Term of use

§1 GENERAL PROVISIONS

  1. These Terms of Use, including any changes hereto, hereinafter referred to as “TERMS OF USE”, set forth the terms of using the Gemly website available at www.gemly.com, hereinafter referred to as “SITE”. The SITE allows for making retail purchases of products as part of electronic software distribution (ESD) or mail order on original media and in original packaging.
  2. Registration with the SITE by a non-consumer user means that the user has read and accepts these TERMS OF USE.
  3. Each time upon registering on the SITE, consumer users accept these TERMS OF USE and give their consent to entering into a distance contract as defined in Section 2.1 of the Consumer Rights Act of 30th May 2014.
  4. The owner and administrator of the SITE is Techland Sp. z o.o. based in Ostrów Wielkopolski (63-400) at ul. Żółkiewskiego 3, listed in the register of entrepreneurs kept by the District Court for Poznań Nowe Miasto i Wilda in Poznań, 9th Commercial Division of the National Court Register, under KRS [National Court Register] No. 000001369333, NIP [Tax Identification No.]: 622-24-68-959, REGON [Statistical No.]: 251546820, share capital: PLN 176,891,600.00, hereinafter referred to as “SITE OWNER”.
  5. These TERMS OF USE constitute an integral part of a sales agreement made by and between the user, hereinafter referred to as “USER”, and SITE OWNER.

§2 USERS AND ACCOUNTS

  1. USERS of the SITE may include an adult individual, a corporate entity, or a non-corporate entity which has legal capacity under separate regulations,1. as well as minors over the age of 13, subject to obtaining consent from their legal guardians.
  2. For individuals using the SITE for purposes not related directly to their business or professional activity, the provisions of these TERMS OF USE concerning consumers shall apply as well as relevant provisions of the generally applicable law concerning consumers.
  3. Using the SITE is possible via devices with Internet access.
  4. A USER is an entity which registered with the SITE and has an active ACCOUNT with the SITE.
  5. An ACCOUNT means an individual USER account, which comes with an individual login and password chosen and provided by the USER during registration. The USER can access the SITE by logging in using their login and password.
  6. The SITE may be accessed only by USERS who registered by filling in an electronic form available in the SITE and providing the following information: full name, e-mail, place of residence, and other information necessary to fulfil an order, including without limitation to ship a product and issue a VAT invoice.
  7. The USER shall undertake measures to protect their ACCOUNT against unauthorized access, including keep their login credentials in secret and not disclose them to third parties. The SITE OWNER shall not be liable for the acts of unauthorized individuals on the USER ACCOUNT.

§3 ORDERS

  1. The USER may place an order after logging in to their ACCOUNT. For ESD, the order fulfilment process begins with the USER adding an item to their cart. For mail order, the order fulfilment process begins with the USER filling in an electronic order form.
  2. Products presented on the SITE do not constitute an offering as defined in Section 66 of the Civil Code.
  3. The SITE may allow for purchasing products before their official release dates, the so called “pre-order”. Products offered as part of pre-order are labelled on the SITE as “PRE-ORDER”. The SITE OWNER posts the information on the estimated official release date. These dates may be changed by the manufacturer of a given product. For PRE-ORDER purchases, the USER may be offered either a basic or a premium version of the product.
  4. If an order can be fulfilled, the SITE OWNER confirms terms and conditions of the order by sending a return e-mail to the e-mail address referred to in Section 2.6 of these TERMS OF USE and by assigning the “Purchased” status to the ordered product on the USER ACCOUNT.
  5. An order is deemed placed in the moment referred to in Subsection 4 above. In order for the placed order to be effective, the USER must make a payment as described in Section 4 of these TERMS OF USE.
  6. An effectively placed order means that the USER and SITE OWNER have made an agreement of sale of the ordered products.
  7. The SITE OWNER shall immediately send a written confirmation of executing the agreement to the mailing address indicated by the USER.
  8. Unpaid orders will be cancelled after 7 days.

