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Terms and conditions of the WWW.SIMDESIGN.PL store

Terms and Conditions valid as of 25/05/2018

Pursuant to article 8, paragraph 1 of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002, No. 144, item 1204, as amended) the following rules are established, as follows:

§ 1. General provisions

1. The rules of the Terms and Conditions apply to the Users taking advantage of WWW.SIMDESIGN.PL online shop.

2. The owner of the Shop is LEVEL340 sp. z o.o., with its registered office in Warsaw at the following address: 03-193 Warsaw, Krzyzowki 28c/21, entered into the register of entrepreneurs of National Court Register by the District Court for the capital city of Warsaw under the KRS number 0000628341, with NIP number 5242806790 and REGON number 365191922, with share capital in the amount of 5,000.00 PLN.

3. The Shop is available at the following website: HTTP://WWW.SIMDESIGN.PL.

4. The Users undertake to acquaint themselves with the Terms and Conditions, as well as to adhere to them. By using the Shop, the Users agree to accept the following Terms and Conditions.

§ 2. Definitions

1. Unless the context otherwise requires, the terms used in the Terms and Conditions shall have the following meaning:

a) Shop - WWW.SIMDESIGN.PL online shop;
b) Administrator - the owner of WWW.SIMDESIGN.PL online shop;
c) Terms and Conditions - the following Terms and Conditions governing use of the Shop;
d) User - a natural person, legal person, organizational entity without legal personality, ordering Products via WWW.SIMDESIGN.PL online shop;
e) Password - a string identifying the User while logging in to the shop;
f) Digital Products - BOX or DOWNLOAD version of the computer software;
g) Premium Points - points bought or acquired via WWW.VFRPOLAND.COM website or in other points of sale.

§ 3. Technical requirements

1. In order to use the Shop, the User is required to: have a computer with access to the Internet and web browser that supports HTML standard and JavaScript environment, as well as to enable cookies.

2. In order to download the DOWNLOAD version of Digital Products and to install the BOX and DOWNLOAD versions of Digital Products, the User is required to install the simManager application, Adobe AIR and Oracle JAVA on the computer.

3. Taking illegal actions and providing illegal content by the Clients is prohibited.

§ 4. Communication with the User

1. The Administrator communicates with the User via electronic communication means, by phone or in writing, in accordance with the contact details provided by the User at the following website: HTTP://WWW.SIMDESIGN.PL.

§ 5. Registration and logging in

1. Using the Shop is possible after creation of the User account within the Administrator's IT system via simManager application or the following websites: WWW.SIMDESIGN.PL or WWW.VFRPOLAND.COM.

2. User's account details enable the User to log in to each and every domain owned by the Administrator.

3. An active account on WWW.VFRPOLAND.COM website allows for use of the Shop.

4. By means of registration - creation of User account, the User confirms that he or she has read the Terms and Conditions and agrees to comply with this document.

5. Logging in is possible:

a) after registration and
b) after account activation.

6. The registration is performed by entering:

a) User's e-mail address;
b) Password;
c) User's contact details (optional).

7. After sending data referred to in § 5, point 6, within 24 hours as of the registration, the User shall receive an activation link sent to the e-mail address that was provided. It should be used in order to confirm the registration.

8. After the registration and account activation have been completed, the User shall log in to the Shop by entering User's e-mail address and Password.

§ 6. User's obligations

1. The User undertakes to:

a) use the Shop in such a way that it is impossible for the third parties to gain access to Password or manipulate it;
b) refrain from taking any action that could damage the software used by the Administrator or could cause the loss of data in Administrator's possession;
c) use the Products purchased in a way that is legal and compliant with the licence;
d) make lawful use of the Shop that is in accordance with good practices and does not lead to infringement of third parties' personal interests or Administrator's interests.

2. Providing illegal content by the Clients is prohibited.

§ 7. Products

1. All Products offered in the Shop are brand new and with the warranty.

2. After the User logs in to the Shop in a correct manner, it is possible to place an order for Products offered in the Shop, including:

a) Digital Products - BOX version of the computer software;
b) Digital Products - DOWNLOAD version of the computer software;
c) collector's items;

- herein referred to collectively as the "Products".

3. The range of available Products may be subject to change, specifically due to:

a) extension of Products offer;
b) withdrawal of some of the Products.

4. Each Digital Product sold in the Shop is personalized with a licence Code that makes each copy individual.

§ 8. Order placement procedure

1. The User can place orders only after accepting the Terms and Conditions. Before placing the order, each User may and has to read the whole content of the Terms and Conditions.

