Article I. General provisions
1. The law applicable to the application of these Regulations shall be Polish law, in particular:
- Act of 18 July 2002 on Rendering Electronic Services;
- Act of 10 May 2018 on Personal Data Protection;
- Act of 16 July 2004 on Telecommunications Law;
- Civil Code.
2. These Regulations constitute regulations within the meaning of the Act of 18 July 2002 on Rendering Electronic Services.
Article II. Definitions
Whenever the terms listed below are used in the Regulations, they shall be understood as follows:
- GOOD4BOOK – service provider, Pro Design Studio Paulina Domaradzka/ GOOD4BOOK, based in Dzierżoniów, ul. Cybulskiego 28, 58-200 Dzierżoniów, Poland, NIP: 882-212-86-87; Tax ID: PL8822128687 email address: info@good4book.com, gdpr@good4book.com, partner@good4book.com; website: good4book.com;
- The Service Recipient – an entity using the services of GOOD4BOOK, which is a party to the contract for the provision of services, being a natural person, a legal entity or an organizational unit without legal personality, obliged to comply with the Regulations. The Service Recipient is also an entity that will order the provision of certain Services on the terms specified in the Regulations;
- Website – website of good4book.com, and all its components, including access to Writer’s Cards (DIY);
- UServices or Service – services described in part of Article III of the Regulations;
- Rendering electronic services – performance of the service by sending and receiving data via ICT systems, at the individual request of GOOD4BOOK, without the simultaneous presence of the parties, transmitted via public networks within the meaning of the Telecommunications Law;
- Means of electronic communication – technical solutions enabling individual communication at a distance using data transmission between information and communication systems;
- Telecommunications Law – Telecommunications Law Act;
Article III. Types and Scope of Services Covered by the Regulations
The Regulations apply to Services provided by GOOD4BOOK:
- Newsletter – The service consisting in sending an electronic newsletter about the news on the Website by e-mail to subscribers through the mailing module. The service is available free of charge to all Internet users. A registration form, which is at the same time an order to receive the Newsletter, is available on the Website. The service is provided free of charge;
- Files to download – The service consists in the provision by GOOD4BOOK of files containing GOOD4BOOK folders and promotional materials as well as graphic files showing the GOOD4BOOK logo. The service is provided free of charge.
- Sale of Writer’s Cards – The service consisting in the sale of Writer’s Cards to the Customer for which the payment will be made electronically by means of a payment card or electronic transfer through an external payment system. The service is provided against payment.
Article IV. Conditions for Conclusion and Termination of the Agreement for Rendering Electronic Services
1. The Service Agreement – Newsletter shall be concluded when the Service Recipient orders a newsletter. The Service Recipient, by placing an order to receive the newsletter, agrees to receive the information contained therein, also if it is of a commercial nature.
2. The Service Agreement – Files to Download shall be concluded at the moment when the Service Recipient enters the appropriate URL of the Website containing the content made available as part of the Services in its Internet browser or when it uses the redirection to such pages of the Website.
3. The Service Agreement – Sale of Writer’s Cards shall be concluded at the moment when the Service Recipient orders Writer’s Cards, or pay the remuneration. The Agreement is concluded for a fixed period of 1 month, after which time the Service Recipient loses the right to request access.
4. The Service Recipient may at any time terminate the use of the services described in Article IV items 1 and 2. If the Service Recipient leaves the Website, the agreement for rendering electronic services is automatically terminated without the need for additional declarations by the parties. In the case of the Service consisting in sending an electronic newsletter about the news on the Website, by email via Newsletter, the Service Recipient may at any time resign from receiving the newsletter by clicking on the hyperlink “Resignation” contained in each email message sent to the Service Recipient with the content of the newsletter.
5. Starting to use any of the Services described in Article III of the Regulations is tantamount to the full acceptance of the Regulations by the Service Recipient without the need for a separate agreement.
6. If certain Services have their own regulations, these regulations will be placed on the Website subpages concerning a given Service, and these Regulations will apply to all activities that make up the use of such a Service without the need to accept the regulations of this Service separately.
7. GOOD4BOOK zapewnia działanie systemu teleinformatycznego, którym się posługuje w taki sposób, że usługobiorca może nieodpłatnie zakończyć w każdej chwili korzystanie z Usługi.
