ROYAL RECOIL TERMS AND CONDITIONS
I. General Provisions
1. These Terms and Conditions (hereinafter: T&C) define the general terms, conditions and rules for sale of Products by Royal Coders conducting business activity under name: Royal Coders via his online Store: http://royalrecoil.com/ and specify the terms and conditions for the provision of free electronic services by Royal Coders.
2. Definitions of terms used in the T&C:
- Royal Coders – sole entrepreneur conducting business activity under name: Royal Coders (Tax Identification Number: PL8992847375), e-mail: email@example.com
- Store or Website– Royal Coders website http://royalrecoil.com/ on which the Customer can purchase Products sold by Royal Coders.
- Working Days – means days of the week from Monday to Friday, excluding Polish public holidays.
- Delivery – means the actual act of delivering the Product specified in the order to the Customer by Royal Coders.
- Password – means a word or string of characters selected by the Customer during the Registration of Customer Account on the Website in order to secure access to the Customer Account.
- Customer – means any person to which electronical services may be provided or with which a legally binding contract may be concluded in accordance with T&C and other relevant legal provisions.
- Consumer – means any individual who purchases goods or services from an entrepreneur not directly related to his/her business or professional activity.
- Customer Account – means an individual panel for each Customer, launched on his behalf by Royal Coders, after the Customer has registered and therefore concluded the contract of Customer Account Services.
- Login – means an individual Customer’s identification, consisting of a words or string of characters selected by the Customer, required together with the Password to set up a Customer Account in the online Store.
- Entrepreneur – means an individual, a legal person or an organizational unit that is not a legal person which the law provides with legal capacity, conducting business or professional activity on its own behalf and concluding a legal action directly related to its business or professional activity.
- Registration – means actual activity carried out in the manner specified in the T&C and obligatory for the Customer in order to create his/her personal Customer Account.
- Product – means the product displayed by Royal Coders on the Website, which may be the object of a Sales Contract.
- License – means access (regulated by T&C and laws) to usage of a Product.
- Durable Medium – means any instrument which enables the Consumer and Royal Coders to store information addressed personally to that consumer in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
- Sales Contract – distance purchase-sale contract concluded between the Customer and Royal Coders on terms specified in the T&C and relevant provisions of Polish law.
3. In order to place an order in the Store via the Website or via e-mail and in order to use the services available on the Website, it is necessary for the Customer to have an active e-mail account.
4. It is prohibited to provide the unlawful content by the Customer. The Customer’s use of the Website or free services provided by Royal Coders cannot be contrary to the law, general good practices accepted by law or infringe lawful interests of third parties.
5. Royal Coders declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying the Customer’s data by unauthorized persons, therefore Customers shall use appropriate technical measures that minimize the above risk. In particular, they should use antivirus programs protecting the identity of users of the Internet. Royal Coders never asks the Customer to provide him with any form of password.
6. The Customer is not allowed to use the Store’s resources and functions in order to conduct activities that could infringe the lawful interest of Royal Coders.
II. Registration of Customer Account
1. In order to create a Customer Account, the Customer is obliged to make a free Registration.
2. Registration is necessary to place an order in the Store.
3. In order to register, the Customer should complete the registration form provided by Royal Coders on the Website and send the completed registration form electronically to Royal Coders by selecting the appropriate function contained in the registration form. During registration, the Customer selects an individual password.
4. When filling out the registration form, the Customer has the opportunity to read the T&C, accepting its contents by marking the appropriate field on the form.
5. During Registration, the Customer may voluntarily make a declaration of consent to the processing of his personal data for marketing purposes by checking the appropriate box of the registration form. In this case, Royal Coders clearly informs about the purpose of collecting personal data of the Customer, as well as about known by Royal Coders or intended recipients of this data.
6. The Customer’s consent to the processing of his personal data for marketing purposes does not preclude the conclusion of the contract with Royal Coders of Customer Account Service provided electronically. Consent may be withdrawn at any time by submitting an appropriate statement to the Royal Coders. For example, the declaration may be sent to the Royal Coders’ e-mail: firstname.lastname@example.org
7. After sending the completed registration form, the Customer shall receive, without delay, by e-mail on the e-mail address indicated in the registration form containing confirmation of the Registration by Royal Coders. With this moment, the contract of Customer Account Service provided electronically is concluded, and the Customer gains access to the Customer Account and is able to make changes of data given during the Registration.