§4 PRICE AND PAYMENTS

  1. Prices of all products offered on the SITE include VAT (gross prices).
  2. Every payment should include product price and additional costs, if any, which the USER shall be informed about upon placing an order.
  3. At USER’s request, a VAT invoice is issued using the data provided by the USER in the order form, including address and NIP number [Tax Identification No.].
  4. Payments are made by the USER using one of the payment methods available on the SITE. If the USER chooses payment via a payment operator such as PayPal, payments are deemed made upon the SITE’s receipt of payment confirmation from the payment operator.
  5. Settlements of credit card and e-transfer transactions are made via PayPal.
  6. As part of ESD, by making the product available to the USER in the manner referred to in Subsection 3 below. The SITE informs USERS that, if possible, the product is made available immediately, no later, however, than within 24 hours of making payment. The SITE OWNER shall send to the USER by e-mail the information on the right to renounce the agreement as well as the information that the USER loses such right if they request the delivery of digital content immediately after execution of the sales agreement in accordance with Section 8.3.
  7. As part of mail order, by shipping the product by mail or courier mail, as chosen by the USER in the manner referred to in Subsection 4 below.
  8. Orders as part of ESD are fulfilled by sending/making available to the USER an installation file on a hard drive or a product activation code. The USER may download the product the moment it is made available.
  9. Orders as part of mail order are fulfilled by sending the ordered product by mail or courier mail. The USER is informed of delivery costs and can choose the delivery method upon placing the order. The delivery is made to the address indicated in the delivery form.
  10. PRE-ORDERS are fulfilled in the shortest period possible, of which the USER will be informed by e-mail.

§5 USING THE PRODUCTS

  1. Products can be used according to the TERMS OF USE and as set forth in the license agreement made with the manufacturer of a given product. Terms and conditions of the license agreement referred to in the preceding sentence shall be made available to the USER each time before installation of a product.
  2. Entering into an agreement with the SITE OWNER only means that the USER purchases limited license rights (non-exclusive license) to use the purchased or rented product on terms and conditions referred to in Subsection 1 above. The license is non-transferrable (sublicensing is prohibited), and the rights to use the product may not be subject to further trading.
  3. Entering into an agreement with the SITE OWNER does not mean that the USER purchases copyrights, as defined in the Act of 4th February 1994 on Copyrights and Related Rights, to the products, works included in the products, or to any other content. In particular, the USER shall not have the right to record or reproduce the products and materials attached to them, or parts thereof, as well as to market, distribute or publicly present the products. The USER may engage in such activities only after prior consent of the SITE OWNER or of any other authorised third parties.
  4. Using specific products is possible provided that the USER uses devices with technical parameters and settings specified each time in the so called product data sheet or in the product description available on the SITE.
  5. The SITE OWNER shall not be liable for the inability to use products or for difficulties in downloading or using products as a result of the USER’s failure to meet the requirements referred to in Subsection 1 above.
  6. The products purchased on the SITE can be used by USERS solely for their own non-commercial purposes.

§6 FILING A COMPLAINT

  1. USERS have the right to submit complaints to the SITE OWNER concerning products and services provided.
  2. Complaints may be sent by e-mail to the following e-mail address: support@gemly.com.
  3. Consumer USERS have the right to make complaints in the event that a product fails to comply with the agreement, on terms and conditions set forth in the Consumer Rights Act of 30th May 2014 (Journal of Laws [Dz.U.] of 2014, Item 827), whereas other USERS may do so in case of physical or legal defects, on terms and conditions stipulated in the Civil Code.
  4. Product malfunction (including without limitation inability to install or run the product, or improper display of graphics) caused by the USER’s individual settings shall not constitute grounds for complaint.
  5. The SITE OWNER shall consider USERS’ complaints within 14 days of receipt thereof.
  6. In the event that a complaint concerning the purchased product is allowed, the SITE OWNER shall, at the USER’s discretion, either reimburse to the USER the amount paid for the product covered by the complaint (including shipment costs, if applicable and if they were incurred by the USER), replace the product with a one free of defects, or reduce the product price.
  7. If the product is found to have defects, the USER shall have the right to renounce the agreement on terms set forth in Section 7.

