Terms of Service

This is an English translation of the Polish Terms of Service (Regulamin świadczenia usług), provided for convenience. In the event of any discrepancy between the two versions, the Polish version is legally binding.

§ 1. General provisions

These Terms of Service set out the rules for using the website webbuy.pl (the “Website”) and the terms on which the Service Provider designs and builds websites, online shops and business management panels and provides subscription services.
These Terms of Service constitute terms and conditions for the provision of electronic services within the meaning of Article 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services.
The Service Provider is [UZUPEŁNIJ – pełna nazwa firmy] (trading as Webbuy), [ADRES], tax ID (NIP) [NIP].
The Service Provider can be contacted:

by e-mail: kontakt@webbuy.pl,
by phone: +48 501 818 617,
by post: [ADRES].

These Terms of Service are available free of charge on the Website in a form that allows them to be downloaded, saved and printed.

§ 2. Definitions

The terms used in these Terms of Service have the following meanings:

Service Provider – the entity indicated in § 1(3).
Client – a natural person, a legal person or an organizational unit without legal personality to which the law grants legal capacity, that uses the Website or concludes an Agreement with the Service Provider.
Consumer – a Client who is a natural person concluding an Agreement for a purpose not directly related to their business or professional activity (Article 22¹ of the Civil Code).
Entrepreneur with Consumer Rights – a Client who is a natural person concluding an Agreement directly related to their business activity, where the content of the Agreement shows that it is not of a professional nature for them, as follows in particular from the subject of their business activity disclosed under the provisions on the Central Register and Information on Economic Activity (CEIDG) (Article 7aa and Article 38a of the Consumer Rights Act and Article 385⁵ of the Civil Code).
Order Form – the multi-step form on the Website in which the Client chooses a package and modules and describes their needs.
Call Form – the short form on the Website in which the Client requests a free call.
Offer – an individual proposal prepared by the Service Provider after a conversation with the Client, specifying the scope of work, the remuneration, the deadlines and the payment terms.
Agreement – an agreement for the execution of a Project or for the provision of a Subscription, concluded as described in § 5.
Project – a website, online shop, admin panel or module built for the Client under an Agreement.
Subscription – a paid service provided in monthly periods: “Care & Hosting” or “Website or Shop Management”.
Materials – the logo, photos, texts, access credentials and other content that the Client provides for the Project.
Hosting – the Client’s hosting account with an external provider on which the Project runs.
Civil Code – the Polish Act of 23 April 1964 – the Civil Code.
Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights.
GDPR – 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 (General Data Protection Regulation).

§ 3. Electronic services

Through the Website, the Service Provider provides the following services free of charge:

browsing the content of the Website, including descriptions of packages and projects,
the Order Form – sending the Service Provider a description of the Client’s needs, together with files and an estimated price calculated from the price list,
the Call Form – a request to be contacted about a free call.

The agreement for the provision of the Website browsing service is concluded when the Website is opened and terminates when it is closed.
The agreement for the provision of the Order Form or Call Form service is concluded when the Client starts filling in the form and terminates when the form is sent or the Client stops filling it in. The Client may stop filling in the form at any time without giving a reason.
Sending a form does not constitute the conclusion of an Agreement and does not oblige the Client to order a Project. The Service Provider responds to the request by e-mail or by phone, according to the contact method indicated in the form.
Information about packages, modules and prices on the Website, including the amount calculated in the Order Form, is indicative and constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, not an offer. The terms of the accepted Offer are binding.
The Client must not provide unlawful content and, in particular, must not send files through the forms that infringe the rights of third parties or contain malware.

§ 4. Technical requirements

To use the Website and the forms, you need:

a device with internet access (a computer, tablet or phone),
an up-to-date web browser, e.g. Chrome, Firefox, Safari or Edge,
an active e-mail address – to receive the confirmation of your request.

The Order Form also works with JavaScript disabled – all steps are then shown on a single page. With JavaScript enabled, the form saves a draft in the browser’s storage; the details are described in the privacy policy.
Up to 5 files in JPG, PNG, WebP, SVG or PDF format, each up to 10 MB, can be attached to the Order Form.
The Service Provider protects the forms against spam and abuse, including by limiting the number of requests that can be sent within a short time.
Using the internet involves typical risks, such as malware or phishing attempts. The Service Provider never asks for passwords to be sent through the forms on the Website – access to the domain and the Hosting is handed over in a manner agreed individually with the Client.

§ 5. Conclusion of the Agreement

The Client sends the Order Form or the Call Form, or contacts the Service Provider by e-mail or by phone.
The Service Provider contacts the Client, and in a conversation the parties establish the Client’s needs, the scope of work and the Materials required. The conversation is free of charge and non-binding.
Based on the conversation, the Service Provider prepares an Offer and sends it to the Client by e-mail. The Offer specifies in particular the scope of the Project, the remuneration, the delivery dates and the payment terms and – where applicable – the scope and price of the Subscription.
The Agreement is concluded when the Client accepts the Offer, by e-mail or in another manner indicated in the Offer. The Offer is valid for [UZUPEŁNIJ – liczba dni] days from the date it was sent, unless it specifies a different period.
The Agreement consists of the accepted Offer and these Terms of Service. In the event of any discrepancy, the Offer prevails.
The Service Provider confirms the conclusion of the Agreement by sending the Client its content (the Offer and the Terms of Service) by e-mail on a durable medium, no later than before the work begins.
The Agreement is concluded in Polish, unless the parties agree otherwise.

