Terms and conditions
SmoothWizard Online Store Terms and Conditions
Specifying, among other things, the rules for concluding sales agreements through the store, containing the most important information about the Seller, the store and the rights of the Consumer.
§ 1 DEFINITIONS
Working days – days from Monday to Friday, excluding public holidays.
Account – a free function of the Store (a service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up their individual Account in the Store.
Consumer – a Consumer within the meaning of the provisions of the Civil Code.
Buyer – any entity Buying in the Store.
Regulations – these regulations.
Store – online store smoothwizard.com operated by the Seller at https://smoothwizard.com/.
Application – “SmoothWizard” application, i.e. software for which licenses are activated on the customer’s account as part of the subscription. The current version of the application can be found at https://app.smoothwizard.com/
Seller – Artur Spychalski, entrepreneur running business activity under the name SkullMedia Artur Spychalski, entered into the Central Register and Information on Business Activity run by the Minister of Development and Finance, NIP 5922292367, REGON no. 524191477.
§ 2 CONTACT WITH THE SELLER
Email address: [email protected]
Through the Discord server: https://discord.smoothwizard.com
§ 3 TECHNICAL REQUIREMENTS
For the Store to function properly, you need:
A device with Internet access
A web browser that supports JavaScript and cookies.
To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.
§ 4 STORE PURCHASES
The subscription prices visible in the Store are total gross prices for the goods. (VAT is included)
The Seller points out that the total price of the order consists of the following indicated in the Store: the price for the application license and, if applicable in a given case, the costs of delivery of the service.
The license selected for purchase should be added to the basket in the selected variant on the Store page.
Then the Buyer selects from the available methods of payment for the order and provides the data necessary to complete the placed order (email contact and other data).
The order is placed at the moment of confirmation of its content and acceptance of the Regulations by the Buyer.
Placing an order is identical to concluding a sales agreement between the Buyer and the Seller.
The Seller will provide the Consumer with confirmation of the conclusion of the sales agreement on a durable medium at the latest upon delivery of the goods.
The Buyer may register in the Store, i.e. create an Account there or make purchases without registration by providing his/her data with each possible order.
§ 5 PAYMENTS
You can pay for your order, depending on the Buyer’s choice:
– By regular bank transfer to the Seller’s bank account.
– By payment card:
– Visa
– MasterCard
Through the payment platform:
– CashBill
– PayPal
If the Buyer chooses payment in advance, the order must be paid for within 7 Business Days of placing the order.
The Seller informs that in the case of some payment methods, due to their specificity, paying for the order using this method is only possible immediately after placing the order.
*the concept of subscription is an option to extend the license automatically through payments that support automatic payments, or manual extension through payments that do not accept automation
§ 6 ORDER COMPLETION
The Application License is automatically added to the account as part of an active subscription renewed automatically or manually, which can be managed on the “My Account” page.
In special cases, the Seller reserves the right to exchange the ordered license for another with similar results in terms of effectiveness and value equal to or higher than the ordered one after informing the Buyer about this fact.
The Seller is obliged to inform the Customer immediately about possible delays or immediately after determining such a possibility and present possible solutions.
§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
The Consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason before the service is provided.
In order for the Consumer to exercise the right to withdraw from the contract, they must inform the Seller, using the data provided in § 2 of the Regulations, of their decision to withdraw from the contract by means of an unequivocal statement (for example, information provided by e-mail).
The Consumer may use the model withdrawal form placed at the end of the Regulations, but this is not obligatory.
In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of their right to withdraw from the contract before the deadline for withdrawal from the contract expires.
The Seller reserves the right to refuse to withdraw from the contract if the license is used in the application.
EFFECTS OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller shall return to the Consumer all payments received from him.
The Seller shall return the payments using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in each case the Consumer shall not incur any fees in connection with this return.
In the event of the need to return funds for a transaction made by the customer with a payment card, the seller shall return the funds to the bank account assigned to the Buyer’s payment card.
