Terms and Conditions of „Katalogkapsli.pl” Website

§ 1
Terms

Terms used in the following document shall have the meaning as stated below:

Account – the Website's free of charge function (service) regulated by these Terms and Conditions, enabling the User to set up an individual Account on which User’s data are collected;

Offer – an offer to conclude a Transaction between Users, submission of which is facilitated by the Services available on the website, but takes place without the impact and participation of the Service Provider.

Terms and Conditions – this document, including all subsequent amendments or changes.

Extended version of the Services - a type of Services available on the Website only after the purchase of the access by the User;

Website - katalogkapsli.pl website, available under: https://katalogkapsli.pl/.

Goods – Bottle caps, goods similar to bottle caps or bottle cap items (including pads, wrappers, labels or replacement caps).

Transaction - all contracts of sales, exchange agreements, similar or other agreements, concluded and executed by and between the Users. All contracts and agreements between Users are concluded without the participation of the Service Provider.

Services - all services offered by the Service Provider on the Website, described in detail in § 4 of the Terms and Conditions.

Service Provider – the person offering Services and maintaining the Website. The site is run by

User – any person or entity using the Website;

§ 2
Preliminary provisions

1. The following Terms and Conditions provides the rules for the use of the Website and the provision of Services by the Service Provider.
2. The aim of the Website is to promote the collection and interest in Goods, to enable the Users to organise the Goods in possession of the Users and to create conditions to facilitate the Users to exchange Goods.
3. Demonstrating any illegal content is strictly prohibited on the Website.

§ 3
User’s Account

1. Access to part of the Services depends on registration of the Account by the User.
2. Account registration is free of charge. The registration takes place by filling in at least all the mandatory fields of the electronic registration form, available under the Tab "REGISTER!" Tab on the Website, after familiarizing and accepting the Terms and Conditions and the Privacy Policy by the User.
3. By adding filling in the registration form, the User agrees to their public display.
4. Each user can register only one Account.
5. The Service Provider is not responsible for false data provided by the User in the registration form. All contact details are provided by the User under his own responsibility.
6. The User may at any time end the use of the Services and delete the Account by pressing the relevant button in the “PROFILE” tab.

§ 4
Services

1. Through the Website, the Service Provider offers the Services to the Users. Access to the Services depends on logging on the User's Account and on the purchase of access to the Extended version of the Services.
2. A User who has not logged on the Account has access to the Services in the form of:
   1. services that allow you to browse the catalogue of Goods organised by categories, divided into tabs.
3. The User who logged on the Account has access to the Services described in section 2 and:
   1. the Services that allow the edition and viewing of the status of the Goods collection;
   2. services that allow viewing Goods owned by the other Users;
   3. services allowing to view a list of active Users logged onto the Website within the last 6 months and to review the status of the Goods collection of these Users;
4. A User who on the terms described in § 5 of the Terms and Conditions, has purchased access to the Extended version of the Services, has access to the Services described in section 2 and section 3 and:
   1. service for generating pictorial and classic lists of missing and doubling Goods as well as the advanced classic lists of missing Goods of the User;
   2. print service of missing Goods from the collection and the Goods from updates made on the Website;
   3. the Service of viewing the popularity of the Goods;
   4. the Service allowing the access to the list of Users and Products held by Users, containing data on the possibility of mutual contact and exchange of Goods with other Users, logged onto the Account and having access to the Extended version of the Services (Exchange Tab);
   5. service of viewing the charts on lists of missing Goods;
   6. brewery search engine service;
   7. the service of creating own groups of the User's Goods.
5. The Service Provider declares that he is solely entitled to all copyrights and moral rights to the graphic layout of the Website, and the scope and type of Services provided is a manifestation of the Service Provider's creative initiative. The Service Provider shall bear the right to change the type and scope of the Services, including but not limited to the Service Provider’s right to perform any changes to the Goods catalogues, including adding, moving, deleting or changing the numbering of the Goods. The performed changes shall not constitute a basis for the Users to seek any compensation, redress, claim for damages, restitution or withdrawal from the contract.

§ 5
Rules for Extended version of the Services

1. The User receives access to the Extended version of Services after the purchase thereof. The option to purchase the Extended version of the Services is available, for example, after clicking the "PROFILE" tab and then "Subscription" tab or also after clicking the "EXCHANGE" tab and waiting for a few seconds for the new window to load.
2. The User receives access to the Extended version of Services for monthly periods. The access fee is PLN 6 for each commenced month.
3. The User may purchase access to the Extended version of the Services immediately for more than one month. In this case, the User's fees are as follows:
   1. for the purchase of access for 3 monthly periods - a fee of PLN 16,
   2. for the purchase of access for six monthly periods - a fee of PLN 31,
   3. for the purchase of access for 12 monthly periods - a fee in the amount of PLN 59.
4. Fees for access to the Extended version of the Services are paid through Dotpay sp. Z o.o. and PayPal (Europe) S.a.r.l. et Cie, S.C.A. The Service Provider does not have access to any financial data regarding the payment transaction, except for information about the User's payment from the given ID number from the Website.

