a sealed package if the package was opened after the delivery.

  • An agreement to supply the digital content not recorded on any material medium if the service execution began with the Customer’s explicit consent before the withdrawal from the agreement deadline and after informing the Customer about losing his/her right to withdraw from the agreement.

 

IX. COMPLAINT PROCEDURES

• The Online Store shall exercise best efforts to offer the highest quality Products.

• Should the defects occur the Online Store launches the complaint procedure on the Customer’s demand.

• The buyer being a consumer is entitled to use the out-of-court complaint and redress mechanism.

 

FINAL PROVISIONS

• In matters not regulated in the present Terms of Service the provisions of the Polish Civil Code and individual Polish acts of law shall apply, in particular:

  • the Act of 18 July 2002 on the Rendering of Electronic Services (Journal of Laws of 2013, Item 1422 with amendments)
  • the Act on Consumer Rights dated 30 May, 2014 (Journal of Laws of 2014, Item 827 with amendments)
  • the Personal Data Protection Act dated 29 August, 1997 (Journal of Laws of 2014 No. 1182 with amendments)

• The parties declare their readiness settle any potential disputes resulting from the execution of the agreement in question by mutual agreement above all.

• Any disputes arising out of or in connection with the sales agreement will be resolved by a court competent for the Operator’s place of residence.

• The Online Store is entitled to change the present Terms of Service, in particular in case of: force majeure, other abnormal or unforeseeable events whose consequences cannot be avoided, changes in applicable laws, changes in prices, changes in the businesses of contractors and partners of Thinklabs company or significant change in the Thinklabs company structure. The Customer shall be informed about each change in the Terms of Service by the Online Store.

• Should any of the provisions of the present Terms of Service become null and void or unenforceable for reasons beyond the control of the Operator, the remaining provisions shall still be binding and both parties undertake to arrange their businesses and mutual interests to achieve the objectives set forth herein in another, legal and possible measure.

• The present Terms of Service are governed by the laws of the Republic of Poland regardless of the possible contradiction between the laws in force in Poland and the place of residency of the Customer.