2. An order can be placed only by an adult person.

3. The orders are accepted by means of the Shop's IT system. The Shop accepts orders 24 hours a day, 7 days a week. Orders placed on Saturday, Sunday or on public holidays in Poland shall be completed on first working day following the day when the order is placed.

4. While placing the order, the User selects specific Products and then clicks the [ADD TO CART] icon. One click is equivalent to choosing one Product.

5. After the selection is made, the Product is placed in User's Cart.

6. While the User is choosing the Products, he or she can go through the Products selected so far by clicking the [CART] icon.

7. If the User wants to dispense with some of the selected Products, he or she should click [X] (red X) icon next to the Products he or she wants to dispense with.

8. The User selects payment and delivery method in the Cart. The delivery cost is indicated next to the delivery options.

9. In order to use the discount provided by the Administrator, the User shall enter the proper discount code before order confirmation and click the [CONFIRM COUPON] icon.

10. After choosing Products, payment and delivery method and entering discount code, the User shall click the [ORDER NOW UNDER PAYMENT OBLIGATION] icon.

11. Then, the User is redirected to the website supporting Dotpay or PayPal payments, depending on the selected payment method.

§ 9. Premium Points

1. The User has the right to exchange the Premium Points for price discount for the Digital Products offered in the Shop.

2. In order to use Premium Points, the User has to exchange the appropriate amount of Premium Points for price discount by means of the function available in the Cart.

3. Premium Points can be used only for the purpose of Digital Products purchase and cannot be exchanged for money or other legal tenders.

4. Premium Points cannot be used in order to pay for the delivery of Products to the User.

§ 10. Order change and cancellation

1. Subject to exceptions included in the Terms and Conditions, order change and cancellation can be done by calling the following number: +48 22 381 60 3

8. Order change and cancellation is possible up to the moment of dispatching the order by the Shop.

2. The order can be changed in the following ways: the User can dispense with the whole order or a part of it, or may change the delivery address. If the User dispenses with the order, the amount due shall be refunded to client's account used to pay for the Products in case of online or credit card payment within 14 working days as of that event.

3. It is not possible to change or cancel an order for DOWNLOAD version of Digital Products.

4. The provisions concerning order change or cancellation shall be without prejudice to consumers' right to return the Products.

§ 11. Price

1. The prices of the Products provided at the moment of placing the order are binding.

2. The prices of the Products:

a) are in PLN or EUR;
b) include 23% of VAT;
c) do not include delivery cost.

§ 12. Delivery

1. The date of delivery is equal to the sum of order completion time and delivery time.

2. The information regarding current delivery costs is displayed next to the entrance to the Cart.

3. The Shop charges a fee for resending the Product, in accordance with the applicable price list, if the buyer provided a wrong delivery address or did not collect the parcel from the delivery company.

§ 13. Payments

1. When purchasing Products in the Shop, the User can choose the following payment methods:

a) cashless online payments via Dotpay (PLN);
b) cashless online payments via PayPal (EUR).

§ 14. Order completion

1. The order shall be completed within the period indicated next to the Product. If the order comprises several Products, it shall be completed within the longest period indicated next to the Products.

2. The period begins, in case of orders paid:

a) via Dotpay - after the authorization of transaction;
b) via PayPal - after the authorization of transaction.

3. The Administrator shall notify the User if the order cannot be completed. The Administrator shall not bear responsibility if it was not possible to contact the User.

4. The Shop's stock is subject to dynamic change. If the Product ordered is unavailable at the moment of paying for it or completing the order, the Administrator shall immediately refund the money paid for the missing Product.

§ 15. Reservations

1. The Administrator reserves the right to change prices of the Products and to conduct and withdraw promotions and sales.

2. The Administrator reserves the possibility of temporary disturbance to Shop's functioning due to maintenance or modification works.

3. The Administrator shall not be liable for any consequences of the failure or decline in efficiency of the Internet connection, as well as of other technical problems that have impact on order completion and execution.

4. The Administrator shall not be liable for:

a) the way in which the User takes advantage of the Shop and for the consequences of such use;
b) the consequences of the fact that third party gained access to User's password, regardless of the reason of such situation;
c) illegal actions of third parties, namely interference in User's end devices, especially hacking and computer viruses;
d) potential damages resulting from using the Products purchased in the Shop, including damages of players and personal damages.

§ 16. Complaints procedure

1. The Administrator is responsible for delivering Products free from defects.

2. The User has the right to file complaints concerning Shop operation, order completion and technical defects of the ordered Product.