1. The information contained on the Website does not constitute an Royal Coders’ offer within the meaning of the Polish Civil Code, but only the invitation for Customers to submit offers to conclude a Sales Contract.
2. The Customer may place their orders in via the Website for 7 days a week, 24 hours a day.
3. The Customer placing an order through via the Website completes the order by selecting the Product he is interested in. Adding the Product to the order is done by selecting the “Add to cart” command under the given Product presented on the Website. After completing the entire order, the Customer proceeds to filling in his/her relevant personal data and other details necessary purchasing the Product and then submits the order by sending the order form to Royal Coders, selecting the “Confirm Purchase with Obligation to Pay” button on the Website. Each time before the order is sent to Royal Coders, the Customer is informed about the total price for the selected Products and method of delivery, as well as all additional costs which he is obliged to incur in connection with the Sale Contract.
4. Placing an order is the submission to Royal Coders by the Customer of an offer to conclude the Sale Contract of the Products being the subject of the order.
5. After placing an order, Royal Coders sends the confirmation of placing an order to the e-mail address indicated by the Customer.
6. After sending the confirmation of placing the order, Royal Coders sends information on the acceptance of the order to the address indicated by the Customer. Information about the acceptance of the order to be executed is a statement by Royal Coders about the acceptance of the offer made by the Customer to conclude the Sales Contract and from the moment of its receipt by the Customer, the Sales Contract is concluded. Law applicable to the Sales Contract is the law of the Republic of Poland.
7. After the conclusion of the Sales Contract, Royal Coders confirms to the Customer its terms, sending them on a Durable Medium to the Customer’s e-mail address or in writing to the address indicated by the Customer during Registration or ordering.
1. Prices on the Website referring to a given Products contain taxes and do not contain information on the costs of delivery and any other costs that the Customer will be obliged to incur due to the Sales Contract. If applicable, The Customer will be provided with these information before placing an order.
2. The Customer pays for the ordered Products in the form of sending electronic money via the PayPal external payment system, operated by the Luxembourgian company PayPal (Europe) S.à.r.l.et Cie, S.C.A. (R.C.S. Luxembourg B 118 349).
3. The Customer is informed by Royal Coders every-time on the Website about the date in which he is obliged to make the payment for the order in the amount resulting from the concluded Sales Contract.
4. If there is a need of refund of costs for the transaction made by the Customer with a payment card, Royal Coders will refund it to the bank account assigned to the Customer’s payment card.
5. If the Customer fails to make the payment within the deadline referred to in the Article IV item 3 of the T&C, Royal Coders sets an additional deadline for the Customer to make a payment and informs the Customer about it on a Durable Medium. Information about the additional payment deadline also includes information that after the expiration of this deadline, Royal Coders will withdraw from the Sales Contract. In the event of the ineffective expiration of the second deadline for making the payment, Royal Coders will send the Customer on a durable Medium a statement of withdrawal from the contract pursuant to art. 491 of the Polish Civil Code.
V. Delivery of the Products
1. Royal Coders performs deliveries of Products worldwide using means of electronic communication.
2. Royal Coders is obliged to deliver the Products which are the subject of the Sales Contract without defects.
3. Royal Coders publishes on the Website the information on the number of Business Days needed to complete the order and delivery.
4. The period for Delivery and execution of the order indicated on the Website is counted in Working Days in accordance with the date of payment determined in accordance with Article IV item 2 of the T&C.
6. The ordered Products are delivered to the Customer via e-mail on the e-mail indicated by the Customer when placing an order and/or uploaded to the Customer’s Customer Account.
7. Consumer will be given a License to Product after contacting support. The License to Product will be given for the amount of days that Consumer placed order for.
8. Royal Coders, according to the will of the Customer, attaches the receipt or the invoice for the delivered Product and sends it along with the Product or separately on the Customer’s e-mail.
VI. Warranty and Liability Waiver
1. Royal Coders ensures the delivery of the Products free from physical (technical) and legal defects. Royal Coders is liable to the Customer if the Product has a physical (technical) or legal defect (warranty).
