Purchase regulations

§1 Preliminary Provisions

  1. The online store available at https://fotillo.com (the “Store”) is operated by Tomasz Mróz and Justyna Mróz, conducting business activity as the civil-law partnership ViewPro s.c. T. Mróz, J. Mróz, entered in the Central Registration and Information on Business (CEIDG), NIP (tax ID) 5223019335, REGON 147452308 (the “Seller”).
  2. These Terms set out the rules for using the Store and the rules and procedure for concluding distance contracts with the Seller, the subject of which is primarily digital content and services, including digital services.
  3. Within the scope of services provided by electronic means, these Terms also constitute the terms and conditions within the meaning of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.
  4. Use of the Software is governed by the License Agreement (EULA). Use of the Fotillo Cloud service is governed by the Fotillo Cloud Terms of Service together with the Data Processing Agreement (DPA). The rules for processing personal data are set out in the Privacy Policy. These documents are available on the Seller’s websites.

§2 Definitions

  1. Consumer – a natural person concluding a contract with the Seller for purposes not directly related to their business or professional activity.
  2. Entrepreneur with Consumer Rights – a natural person concluding a contract directly related to their business activity, where the content of the contract shows that it is not of a professional nature for that person; provisions concerning the Consumer apply to such person to the extent provided by law.
  3. Entrepreneur – an entity making a purchase in the Store directly related to its business or professional activity, other than the person referred to in point 2.
  4. Customer – any entity making purchases through the Store.
  5. Product – digital content available in the Store (in particular the Software, activation codes, reset codes, additional licenses, including those covering the internet function, and templates), a service (in particular template certification, the Subscription, additional technical support) or a movable item.
  6. Digital Content – data produced and supplied in digital form.
  7. Contract – a contract for the sale of a Product, a contract for the supply of digital content or a contract for the provision of a service, concluded between the Customer and the Seller at a distance through the Store.
  8. Order – the Customer’s declaration of will submitted via the order form, aimed directly at concluding a Contract.
  9. Account – the Customer’s account in the Store, storing the Customer’s data and information about their Orders.
  10. Software, EULA, Fotillo Cloud, DPA, Device – terms as defined in the License Agreement and the Fotillo Cloud Terms of Service.
  11. Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights.

§3 Contact with the Seller

  1. Address: ul. Skoroszewska 2B/34, 02-495 Warszawa, Poland.
  2. E-mail address: contact@fotillo.com.
  3. Telephone: +48 578 439 776 (Monday–Friday, 9:00–16:00 CET).
  4. Bank account for the euro currency: PL 55 1140 2004 0000 3812 1901 3016.

§4 Technical Requirements

To use the Store, including browsing the Store’s assortment and placing Orders, the following are necessary: a terminal device with internet access and a web browser, an active e-mail account, and cookies enabled.

§5 Fotillo Template Editor

  1. The Fotillo Template Editor (the “Editor”) is a free online tool made available at editor.fotillo.com. Using the Editor does not require registration or fees and constitutes acceptance of these Terms and the Privacy Policy.
  2. The Editor enables the creation, editing and export of graphic templates intended for use with the Software. The Editor operates entirely in the User’s browser; files, graphics and project data are not transferred to the Seller’s servers.
  3. Project data is saved solely in the browser’s local storage (localStorage). The Seller is not liable for the loss of project data resulting from clearing the browser memory, device failure, a change of browser or other circumstances beyond the Seller’s control. Regularly saving the project in the .fotillo format is recommended.
  4. Full use of a template in the Software requires paid certification. Uncertified templates operate in demonstration mode, with a “DEMO” watermark on every print. Information on certification and prices is available at fotillo.com.
  5. The User bears full responsibility for the content uploaded to the Editor, including graphics, photographs, logotypes and trademarks. The Seller does not verify such content and is not liable for the User’s infringement of third-party rights.
  6. Templates exported from the Editor are intended solely for use with the Software. Their use in software of other producers is not covered by technical support.
  7. The Editor is made available on an “as is” basis, and the Seller reserves the right to modify its functionality, temporarily suspend it or permanently discontinue making it available. With respect to Consumers, this does not exclude liability arising from mandatory provisions of law.