3. Complaints regarding the orders should be sent to the following e-mail address: SUPPORT@SIMDESIGN.PL. The User can make use of the form constituting annex no. 1 to the Terms and Conditions.

4. The complaints shall be investigated within 14 days as of the day when the Administrator receives them. In case the complaint canno't be investigated within this period, the Administrator shall notify the User of the reasons for such delay and of the predicted date of complaint investigation within this period.

5. The Administrator shall immediately notify the User of the decision concerning the complaint and send it by means of electronic communication to the address indicated by the User in the complaint.

6. The differences regarding the appearance of Products delivered and presented in the Shop being a result of different settings (parameters) of User's monitor do not form a basis for filing a complaint.

§ 17. Product return

1. The User being a Consumer has the right to withdraw from the contract without giving any reason within 14 days as of the day when the Consumer (or third party indicated by the Consumer, other than the carrier) obtains the Product - in case of Product on physical carrier.

2. The right of withdrawal does not apply to an Order if the Consumer is obliged to pay less than 50 PLN.

3. In order to exercise the right of withdrawal from the contract, the Consumer shall notify the Administrator of the decision to withdraw from the contract by means of explicit statement (for example a letter sent by post, fax or e-mail). The Consumer may use the withdrawal form specimen contained in annex no. 2 to the Act of 30 May 2014 on Consumers' Rights (Journal of Laws of 2014, item 827) or the form published on the shop website, constituting annex no. 2 to the Terms and Conditions.

4. In order for the contract withdrawal deadline to be considered observed, it is enough for the Consumer to send the information about exercising the right to withdraw from the contract prior to the deadline.

5. In case of User's withdrawal from the contract, the Administrator shall return each and every payment received from the Consumer, including Product delivery costs (with an exception of additional costs resulting from the fact that the Consumer has chosen other delivery method than the cheapest one offered by the Administrator) immediately, but no later than within 14 days as of the date when the Consumer notifies the Administrator of withdrawal from the contract. The Administrator should return the payment to the Consumer by using the same methods that were used by the Consumer with the original transaction, unless the Consumer explicitly agrees on another solution.

6. The Administrator may refrain from refunding the payment until the Administrator receives the Product or the proof of dispatch, whichever is the earliest.

7. The Consumer shall send the Product back to the Administrator immediately, but no later than within 14 days as of the date when the Consumer notifies the Administrator of withdrawal from the contract. The time limit is considered observed if the Consumer sends the Product back within 14 days.

8. The Product, together with the proof of purchase, should be delivered to Administrator's office.

9. The Consumer is obliged to bear the direct costs of Product return.

10. The Consumer is liable for reduction in Product value resulting from using the Product in a way that was not necessary to determine the nature, features and functioning of the Product.

11. The Consumer does not have the right to withdraw from the contracts concerning delivery of DOWNLOAD version of Digital Product (computer software) if provision of service (e.g. allowing the Consumer to download the Digital Product) has begun with consumer's explicit consent before the end of the period allowing for withdrawal from the contract.

12. The Consumer cannot exercise the right of withdrawal with regard to the contracts concerning computer software (BOX version of the Digital Product) delivered in a box with a seal if the box has been opened after the delivery.

§ 18. Special conditions regarding the use of DOWNLOAD version of Digital Products

1. Purchase of DOWNLOAD version of Digital Product in the Shop is possible only if a User being a consumer waives the right to withdraw from the contract within 14 days as of software delivery. Such a statement is equivalent to the loss of right of withdrawal, pursuant to article 27 of the Act of 30 May 2014 on Consumers' Rights.

2. In case of DOWNLOAD version of the Digital Product, the method of delivery shall be downloading it by the User by means of teletransmission via the Internet connection directly to the memory of the computer which will be used to download the Product or view it online.

3. The Administrator grants the User licence to use DOWNLOAD version of the Digital Products in accordance with the terms indicated within Product description.

§ 19. Personal data / Privacy Policy

1. All personal data are obtained directly from the User who simultaneously accept that his personal data shall be used by the Administrator in order to provide an accurate manner of use of the Service and to fulfill his orders (in particular: name (names) and last name, email adress, mailling adress). In the case of a separate and voluntary consent of the User, the Administrator may use the User's personal data also for marketing, information or statistical purposes.

2. Administrator undertakes to apply appropriate security measures, both technical and organizational, to protect Personal Data of the User, including:
a) protect data from being disclosed to unauthorized parties, taken or copied by unauthorized person, damaged or destroyed,
b) ensure that data shall be processed only by authorized people,
c) keep data secret

Personal data of the User will be stored by Administrator only for the time necessary to achieve the purposes for which this data is collected, the performance of obligations under the law, for the maximum period of securing the materials necessary for legal proceedings (including tax).