2. If the Product has a defect, the Customer may:
a) submit a statement of price reduction or withdrawal from the Contract of Sale, unless Royal Coders immediately and without excessive inconvenience for the Customer exchanges defective Product for a product free of defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by Royal Coders or Royal Coders did not meet the obligation to replace the Customer with a Product free from defects or to remove defects. The Customer may, instead of the removal of the defect proposed by Royal Coders, request the replacement of the Product free from defects, or instead of replacing the Product, demand removal of the defect, unless it is impossible to bring things to comply with the Sales Contract in a manner chosen by the Customer or would require excessive costs compared to the method proposed by Royal Coders. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect is taken into account, and the inconvenience to which the Customer would otherwise expose himself is taken into account.
b) demand replacement of defective Product with one free of defects or removal of defect. Royal Coders is obliged to replace the defective Product with a defect-free Product or remove the defect within a reasonable time without undue inconvenience to the Customer. Royal Coders may refuse to satisfy the Customer’s request if compliance with the Sales Contract to sell the defective Product in the manner chosen by the Customer is impossible or in comparison with the other possible way to bring into conformity with the Sales Contract, it would require excessive costs. The costs of repair or replacement are borne by Royal Coders.
3. The Customer who performs the rights under the warranty is obliged to deliver the faulty Product to the Royal Coders by means of electronic communication. In the case of the Customer being a Consumer, the delivery cost is covered by Royal Coders.
4. Royal Coders is responsible for the warranty if a physical defect is found before two years from the release of the Product to the Customer. A claim for removing a defect or replacing the Product with a one that is free of defects expires after one year, but the date cannot be completed before the date specified in the first sentence. Within this date, the Customer may withdraw from the Sales Contract or submit a declaration on the price reduction due to a defect in the Product. If the Customer requested a replacement of the Product for one free of defects or removal of the defect, the date to withdraw from the Contract of Sale or submit a price reduction statement begins with the ineffective expiry of the date for replacing the Product or removal of the defect.
5. Any complaints related to the Products or the performance of the Sales Contract, the Customer may submit in writing to the address of Royal Coders.
6. Royal Coders within 14 days from the date of the receipt of the complaint, will refer to the complaint of the Product or complaints related to the performance of the Sales Contract.
7. The customer may submit a complaint to Royal Coders regarding the use of free services provided electronically by Royal Coders. The complaint may be submitted in electronic form and sent to: email@example.com. In the complaint request, the Customer should include a description of the problem. Royal Coders promptly, but no later than within 14 days, reviews complaints and provides the Customer with an answers.
8. Use of the Product may be considered by organizers of e-sports events and providers/administrators of on-line games as prohibited under their internal rules and regulations.
9. The Customer, including the Consumer, is not entitled to any damages with regards to actual damage and lost profits incurred by the use of the Product in the on-line games, e-sports tournaments and other activities of similar nature. In particular, Royal Coders is not liable for expulsion from e-sports tournament and/or blocking gamer’s account if the Customer used the Product despite it was contrary to the internal regulations and rules of organizers of abovementioned tournaments and providers of games. The Customer is obliged to carefully check whether use of the Product is allowed or prohibited in the e-sports tournament, on-line game or other activity or event of similar nature and comply with internal rules and regulations of the entity organizing such event or providing the services.
10. Royal Coders products are intended exclusively for tests, investigations, research and development and cognitive purposes. Products can not be used in games.
VII. No Right of Withdrawal from the Sales Contract
1. Royal Coders inform that as a general rule, in accordance with Article 27 of the Polish Law of 30 May 2014 on Consumer’s Rights (hereinafter: Law on Consumer’s Rights), a consumer who has concluded a contract at a distance or outside the premises of the company may withdraw from it without giving any reason within 14 days and without incurring costs. Nevertheless, according to Art. 38 of the Law on Consumer’s Rights, the right to withdraw from a contract concluded at a distance on outside the premises company is not available to the consumer in relation to the contract for providing digital content that is not saved on a material carrier, if the performance of the contract begun upon the express consent of the consumer before expiry of the deadline to withdraw from the contract and after informing him/her by an entrepreneur about losing the right to withdraw from the contract.
2. Keeping in mind Art. VII item 1 of T&C, Royal Coders hereby informs that:
- the Product is a digital content and;
- The Customer having the status of the Consumer placing an order for the purchase of the Product grants consent for the performance of the service covered by the Sales Contract of the Product before the expiry of the deadline as referred to in item 1 of this Article (14 days deadline to execute the right of withdrawal from the contract) and;
- therefore the Customer, including the Consumer does not have the right to withdraw from the Sales Contract of the Product.
- only exception is when the customer did not activate the software yet (the activation key has not been sent)
VIII. Free Electronic Services
1. Royal Coders provides the following free electronic services to Customers: Customer Account Service. Moreover, Royal Coders may provide in the future the following free electronic services to Customers:
- Posting opinions.
Once services mentioned in letters a) and b) above are introduced they will provided in accordance with the following provisions of this Article.