§ 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
The right to withdraw from a contract concluded at a distance does not apply to the Consumer in relation to the contract:
– In which the license was delivered and used according to previously established guidelines
– For the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with express consent
– The consumer before the deadline for withdrawal from the contract expires and after the entrepreneur has informed him about the loss of the right to withdraw from the contract.
§ 9 COMPLAINTS
In the event of a problem with the operation of the Application license, the Buyer may file a complaint about the defective license.
The consumer may:
– Submit a declaration of price reduction
– In the case of a significant defect – submit a declaration of withdrawal from the contract
– Demand removal of the defect in the service performed (the seller reserves the right to refuse to accept the complaint if the performance of the service was affected by third-party factors – such as incorrect use of the equipment, or incorrect operation of the equipment on which the service is performed, as well as changing the settings after the performance of a given service to other ones not set during the performance of the service)
The seller asks that complaints be submitted to the e-mail address [email protected].
If it turns out that additional information is required to consider the complaint, it will be necessary to contact the Seller via the Discord server to determine the location of the defect
Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
The Seller will consider the complaint within 14 days.
The Seller reserves the right to change the form of complaint handling – removal of the defect instead of refund, in the event that the fulfillment of the Buyer’s request is impossible or would require the Seller to incur excessive costs.
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND FINDING CLAIMS
In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
Mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which the request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
Assistance from the competent permanent arbitration consumer court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be filed. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
Free assistance from the municipal or district consumer advocate.
The ODR online platform available at: http://ec.europa.eu/consumers/odr/.
§ 10 PERSONAL DATA
The administrator of personal data provided by the Buyer when using the Store is the Seller.
The Buyer’s personal data are processed on the basis of the contract and for the purpose of its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.
§ 11 RESERVATIONS
The Buyer is prohibited from providing content of an illegal nature.
Each order placed in the Store constitutes a separate sales agreement and requires separate acceptance of the regulations. The agreement is concluded for the time and for the purpose of fulfilling the order.
In the case of a subscription, each extension of the subscription is saved in the system as a separate order.
Agreements concluded on the basis of these regulations are concluded in the language selected by the Consumer on the website.
None of the provisions of these regulations exclude or in any way limit the Consumer’s rights resulting from the provisions of law.
§ 12 PROVISIONS REGARDING BUYERS WHO ARE NOT CONSUMERS
The right to withdraw from a distance contract does not apply to an entity other than the Consumer.
Any liability of the Seller towards a Buyer who is not a Consumer is excluded.
In the event of a potential dispute with a Buyer who is not a Consumer, the competent court will be the court with jurisdiction over the Seller’s registered office.
The provisions of § 12 of the Regulations in points 1, 2 and 4 do not apply to individuals running a sole proprietorship if the purchased goods are not directly related to the nature of the business activity or specialization of the Buyer. In such a case, the Buyer running a sole proprietorship has the right to withdraw from the distance contract on the same terms as the Consumer.
Annex No. 1 to the Regulations
Below is a sample withdrawal form, which the Consumer may, but does not have to, use:
SAMPLE WITHDRAWAL FORM
(this form should be completed and sent back only if you wish to withdraw from the contract)
SkullMedia Artur Spychalski
e-mail address: [email protected]
– I …………………………………….. hereby inform you of my withdrawal from the contract for the purchase of the following services(s):
……………………………………………………………………………………………………………………………………………………….
– Date of purchase ………………………………………………………………………………………………………
– Name and surname of the Consumer(s) ………………………………………………………………………….
– Address of the Consumer(s) ………..……………………………………………….. Date ……………………………………..
Account Terms and Conditions
Smoothwizard.com Store Account Terms and Conditions
§ 1 DEFINITIONS
Account – a free function of the Store (service) regulated in these regulations, thanks to which the Buyer can set up their individual Account in the Store.
Buyer – any entity Buying in the Store.
Store – smoothwizard.com online store run by the Seller at https://smoothwizard.com/ Seller – Artur Spychalski, entrepreneur running business activity under the name SkullMedia Artur Spychalski, entered into the Central Register and Information on Business Activity run by the Minister of Development and Finance, NIP 5922292367, REGON no. 524191477.