§ 6
Complaints

1. The complaint on the Website may only refer to the User's lack of access to the Extended version of the Services in a given period, despite the purchase of access for such given period.
2. In order to submit a complaint, a User, who despite making the purchase did not get the access to the Extended version of the Services, shall report the problem to the Service Provider, with a detailed justification of the issue, via e-mail sent to the address given in § 10 of the Regulations. The complaint shall be null and void unless the confirmation of the transfer of the access fee for access to the Extended version of the Services shall be attached to the above-mentioned application.
3. The Service Provider will review the User's complaint within 14 days from the day of obtaining and provide the User with the decision whether the complaint was accepted / rejected.
4. Issues remaining in relation to the payment transactions on websites referred to in §5 para. 4 of the Regulations, cannot constitute the subject of a complaint and should be reported directly to the aforementioned websites.
5. The User’s use of the Services and the Website shall be understood as the User’s consent to the commencement of providing the Services by the Service Provider before the end of the 14-day withdrawal period referred to in Article. 27 of Consumer Law, dated May 30, 2014. Simultaneously, the Service Provider informs the User that the consent above means that the User has no right to withdraw from the contract.

§ 7
Disclaimer of liability

1. The Service Provider shall bear the liability for the provided Services on the basis of civil code provisions.
2. The Service Provider shall not be liable for any content and behaviour coming from the Users, during or as a result of using the Services offered on the Website by the Service Provider or for the User’s Offers, acceptance of the Offer by another User, improper performance or lack of performance of the Transactions, as well as for the consequences of any actions taken by Users and third parties which constitute a violation of the provisions of this Terms and Conditions. In particular, the Service Provider is not responsible for the quality, authenticity, safety or legality of the Goods sold on the basis of the Offer, the ability of Users to enter the contract, the solvency of Users and the authenticity and accuracy of information provided by Users.
3. The Service Provider is entitled to block access to the User's Account and Services in the event of the User acting to the detriment of the Service Provider, Site or other Users, violation of the provisions of law or provisions of the Terms and Conditions by the User, as well as when blocking the access is justified by safety reasons - in particular by the User overcoming the security measures of the Store's website or other hacking activities. The blocking of access for the aforementioned reasons lasts for at least the period necessary to resolve the issues being the basis for blocking. The Service Provider notifies the User about blocking access to selected services electronically.

§ 8
Personal data protection

All provisions regarding the processing and protection of personal data are contained in the "Privacy Policy" tab.

§ 9
System requirements and Software

1. Users are able to use the Sites and Services on the Website via The Internet.
2. The Service Provider will be trying to take all necessary measures to ensure that the use of the Website is possible through all popular web browsers, operating systems, device types. However, it is recommended to use the current versions of the browsers: Chrome, Opera, Firefox, Safari.

§ 10
Contact

The User may contact the Service Provider in regard to services provided electronically under this Terms and Conditions via the following e-mail address: kontakt@katalogkapsli.pl.

§ 11
Final provisions

1. The content of this Terms and Conditions may be printed, saved or downloaded from the Website.
2. This Terms and Conditions are subject to Polish law. To the extent not covered in This Terms and Conditions, the relevant provisions of the Civil Code and the Act on the provision of electronic services shall apply.
3. This Terms and Conditions have been prepared in Polish as the official language version. Terms and Conditions may be translated into other languages, with the exception that such translation shall not have the power of an authentic text. In case of any discrepancies between the language versions of the Terms and Conditions, the Polish version shall prevail.
4. The Service Provider shall have the right to change this the Terms and Conditions. All changes to this Terms and Conditions shall be effective from the date of their placement on the Website, unless otherwise specified by the Service Provider. The Website will inform Users about the change of the Terms and Conditions by electronic means. Using the Services or the Website after the changes to the Terms and Conditions shall be understood as the acceptance of the version of thereof. In the event of the lack of acceptance thereof, the User is obliged to delete the Account and / or stop using the Website and the Services.
5. All disputes related to the use of the Website shall be resolved by the competent Court in Gdańsk.
6. The Terms and Conditions come into force starting from 17.02.2019.

Last modified: 20.01.2019