3. The User has rights regarding the protection of personal data:
a) request access to Personal Data
b) rectification of Personal Data
c) deletion of Personal Data ("the right to be forgotten")
d) restrictions on the processing of your Personal Data
e) transfer of Personal Data
f) object.

In accordance with the applicable data protection law, the User is entitled to submit a complaint to the competent supervisory authority (ie to the President of the Office for Personal Data Protection or the successor body).

4. The User's personal data may be transmitted only in justified cases, and only to entities with which the Administrator has signed appropriate agreements. In particular, these are IT and HR and accounting entities as well as entities conducting postal or courier services and entities conducting payment activity. The Administrator does not transmit data to third countries or international organizations.

5. The Administrator has an applicable Personal data protection policy and Instruction for Personal data processing systems management.

6. The following provisions of law apply:

a) The Act on telecommunications published on 16 July 2004 (Dz. U. 2017.1907 t.j. ze zm.),
b) The Act on the provision of electronic services published on 18 July 2012 (Dz. U. 2017.1219 t.j. ze zm.),
c)Regulation of the European Parliament and of the Council (EU) on the protection of individuals with regard to the processing of personal data and on the free movement of such data – Directive (UE) 2016/679 published on 27of April 2016 repealing Directive 95/46/WE along with Polish regulations on the protection of personal data.

§ 20. Cookies policy

1. For the sake of User's comfort, the Shop uses cookies and similar technologies in order to adjust the Shop and other websites owned by the Administrator to functional needs, needs of the Users, as well as for statistical purposes.

2. Cookies stored on User's end device may also be used by advertisers or partners cooperating with the Administrator.

3. Cookies are small text files that are sent by the website visited by the User to User's end device.

4. Cookies are used in order to:

a) adjust the Administrator's websites content to User's preferences and to optimise use of the websites; in particular, these files allow for recognizing the User's end device and viewing the website in a way that is adjusted to individual needs of the device;
b) create statistics that help understand the way in which Users make use of Administrator's websites and enable the Administrator to enhance their structure and content;
c) maintain the User's session (after logging in), which means that the User does not have to enter the login and password on each webpage.

5. Two main types of cookies are used within the WWW.SIMDESIGN.PL domain: session cookies and persistent cookies. Session cookies are temporary files that are stored on User's device until the User logs out, leaves the website or closes the software (web browser). Persistent cookies are stored on User's device for the period specified in cookies parameters or until they are deleted by the User.

6. The following types of cookies are used within the WWW.SIMDESIGN.PL domain:

a) "essential" cookies that allow for use of services available within the WWW.SIMDESIGN.PL domain, e.g. authentication cookies used for services that require authentication within WWW.SIMDESIGN.PL domain;
b) cookies used for protection, e.g. for detecting authentication misuse within WWW.SIMDESIGN.PL domain;
c) "efficiency" cookies that allow for collection of information concerning the way of use of websites constituting WWW.SIMDESIGN.PL domain;
d) "functional" cookies that make it possible to "remember" the settings chosen by the User and interface personalization, e.g. as far as the language, User's region, font size, website appearance etc. is concerned;
e) "advertisement" cookies that enable the Users to view advertisements adjusted to their interests.

7. In many cases the software used for browsing the Internet (web browser) allows the cookies to be stored on User's end device by default. The website Users can change the cookies settings at any time. The settings may be changed especially in such a way that automatic cookies support is blocked in the web browser's settings or the User is notified each time the cookies are placed on User's device.

8. Details concerning the possibility and ways of supporting cookies are available in software settings (in the "Help" section of the web browser).

9. The Administrator informs that the limitations regarding use of cookies may affect some of the functionalities available on the Shop's websites.

10. The Administrator does not collect information automatically, with the exception of information contained in cookies.

§ 21. Industrial property

1. The Shop's name, layout, concept, software, database and the names, trademarks, logos etc. used in the Shop, as well as the Products are legally protected.

§ 22. Final provisions

1. The full content of the Terms and Conditions is made available to the Users free of charge via the Shop, in the form that enables the User to download, save and print the Terms and Conditions.

2. The Administrator reserves the right to change the content of Terms and Conditions. The changes made by the Administrator shall become effective within 7 days as of the date of publication of the consolidated text of Terms and Conditions on Shop's website.

3. The Terms and Conditions shall be effective as of 01/09/2016.