§ 6. Execution and acceptance of the Project

The Project is carried out in stages: visual design, build and testing, deployment on the Client’s Hosting, training and acceptance.
The delivery date is set out in the Offer. It runs from the day on which the Service Provider receives the complete set of Materials and – if the Offer provides for payment before work begins – that payment as well.
The Client provides the Materials and the necessary access (e.g. to the domain and the Hosting) by the agreed date. A delay in providing Materials or information extends the delivery time by the duration of that delay.
The Client represents that they hold the rights to the Materials provided, in particular photos, logos and texts, and that their use in the Project does not infringe the rights of third parties.
At the design stage, the Client may submit comments within [UZUPEŁNIJ – liczba rund poprawek] rounds of revisions. Changes beyond the scope of the Offer are priced separately and require the Client’s approval before they are carried out.
When the work is complete, the Service Provider makes the Project available to the Client for review and notifies the Client that it is ready for acceptance. The Client submits any comments within [UZUPEŁNIJ – liczba dni] days. The Service Provider remedies any reported non-conformities with the Offer and submits the Project for acceptance again.
Acceptance takes place when the Client confirms it, e.g. by e-mail. If a Client who is neither a Consumer nor an Entrepreneur with Consumer Rights does not submit any comments within the period referred to in section 6, the Project is deemed accepted.
The Service Provider deploys the Project on the Client’s Hosting, gives the Client the access credentials to the admin panel and provides training on how to use it in the form agreed in the Offer.

§ 7. Remuneration and payments

The remuneration for the Project and the price of the Subscription are set out in the Offer. Prices shown on the Website are indicative (“from”) prices.
[UZUPEŁNIJ – zasady płatności, np. zaliczka w wysokości … % wynagrodzenia płatna po akceptacji Oferty, pozostała część po odbiorze Projektu].
Payments are made by bank transfer to the account indicated on the invoice or in the Offer, within [UZUPEŁNIJ – liczba dni] days of the invoice date.
[UZUPEŁNIJ – czy ceny zawierają VAT, czy Usługodawca korzysta ze zwolnienia z VAT]. Prices presented to Consumers are total prices, including taxes.
The Subscription is billed in monthly periods, [UZUPEŁNIJ – z góry albo z dołu], on the basis of an invoice.
Fees for the Hosting, the domain and other external services (e.g. an online payment provider) are paid by the Client directly to their providers, unless the Offer provides otherwise.

§ 8. Copyright and license

Until the full remuneration for the Project has been paid, the author’s economic rights to the Project remain with the Service Provider, and the Client may use the Project to the extent necessary to review and accept it.
Once the full remuneration has been paid, the Service Provider transfers to the Client the author’s economic rights to the visual design and to the content prepared individually for the Client [UZUPEŁNIJ – potwierdź zakres przeniesienia praw albo zastąp go licencją], in the following fields of exploitation: recording and reproduction by any technique, entering into computer memory and networks, making available to the public on the internet in such a way that anyone can access them at a place and time of their choosing, and modification to the extent necessary to develop the Project.
The transfer takes place under an agreement in written form, as required by Article 53 of the Polish Act of 4 February 1994 on Copyright and Related Rights, which the parties sign after the remuneration has been paid. The written form may be replaced by the electronic form with a qualified electronic signature (Article 78¹ of the Civil Code).
Elements shared by many of the Service Provider’s projects – in particular the admin panel engine, modules and libraries – remain with the Service Provider. The Client receives [UZUPEŁNIJ – rodzaj licencji, np. niewyłączną, bezterminową licencję bez ograniczeń terytorialnych] to use them within the Project, including on the Client’s Hosting.
Open-source components and fonts used in the Project are subject to the terms of their own licenses (e.g. the SIL Open Font License or ISC).
The Project files and its database are located on the Client’s Hosting, so the Client has access to them at all times, including after the cooperation ends.
The Service Provider may show the Project in its portfolio – on the Website and in materials about its business – including screenshots and a link to the Client’s website, unless the Client objects.

§ 9. Subscription

The “Care & Hosting” Subscription covers in particular updates to the Project software, backups, minor changes to content, photos and the price list, and help with the domain, the Hosting and business e-mail.
The “Website or Shop Management” Subscription covers the ongoing management of the Project to the extent agreed in the Offer, e.g. updating content and photos, adding products and helping with order handling.
The exact scope of the Subscription, including the limit of minor changes ([UZUPEŁNIJ – limit, np. liczba godzin w miesiącu]), is set out in the Offer. Work above the limit or outside the scope is priced separately and carried out after the Client’s approval.
Backups under the Subscription are made [UZUPEŁNIJ – częstotliwość i okres przechowywania kopii].
The Subscription Agreement is concluded for a [UZUPEŁNIJ – nieokreślony albo określony] term. Either party may terminate it by e-mail or in writing, subject to a notice period of [UZUPEŁNIJ – okres wypowiedzenia], effective at the end of a calendar month.
After the Subscription ends, the Project continues to run on the Client’s Hosting, provided that the Client maintains the Hosting and the domain. The Service Provider hands over to the Client the access credentials it managed under the Subscription; from that moment, it is no longer responsible for further updates or backups.
If, under the Agreement, the Service Provider has access to personal data for which the Client is the controller (e.g. data of the Client’s customers stored in the panel), the parties conclude a data processing agreement in accordance with Article 28 GDPR.