§7 TERMINATION OF THE AGREEMENT

  1. Consumer USERS as defined in Section 27 of the Consumer Rights Act of 30th May 2014 (Journal of Laws [Dz. U.] of 2014, Item 827), hereinafter referred to as the “ACT”, shall have the right to renounce the agreement for convenience and without any costs, subject to Subsection 3 below. The right may be exercised by submitting to the SITE OWNER a written notice within 14 days from handover of items or provision of service. The notice may also be submitted in electronic form by sending it to the following e-mail address: support@gemly.com. 1. The renouncement form is attached to these TERMS OF USE. The SITE OWNER shall immediately send to the USER a written confirmation of receipt of the renouncement notice.
  2. If the right to renounce referred to in Subsection 1 above is exercised, the mutual considerations shall be reimbursed unchanged. The reimbursement shall be effected immediately, no later, however, than within 14 days of agreement renouncement. The product price shall be reimbursed to the USER within 14 days using the same payment method as used by the USER when making payment.
  3. Consumer USERS shall not have the right to renounce the agreement referred to in Subsection 1 above where:
    1. the agreement provides for services which due to their character may not be reimbursed;
    2. the service was rendered with the USER’s consent before the lapse of the renouncement term and after the SITE OWNER informed the USER of losing the right to renounce the agreement;
    3. the agreement concerns data stored on data media after the USER opens the packaging; which means that for ESD, the renouncement right is also not applicable where the USER downloaded the product or used the access code.
  4. For PRE-ORDERS, the USER shall have the right to renounce the agreement no later than 24 hours before the product’s official release date. Subsections 2 and 3 above apply accordingly. This provision shall be without prejudice to the USER’s rights referred to in Subsection 1.
  5. If the USER exercises their right to renounce the agreement, the SITE OWNER shall reimburse to the USER the amount paid for the product along with shipping costs. If the USER chose a delivery method other than mail, according to Section 33 of the ACT, costs exceeding the costs of mail delivery shall not be subject to reimbursement.

§8 ACCOUNT DEACTIVATION

  1. The USER may at any time discontinue using their ACCOUNT with the SITE by deactivating it.
  2. The deactivation is performed by the USER by filling in a relevant electronic form available on the SITE.
  3. Once the ACCOUNT is deactivated, the USER will be unable to use the products available on the SITE, including make purchases.

§9 PERSONAL DATA

  1. The SITE OWNER is a personal data administrator as defined in the Personal Data Protection Act of 29th August 1997 (Journal of Laws [Dz. U.] No. 101, Item 926).
  2. The USER’s registration with the SITE in the manner referred to in Section 2 of these TERMS of USE shall mean that the USER grants their consent to processing their personal data as defined in the Personal Data Protection Act of 29th August 1997 (Journal of Laws [Dz. U.] No. 101, Item 926).
  3. The SITE OWNER shall process and store USERS’ personal data solely to the extent and as necessary to enable the USER to place orders and perform the executed agreement, including to issue VAT invoices, ship orders, and contact the USER in order to improve order fulfilment.
  4. The SITE OWNER ensures storage and processing of personal data in line with requirements of the Personal Data Protection Act of 29th August 1997 (Journal of Laws [Dz. U.] No. 101, Item 926).
  5. The USER shall have the right to access their data and demand supplementing, updating or correcting thereof, temporary or permanent suspension of its processing, or deletion if the data is incomplete, outdated, false or has been collected against the Act, or it is no longer relevant to the purpose for which it has been collected.

§10 MISCELLANEOUS

  1. USERS shall not have the right to use in any manner the materials published on the SITE, including images, drawings and descriptions of goods, unless it is permitted by generally applicable law, or if the USERS obtain the SITE OWNER’s written consent.
  2. After logging in to the SITE USERS may access the SITE’s additional features. The SITE may introduce new and modify existing features available on the SITE.
  3. The SITE OWNER may change the TERMS OF USE. The change becomes effective on the date indicated by the SITE OWNER, which may be no sooner than 7 days from publishing the changed TERMS OF USE on the SITE, with the proviso that transactions effected before the effective date of the change are subject to existing terms and conditions. Upon the first logging in on the SITE, as counted from the effective date of the change, the USER will be notified of the change.
  4. The SITE OWNER operates the SITE on the Polish market. They may, however, make these TERMS OF USE available also in other language versions, which does not violate Subsection 5 below.
  5. The agreement between the USER and SITE OWNER shall be governed by Polish law. Any disputes arising out of or in connection with the agreement shall be resolved by Polish common courts.