§5a Fotillo Builder (Package Configurator)

  1. The Fotillo Builder (the “Configurator”) is a free online tool made available at builder.fotillo.com, enabling the self-service configuration and download of an installation package of the Software by selecting the type of Device, functions, graphic theme and language versions. Using the Configurator does not require registration or fees and constitutes acceptance of these Terms and the Privacy Policy.
  2. Downloading a package requires providing an e-mail address, to which the Seller sends an individual download link, valid for a limited time and subject to a download limit. The generation of the link and the issue of the package are recorded by the Seller.
  3. The package contains the Software pre-configured in accordance with the user’s selection, in particular configuration files, the graphic theme, translations and the token file. Use of the downloaded Software is governed by the License Agreement (EULA). Unlocking paid functions requires the purchase of an activation code in the Store, which constitutes a separate Contract concluded under these Terms.
  4. Prices presented in the Configurator are indicative only and do not constitute an offer within the meaning of the Polish Civil Code. The binding price of a Product is indicated in the Store at the time the Order is placed.
  5. If the selected configuration includes photo sharing or photo upload functions (the internet function, Fotillo Cloud), downloading the package requires completing a form covering the Operator’s data and accepting the Fotillo Cloud Terms of Service together with the DPA. The fact of acceptance is recorded together with the time and version of the documents.
  6. Subscribing to the newsletter and using the inquiry form in the Configurator are voluntary. The rules for processing personal data in connection with the Configurator, including data provided for the purpose of downloading a package, are set out in the Privacy Policy.
  7. The Configurator is made available on an “as is” basis, and the Seller reserves the right to modify its functionality, temporarily suspend it or permanently discontinue making it available. With respect to Consumers, this does not exclude liability arising from mandatory provisions of law.

§6 General Information

  1. To the fullest extent permitted by law, the Seller is not liable for disruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties or the incompatibility of the Store with the Customer’s technical infrastructure; with respect to Consumers, this exclusion does not cover liability arising from mandatory provisions of law.
  2. Browsing the Store’s assortment does not require creating an Account. Orders may be placed after creating an Account or by providing the data necessary to process the Order without registration.
  3. Prices in the Store are given in euro and are gross prices (inclusive of VAT).
  4. Whenever informing about a reduction in the price of a Product, the Seller displays, next to the reduced price, the lowest price of that Product applicable during the 30 days preceding the introduction of the reduction.
  5. In the case of a Contract covering a Subscription or continuous performance, the final price is the total price covering all payments for the settlement period.

§7 Account

  1. Creating an Account requires completing the registration form and is free of charge. It is necessary to provide a first name and surname, e-mail address, telephone number and address details.
  2. Logging in takes place by entering the login and password established in the registration form.
  3. The Customer may at any time, without stating a reason and free of charge, delete the Account by sending a request to the addresses indicated in §3.

§8 Placing an Order

  1. To place an Order, it is necessary to: select a Product and add it to the cart, log in or use the option of purchasing without registration, complete the order form (recipient’s data and invoice data, if different), accept the required declarations, click the “Buy and pay” button and pay for the Order using the selected payment method.
  2. If the subject of the Order is a Product covering access to the internet function (Fotillo Cloud), a condition for placing the Order is the acceptance of the Fotillo Cloud Terms of Service together with the DPA, obtained by way of a separate declaration in the Order process.

§9 Payments, Delivery and Invoices

  1. Available payment methods: bank transfer to the Seller’s account; online payments and BLIK (Paynow, operated by mBank; Przelewy24, operated by PayPro S.A.); PayPo deferred payments; and card payments (Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro), processed by Autopay S.A.
  2. After an Order is placed, the Seller promptly confirms its receipt and acceptance for processing by an e-mail message containing confirmation of the conclusion of the Contract and the information required by law on a durable medium. The Contract is concluded upon the Customer’s receipt of this message.
  3. In the case of payment by bank transfer, electronic payment or payment card, the Customer shall make the payment within 7 calendar days of the conclusion of the Contract; otherwise, the Order is cancelled.
  4. Digital content is delivered promptly after the payment is credited, no later than within 3 days, via a generated download link or an e-mail message containing a code. Services are provided within the time limits indicated in the Product description.
  5. If movable items are offered in the Store, they are dispatched within 7 days of the payment being credited, in the manner indicated in the Product description. In the case of a longer time limit, the Seller contacts the Customer to agree on it.
  6. By accepting these Terms, the Customer consents to invoices being issued and sent in electronic form, to the e-mail address provided in the Order.