8. The entitlements of the Service Recipient to GOOD4BOOK under the warranty referred to in Article 556 et seq. of the Civil Code are excluded.
9. The Service Recipient may choose the following forms of payment for the Services: payment card, electronic transfer – through an external payment system:
- PayPal based in San Jose, California, USA;
- Skrill based in Miami, Florida, USA;
- Stripe based in San Francisco, California, USA.
10. The prices on the Website are net prices. VAT is added in the Service Recipient’s basket, then corrected when placing an order, after specifying the Service Recipient’s place of residence and optionally VAT ID. The amount of VAT depends on the type of service, the Service Recipient’s country of residence and VAT ID.
11. The remuneration for a service or product shall be payable in advance, within the deadlines specified in the Agreement, and if they are not indicated, the remuneration shall be payable within 14 days of the Agreement conclusion.
12. VAT invoices are issued in the electronic form to the Service Recipient’s email address, after indicating the desire to receive an invoice when placing an order.
13. If a coupon for access to the Website, service or reducing their price is redeemed, the date of conclusion of the Agreement shall be the date of redeeming the coupon in the Website.
14. GOOD4BOOK has the right to terminate the Agreement with immediate effect if the Service Recipient violates the rules of use of the Website or copyrights, and has not paid remuneration for a period of 30 days.
15. In the event of a delay in payment of remuneration or part thereof, GOOD4BOOK is entitled to refrain from providing services to the Service Recipient, and in particular to block access to the Website. If the period of delay exceeds one month, GOOD4BOOK shall be entitled to initiate a debt collection procedure through a debt collection company. The Service Recipient shall be required to cover the costs of such procedure in a lump sum of 10% of the net amount of the debt collected.
16. The User who is a consumer has the possibility to take advantage of the out-of-court method of complaint processing and claiming before the Permanent Arbitration Consumer Court in Wrocław at Ofiar Oświęcimskich 15A. Information on the method of access to the above-mentioned procedure and dispute resolution procedures can be found at the address: uokik.gov.pl.
Article V. Conditions for the Provision of Services
1. GOOD4BOOK provides services to the Service Recipient to the extent and under the conditions set out in these Regulations. The Service Recipient undertakes to comply with these Regulations.
2. The creation of a user account by the Service Recipient on the Website is free of charge. The Service Recipient is required to provide its real data in the Order, as well as to inform GOOD4BOOK about changes in the email address used. It is not allowed to set up several accounts by one Service Recipient and share the account with third parties.
3. In the case of providing erroneous information referred to above, it is considered that the information provided to the email address and Physical Services to the mailing address provided by the Service Recipient has been correctly delivered.
4. The Service Recipient is required to comply with the prohibition of abuse of electronic communication means and the provision of the following content by or to GOOD4BOOK ICT systems:
- causing disruption or overload of GOOD4BOOK’s ICT systems or other entities directly or indirectly involved in rendering electronic services;
- which do not comply with generally applicable law;
- violating the goods of third parties, generally accepted social or moral standards, or compromising good morals; which are offensive or violating anyone’s dignity;
5. The Service Recipient undertakes to secure the password to access the Website so that it is not accessible to third parties.
6. GOOD4BOOK reserves the right to update products and services, including modifying the content, as well as to remove certain elements during the term of the Agreement, and the Service Recipient accepts this.
7. In special cases that affect the security or stability of the information and communication system, GOOD4BOOK has the right to temporarily discontinue or limit the provision of the Services, without prior notice, and to carry out maintenance work to restore the security and stability of the information and communication system.
8. GOOD4BOOK shall not be responsible for interruptions in the provision of the Services resulting from failures or malfunctions of the information and communication systems outside the influence of GOOD4BOOK.
9. Notwithstanding the foregoing, GOOD4BOOK has the right to discontinue the provision of the Services at any time if such a reasonable request is made to it by an ISP or other authorized entity. GOOD4BOOK shall not be liable for damages caused by malfunctions of the transmission system, including hardware failures, delays and disruptions in transmission.
10. GOOD4BOOK reserves the right to interrupt the provision of Services in the event that the Service is found to be in breach of these Regulations, applicable law or generally accepted social and moral standards.
11. GOOD4BOOK shall not be liable to the Service Recipients or third parties for any damage related to the use of the data contained in the Website or the inability to use the Website, regardless of the cause.