2. Services indicated in para. 1 above are provided 7 days a week, 24 hours a day.
3. Royal Coders reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned above, which will inform Customers in a manner appropriate to changing T&C.
4. The Newsletter service can be used by any customer who enters his e-mail address using the registration form provided by Royal Coders on the Website for this purpose. After sending the completed registration form, the Customer will receive, promptly, by e-mail to the email address provided in the registration form by Royal Coders. At that moment, a Contract for the provision of the Newsletter service by electronic means is concluded. The Customer may additionally during the Registration mark the appropriate field in the registration form in order to subscribe to the Newsletter service.
5. Newsletter service send by Royal Coder to an electronic mail address consists an electronic message containing information about new Products or services provided by the Royal Coders and any other information Royal Coders deem appropriate. The Newsletter is being sent by Royal Coders to all Customers who have subscribed to the Newsletter.
6. Each Newsletter addressed to the Customers contains, in particular: information about the sender, a completed “subject” field specifying the content of the delivered message and information about the possibility and method of resignation from the free Newsletter service.
7. The Customer may at any time opt out of receiving the Newsletter by unsubscribing from the subscription via the link provided in each e-mail sent as part of the Newsletter service or by sending an e-mail with abovementioned request to the following address: http://royalrecoil.com/support/.
8. The Customer Account Service is available after registration on the terms described in the T&C and consists of providing the Customer with a dedicated panel within the Website, enabling the Customer to modify the data he provided during Registration, as well as tracking the order status and order history already completed.
9. A Customer who has registered may submit a request to delete an Royal Coders’ Customer Account, however, if the Customer requests to delete the Customer Account it may be deleted within 14 days of submitting the request.
10. Posting opinions services consist of enabling Customers having a Customer Account, to publish on the Website individual and subjective statements regarding in particular the Products. Detailed rules on using Posting opinions services and the Customers’ responsibility with regards to posting opinions is stipulated by Article IX.
11. Cancelling the Posting opinions service is possible at any time and consists of ceasing to post content by the Customer on the Website.
12. Royal Coders is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of Royal Coders or other Customers, violates the law or the provisions of the T&C, and when blocking access to the Customer Account and free services is justified by security reasons – in particular: breaking the Website’s security or other hacking activities by the Customer. Blocking access to the Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. Royal Coders notifies the Customer about blocking access to the Customer Account and free electronic services on the e-mail address provided by the Customer in the registration form.
IX. Responsibility of the Customers
1. By posting content and making it available, the Customer agrees on voluntary distribution of content. The published content does not express the views of Royal Coders and should not be equated with its activities. Royal Coders is not a content provider, but only an entity that provides adequate ICT resources for this purpose.
2. The Customer declares that:
a) is entitled to use proprietary copyrights, industrial property rights and/or related rights to exploitation rights, industrial property rights objects (for example trademarks) and/or related rights subjects that make up the content;
b) placing and making available as part of the services referred to in Article VIII of the T&C, personal data, image and information concerning third parties takes place in a legal, voluntary manner and with the consent of the persons concerned;
c) agrees to access the published content by other Customers and Royal Coders, as well as authorizes Royal Coders to use them free of charge in accordance with T&C;
d) consents to the development of works within the meaning of the Act on Copyright and Related Rights which has been adopted on 4 February 1994.
3. The Customer is not entitled to:
a) posting as part of using the services referred to in Article VIII of the T&C, personal data of third parties and the dissemination of the image of third parties without the required permission or consent of a third party;
b) posting as part of using the services referred to in Article VIII of the T&C, content of an advertising and/or promotional nature.
4. It is forbidden to place by Customers as part of using the services as referred to in the Article VIII of the T&C, content that could in particular:
a) be placed in bad faith, for example with the intention of violating personal rights of third parties;
b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secret or related to confidentiality obligations;
c) be offensive or threatened to other people, contain vocabulary that violates good manners (for example by using terms commonly considered offensive);
d) contradict the lawful interest of Royal Coders;
e) otherwise violate the provisions of the T&C, good customs, provisions of applicable law, social or moral norms.
5. If a notification is received in accordance with Article X of the T&C, Royal Coders reserves the right to modify or delete content posted by Customers as part of their use of the services as referred to in the Article VIII of the T&C, in particular with respect to content on which, based on reports of third parties or relevant authorities, if it was found that they may constitute a violation of these T&C or applicable law. Royal Coders does not keep current content checked.