§10 Right of Withdrawal from the Contract

  1. A Consumer may withdraw from the Contract within 14 days without stating a reason, by submitting an unequivocal declaration to the Seller (e.g. by post or e-mail). Sending the declaration before the expiry of the time limit is sufficient to observe it. The time limit runs from the day the Contract is concluded, and in the case of the sale of an item, from taking possession of the item.
  2. The right of withdrawal does not apply to contracts for the supply of digital content not delivered on a tangible medium, if the performance began with the Consumer’s express and prior consent, where the Consumer was informed of the loss of the right of withdrawal and acknowledged it, and the Seller provided confirmation on a durable medium (Article 38(1)(13) of the Consumer Rights Act).
  3. The consent referred to in point 2 is obtained by way of a separate, express declaration (checkbox) in the Order process, and its content is confirmed in the message referred to in §9(2).
  4. The right of withdrawal also does not apply to contracts for the provision of services for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the Consumer’s express and prior consent, where the Consumer was informed that they would lose the right of withdrawal upon performance and acknowledged it.
  5. In the event of an effective withdrawal, the Seller refunds all payments received promptly, no later than within 14 days of receiving the declaration, using the same payment method used by the Consumer, unless the Consumer has agreed to a different method.
  6. The Consumer may use the model withdrawal form constituting Annex 2 to the Consumer Rights Act, although this is not obligatory.

§11 Conformity of the Product with the Contract and Complaints

  1. The Seller is liable towards the Consumer for the conformity of the Product with the Contract on the terms set out in the Consumer Rights Act: with respect to movable items in Chapter 5a, and with respect to digital content and digital services in Chapter 5b of that Act.
  2. The Seller is liable for a lack of conformity of digital content or a digital service with the Contract existing at the time of delivery and revealed within 2 years of that time, and in the case of continuous supply, for a lack of conformity that occurred or was revealed during the period in which it was to be supplied. A lack of conformity revealed before the expiry of one year from delivery is presumed to have existed at the time of delivery.
  3. If the Product is not in conformity with the Contract, the Consumer may demand that it be brought into conformity with the Contract, and on the terms set out in the Consumer Rights Act, submit a declaration on a price reduction or withdrawal from the Contract. The Seller may refuse to bring the Product into conformity if this is impossible or would require excessive costs; in such a case, the Consumer retains the remaining statutory rights.
  4. The Seller is not liable for a lack of conformity resulting solely from the failure to install, within a reasonable time, updates supplied to the Consumer, of whose delivery and the consequences of failing to install them the Consumer was informed, nor for a lack of conformity relating to a characteristic of the Product about whose deviation from the conformity requirements the Consumer was expressly informed and which the Consumer expressly and separately accepted at the latest at the time of concluding the Contract.
  5. Complaints should be submitted in writing or by e-mail to the addresses indicated in §3. It is recommended to indicate a description and the date of occurrence of the non-conformity, the Customer’s data and the demand. The Seller responds to a Consumer’s complaint within 14 days; the absence of a response within this period means the complaint has been accepted.
  6. If a guarantee has been granted for a Product, information about it and its content are included in the Product description.

§12 Complaints Regarding Services Provided by Electronic Means

The Customer may submit a complaint regarding services provided by electronic means within the Store (including the operation of the Account, forms, the Editor, the Configurator and the newsletter) to contact@fotillo.com, describing the problem that has occurred. The Seller examines the complaint and provides a response promptly, no later than within 14 days.

§12a Newsletter

  1. The Seller provides a free newsletter service consisting in sending commercial information about the Seller’s Products, services, promotions and news to the e-mail address provided.
  2. Subscription to the newsletter takes place by providing an e-mail address in a form on the Seller’s websites (including in the Configurator) and giving voluntary consent to receive commercial information. The contract for the provision of the newsletter service is concluded upon confirmation of the subscription.
  3. The Customer may unsubscribe from the newsletter at any time and without stating a reason, in particular by clicking the unsubscribe link included in every message or by sending a request to contact@fotillo.com. Unsubscribing is tantamount to termination of the contract for this service.
  4. To operate the newsletter, the Seller uses an external e-mail marketing service provider. The rules for processing personal data, including identification of the provider, are set out in the Privacy Policy.