12. In order to use the Service, the Service Recipient shall meet the following technical requirements, necessary to cooperate with the GOOD4BOOK ICT system:
- access to the Internet (min. 128 kbps connection for the Service Recipient);
- having an email account;
- Web browser: Microsoft Edge, Opera, Firefox, Google Chrome or Safari, with the latest update, accepting cookies, with JavaScript and pop-ups enabled, with Adobe Flash Player 32 or higher installed;
13. GOOD4BOOK does not provide technical conditions. The Service Recipient bears all costs associated with the provision of technical conditions.
14. GOOD4BOOK shall not be liable for malfunctions of the Service Recipient’s devices resulting in the inability to use the Website and the consequences of non-compliance with technical requirements.
15. The Service Recipient has the right to withdraw from the concluded agreement in writing without giving any reason within fourteen days from the date of conclusion of the agreement on the basis of the Act of 30 May 2014 on Consumer Rights. In the case of a written withdrawal from the agreement, the Service Recipient is obliged to return the goods within fourteen days.
16. The Consumer who has concluded the Agreement to use the Website or a part thereof, outside the business premises or at a distance, may not withdraw from it if they have agreed to GOOD4BOOK to start the service before the expiry of the deadline for withdrawal from the agreement by the Consumer. The Consumer agrees to start the service by ticking the appropriate box with a statement; in the case of the Website, it is the acceptance of the button on the Order page, described as follows: I accept the regulations and agree to perform the service before the end of the withdrawal period.
17. In any event, GOOD4BOOK’s liability on any account shall be limited to the amount of the remuneration specified in the Agreement. GOOD4BOOK is not liable for lost profits.
Article VI. Personal Data of the Service Recipient
1. GOOD4BOOK is the administrator of the personal data of the Service Recipients.
2. The processing of personal data shall be carried out in accordance with the principles set out in:
- Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (GDPR);
- The Act on Rendering Electronic Services.
3. The provision of personal data by the Service Recipients is voluntary, and their processing by GOOD4BOOK takes place in order to provide the service.
4. The rules for processing personal data in GOOD4BOOK’s ICT networks are set out in the Privacy Policy.
Article VII. Intellectual Property Rights
1. All rights to the content of the Website and the services, including Writer’s Cards, are vested in GOOD4BOOK or third parties who have agreed to their distribution by GOOD4BOOK under the terms of the Regulations.
2. The Service Recipient has the right to use the content of the Website and the services only under the terms of the Regulations and the scope of personal use.
3. No part of the publication (text, graphics, logos, icons, images, photos, audio, video, data files, presentations and any other data) presented on the Website or in the service may be reproduced or distributed in any form and in any way without the prior permission of GOOD4BOOK.
Article VIII. Final Provisions
1. The Regulations shall apply from 1 July 2020.
2. The Regulations are made available free of charge on the Website in a form enabling its acquisition, playback and recording by means of an ICT system used by the Service Recipient. Each Service Recipient may become familiar with the content of the Regulations.
3. GOOD4BOOK reserves the right to change the content of the Regulations at any time. Any changes will be posted on the Website and will come into force on the date of their publication.
4. The Service Recipient’s use of the Website or services after the introduction of amendments to the Regulations means their acceptance.
5. The satisfaction guarantee and privacy policy is an integral part of the Regulations.
Information on risks associated with the use of services provided by electronic means
The information relates to the risks that could potentially occur. The main risks associated with the use of the Internet include, but are not limited to:
- malware – applications or scripts that have harmful, criminal or malicious actions against the network user’s information and communication system, such as: viruses, worms, trojans;
- spyware – programs that track user actions, collect information about the user and send it to the author of the program;
- spam – unwanted and unsolicited emails sent simultaneously to multiple recipients, often containing advertising content;
- fraudulent use of confidential personal information (e.g. passwords) by impersonating a trustworthy person or institution (phishing);
- hacking into the user’s ICT system using hacking tools;
- cryptanalysis – the possibility of finding weaknesses in the cryptographic system in order to allow for its breakage or bypass.
To avoid these risks, the user should equip its computer and other electronic devices that it uses to connect to the Internet with an antivirus and firewall program. The programs should be constantly updated.
ODR Platform
According to the Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 may 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), we provide a link to the ODR platform: http://ec.europa.eu/consumers/odr/