§ 10. Complaints

Complaints concerning the Website, the forms, a Project or a Subscription can be submitted by e-mail to kontakt@webbuy.pl or by post to the Service Provider’s address.
It helps to include contact details, a description of the problem and – if possible – the request or Offer number and screenshots in the complaint. This makes the complaint easier to handle, but is not a condition for handling it.
The Service Provider responds to a complaint within 14 days of receiving it, by e-mail or in another manner indicated by the Client.
The provisions of this section do not limit the rights that a Consumer or an Entrepreneur with Consumer Rights has under mandatory provisions of law, in particular the Consumer Rights Act.
A Consumer may use out-of-court complaint and redress procedures, e.g. ask a municipal or county consumer ombudsman for free assistance. Information about these procedures and the bodies that run them is available on the website of the Office of Competition and Consumer Protection (UOKiK).

§ 11. Right of withdrawal

A Consumer who has concluded an Agreement at a distance or off-premises may withdraw from it without giving any reason within 14 days of its conclusion (Article 27 of the Consumer Rights Act). An Entrepreneur with Consumer Rights has the same right on the same terms (Article 38a of that Act).
To withdraw from the Agreement, it is enough to send the Service Provider an unequivocal statement, e.g. by e-mail to kontakt@webbuy.pl or by post. The model withdrawal form set out in Annex 2 to the Consumer Rights Act may be used, but this is not mandatory. To meet the deadline, it is sufficient to send the statement before the deadline expires.
The Service Provider promptly confirms receipt of the statement and refunds all payments received no later than 14 days from the day of receiving it, using the same method of payment that the Client used, unless the Client expressly agrees to a different method of refund that does not involve any costs for them.
At the Client’s express request, the Service Provider may begin work before the withdrawal period expires. Before starting work, the Service Provider asks for such a request to be made on a durable medium, e.g. by e-mail. A Client who has made such a request and then withdraws from the Agreement pays for the services performed up to the moment of withdrawal, in proportion to their scope and taking into account the price set in the Agreement (Article 35 of the Consumer Rights Act).
The right of withdrawal does not apply in the cases listed in Article 38(1) of the Consumer Rights Act, in particular where the Service Provider has fully performed the service with the express prior consent of the Client, who was informed before the performance began that they would lose the right of withdrawal once the service had been fully performed, and acknowledged this.

§ 12. Liability

The Service Provider makes every effort to ensure that the Website and the forms work without interruption, but may temporarily restrict access to them because of technical work or failures.
The Service Provider is not liable for interruptions in the operation of the Hosting, the domain, e-mail and other services of external providers (e.g. payment operators and courier companies), for the consequences of changes to the Project made by the Client or third parties bypassing the admin panel, or for the content of the Materials provided by the Client.
With respect to Clients who are neither Consumers nor Entrepreneurs with Consumer Rights, the Service Provider’s liability under the Agreement is limited to the amount of the remuneration received under that Agreement and does not cover lost profits. This limitation does not apply to damage caused intentionally.
Section 3 does not apply to Consumers or Entrepreneurs with Consumer Rights – the Service Provider is liable to them in accordance with the law.
The Service Provider does not guarantee any particular position of the Project in search results or any particular sales results, as these also depend on factors beyond its control, such as competition and the way search engines work.

§ 13. Personal data

The controller of the personal data provided on the Website and in connection with the Agreement is the Service Provider. The rules of data processing are described in the privacy policy.

§ 14. Final provisions

The Service Provider may amend these Terms of Service for important reasons, e.g. changes in the law, in the scope of services or in the way the Website works. Agreements concluded before an amendment are governed by the Terms of Service in the version in force on the date of their conclusion. The Service Provider notifies Clients with an ongoing Subscription of an amendment by e-mail at least [UZUPEŁNIJ – liczba dni] days before it takes effect; a Client who does not accept the amendment may terminate the Subscription.
Matters not regulated in these Terms of Service are governed by Polish law, in particular the Civil Code, the Act on the Provision of Electronic Services and the Consumer Rights Act. The choice of Polish law does not deprive a Consumer of the protection afforded to them by the mandatory provisions of the law of the country of their habitual residence.
Disputes with Clients who are neither Consumers nor Entrepreneurs with Consumer Rights are resolved by the court having jurisdiction over the Service Provider’s registered office. Disputes with Consumers are resolved by the court having jurisdiction under the general rules.
These Terms of Service are effective from [UZUPEŁNIJ – data wejścia w życie].

Questions about this document? Write to us: kontakt@webbuy.pl