§13 Reviews and User Content in the Store

  1. The Seller may enable the publication of reviews, opinions, questions and answers, and photographs concerning the Products and the functioning of the Store.
  2. By publishing content constituting works, the User grants the Seller a free-of-charge, non-exclusive license to use them for the purpose of their presentation in the Store and in the Seller’s informational and promotional materials concerning the Products, covering fixation, reproduction by digital techniques and making available to the public in such a way that everyone can access them at a place and time of their choosing. The license expires upon deletion of the content, provided that the Seller may retain copies to the extent necessary for evidentiary purposes.
  3. It is prohibited to publish content indicated in §7(1) of the Fotillo Cloud Terms of Service, content posted in bad faith, infringing third-party rights, offensive, advertising content, content containing links to external websites or personal data of third parties without a legal basis.
  4. Infringements may be reported to contact@fotillo.com; §8 of the Fotillo Cloud Terms of Service applies accordingly to reports and their examination. The Seller may remove content that violates these Terms.
  5. Reviews of Products published in the Store come exclusively from Customers who have purchased the given Product: the ability to add a review is linked to a placed Order, and in this way the Seller ensures that published reviews come from purchasers (Article 12(1)(5b) of the Consumer Rights Act). The Seller does not verify or modify the content of reviews; only reviews containing vulgarisms or prohibited content are blocked or removed, in accordance with points 3 and 4.

§14 Provisions Applicable to Entrepreneurs

  1. The provisions of this section apply exclusively to Entrepreneurs other than Entrepreneurs with Consumer Rights.
  2. With respect to Entrepreneurs, the Seller’s liability under statutory warranty is excluded, and the Seller’s liability for damages is limited to actual loss and to the value of the paid Order to which the damage relates, excluding damage caused intentionally.
  3. In the event of a breach by an Entrepreneur of the prohibitions set out in §4(2), (3) or (5) of the License Agreement (EULA), in particular interference with the source code, circumvention of security measures or removal of the DEMO watermark, the Seller may demand from the Entrepreneur payment of a contractual penalty in the amount of PLN 500,000 for each breach. The Seller may claim damages exceeding the amount of the stipulated penalty on general terms. The penalty is subject to reduction on the terms set out in Article 484 § 2 of the Polish Civil Code.
  4. Any disputes between the Seller and an Entrepreneur shall be resolved by the common court having jurisdiction over the Seller’s registered office.

§15 Out-of-Court Complaint and Redress Procedures

  1. A Consumer may use out-of-court complaint and redress procedures, in particular: apply to a permanent amicable consumer court operating at the Trade Inspection, apply to a voivodeship inspector of the Trade Inspection to initiate mediation proceedings, or use the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
  2. Detailed information is available on the websites of the Office of Competition and Consumer Protection (UOKiK): http://www.uokik.gov.pl.

§16 Personal Data

  1. The controller of Customers’ personal data processed in connection with the operation of the Store and the performance of Contracts is the Seller. Detailed processing rules, including purposes, legal bases, retention periods, data recipients and the rights of data subjects, are set out in the Privacy Policy available on the Seller’s websites.
  2. The rules for processing the personal data of End Users in connection with the Fotillo Cloud service, in which the Seller acts as a processor, are set out in the Fotillo Cloud Terms of Service and the DPA constituting Annex 1 to those terms.
  3. Providing personal data is voluntary; however, failure to provide the data necessary to conclude a Contract makes its conclusion impossible.

§17 Final Provisions

  1. Contracts concluded through the Store are concluded in the Polish language. Only the Polish-language version of these Terms is binding; versions in other languages are for information purposes only.
  2. The Seller may amend these Terms for important reasons: changes in the law, changes in payment methods or methods of delivering Products, or changes in the scope of the Store’s activity, to the extent that such changes affect the implementation of these Terms. The Seller informs about amendments at least 14 days in advance, and Orders placed before the amendment are governed by the Terms in their previous wording.
  3. The invalidity or ineffectiveness of an individual provision does not affect the remaining part of these Terms.
  4. In matters not regulated herein, the provisions of Polish law apply, in particular the Civil Code, the Consumer Rights Act, the Act on Providing Services by Electronic Means and the provisions on the protection of personal data.
  5. Disputes with Consumers are resolved by the court having jurisdiction under general rules; disputes with Entrepreneurs in accordance with §14(4).

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