6. The Customer consents to the free use by Royal Coders of the content posted by him/her as part within the Website.
X. Reporting a Threat of Violation or Violation of Rights
1. If the Customer or other person or entity finds that the content published on the Website violates their rights, personal rights, good manners, feelings, morals, beliefs, principles of fair competition, know-how, secret protected by law, he/she may notify Royal Coders of a potential breach.
2. Royal Coders being notified of a potential breach take immediate action to remove content constituting violation of T&C or relevant laws from the Website.
XI. Personal Data Protection
1. Royal Coders activities are compliant with the European and Polish legislation concerning personal data protection of physical persons. In particular Royal Coders act in accordance with Regulation (EU) 2016/679 of the European Parliament and the Council s of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
XII. Out-of-court settlement of disputes and seeking redress
1. Royal Coders informs the Customer who is a Consumer about the possibility of using the following out-of-court complaint and redress procedures:
a) The consumer has the right to apply to a permanent amicable consumer court operating at the Polish Trade Inspection with a request to settle the dispute arising from the concluded Sales Contract;
b) The Consumer has the right to ask the Polish Regional Inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Royal Coders;
c) The Consumer has the right to obtain free assistance regarding the resolution of a dispute between the Consumer and Royal Coders from the Polish District (municipal) Consumers’ Ombudsman.
2. Detailed information on the Consumer’s possibilities for= out-of-court settlement of complaints and redress is available at the offices and on the websites of Polish District (municipal) Consumers’ Ombudsman ombudsmen, Polish Regional Inspectorates of Trade Inspection and on the website: http://www.uokik.gov.com/spory_konsumenckie.php
3. Royal Coders informs that the online platform for settling disputes between the consumers and businesses entities at EU level is available at http://ec.europa/consumers/odr/
1. The Website is protected by copyrights. All rights to the Website, including proprietary copyrights, intellectual property rights to its name, internet domain and graphic design belong to Royal Coders.
2. Royal Coders informs that it is the owner or license of all materials published on the Website, unless expressly stated otherwise.
3. Royal Coders authorizes the Website users to use a non-exclusive, royalty-free and non-transferable license to use the proprietary copyrights to materials contained on the Website only to familiarize with the presentation of the Products offered by Royal Coders and to conclude distance Sales Contract as specified in the T&C.
4. The Customer may not use the materials contained on the Website for commercial purposes without the written consent of Royal Coders or the licensor.
5. The Royal Coders’ logo, name, and all other trademarks placed on the Website are legally protected.
6. Royal Coders warns that the infringement of copyrights and other related rights will be prosecuted by means provided in the civil and criminal law.
XIV. Termination of a Contract other than the Sales Contract
1. Both the Customer and Royal Coders may dissolve the Contract for the provision of electronic services at any time and without giving reasons, subject to retaining the rights acquired by the other party before the termination of the above-mentioned contract and provisions below.
2. The Customer who has registered will dissolve the contract for the provision of electronic services by sending appropriate declaration of will to Royal Coders, using any means of remote communication which allow the Royal Coders to read the Customer’s declaration of intent.
3. Royal Coders dissolves the Contract for the provision of electronic services by sending to the Customer an appropriate statement of will to the e-mail address indicated by the Customer during the Registration or e-mail provided by the Customer in any other way.
XV. Final provisions
1. Royal Coders is liable for non-performance or improper performance of the Contract in accordance with relevant provisions of Polish law, but in the case of Sales Contracts concluded with Customers who are Entrepreneurs, Royal Coders is liable only in the event of deliberate damage and within the limits of actual losses inflicted to Customers who are Entrepreneurs.
2. The content of T&C may be recorded by printing, saved on a carrier or downloaded at any time from the Website.
3. In the event of a dispute arising out of the concluded Sales Contract, the parties shall endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from Sales Contract and T&C is Polish law.
4. Royal Coders reserve the right to change these T&C. All orders accepted by Royal Coders before the new T&C come into force are performed in accordance with T&C, which was in force on the date of placing the order by the Customer. Amendments to T&C comes into force within 3 days from the date of publication on the Website. Royal Coders will inform the Customer 3 days in advance before the entry into force of the new T&C on amendments to the T&C by means of a message sent electronically containing a reference to the text of the amended T&C. In the event that the Customer does not accept the new content of the T&C, he/she is obliged to notify Royal Coders about this fact, which results in termination of the Sales Contract in accordance with the provisions of Article XIV of the T&C.
5. These T&C shall enter into force as of 1 February 2020.