§ 2 CONTACT THE SELLER
E-mail address: [email protected] via discord server: https://discord.smoothwizard.com
§ 3 TECHNICAL REQUIREMENTS
For the proper functioning and creation of the Account, you need:
An active e-mail account
A device with Internet access
A web browser that supports JavaScript and cookies
§ 4 ACCOUNT
Creating an Account is completely voluntary and depends on the will of the Buyer.
The Account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order, checking and editing subscriptions, editing data necessary for the operation of the SmoothWizard Application or editing the Buyer’s data independently.
In order to create an Account, fill out the appropriate form in the Store.
At the time of creating an Account, an agreement is concluded for an indefinite period between the Buyer and the Seller regarding the management of the Account on the principles indicated in the Regulations.
The Buyer may resign from the Account at any time without incurring any costs.
In order to resign from the Account, you should send your resignation to the Seller at the e-mail address: contact@smoothwizard.com, which will result in immediate deletion of the Account and termination of the agreement regarding maintaining the Account.
§ 5 COMPLAINTS
Complaints regarding the functioning of the Account should be sent to the e-mail address [email protected]
The Seller will consider the complaint within 14 days.
OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND FINDING CLAIMS
If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
Mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which the request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
Assistance from the competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
The ODR online platform available at: http://ec.europa.eu/consumers/odr/.
§ 6 PERSONAL DATA
The administrator of personal data provided by the Buyer when using the Store is the Seller.
The Buyer’s personal data are processed on the basis of the contract and for the purpose of its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.
§ 7 RESERVATIONS
The Buyer is prohibited from providing content of an illegal nature.
The Account management agreement is concluded in Polish.
In the event of important reasons referred to in paragraph 4, the Seller has the right to change these Account regulations.
Important reasons referred to in paragraph 3 are:
the need to adapt the Store to the provisions of the law applicable to the Store’s activity
improving the security of the service provided
changing the functionality of the Account requiring modification of the Account regulations.
The Buyer will be informed of the planned change to the Account regulations at least 7 days before the change comes into effect via an e-mail sent to the address assigned to the Account.
If the Buyer does not accept the planned change, they should inform the Seller by sending an appropriate message to the Seller’s e-mail address [email protected], which will result in the termination of the agreement regarding the management of the Account upon the entry into force of the planned change or earlier, if the Buyer submits such a request.
In a situation where the Buyer does not object to the planned change until it enters into force, it is assumed that they accept it, which does not constitute any obstacle to the termination of the agreement in the future.
In the event of a potential dispute with a Buyer who is not a Consumer, the competent court will be the court with jurisdiction over the Seller’s registered office.
None of the provisions of these regulations exclude or in any way limit the Consumer’s rights resulting from the provisions of law.
Newsletter Terms and Conditions
smoothwizard.com store
§ 1 DEFINITIONS
Newsletter – a free service provided electronically, thanks to which the Service Recipient may receive previously ordered messages regarding the Store from the Service Provider electronically, including information about offers, promotions and new products in the Store.
Store – smoothwizard.com online store run by the Service Provider at https://smoothwizard.com/ Service Provider – Artur Spychalski, entrepreneur running business activity under the name SkullMedia Artur Spychalski, entered into the Central Register and Information on Business Activity run by the Minister of Development and Finance, NIP 5922292367, REGON no. 524191477.
Service recipient – any entity using the Newsletter service.
§ 2 Newsletter
The Service Recipient may voluntarily use the Newsletter service.
To use the Newsletter service, a device with the latest version of a web browser supporting JavaScript and cookies, with access to the Internet and an active e-mail account is required.
E-mails sent as part of this service will be sent to the e-mail address provided by the Service Recipient when signing up for the Newsletter.
In order to conclude an agreement and sign up for the Newsletter service, the Service Recipient, in the first step, provides their e-mail address in the designated place on the Service, to which they wish to receive messages sent as part of the Newsletter. Then, to the e-mail address provided in the first step, the Service Provider will send the Service Recipient a message verifying the e-mail address, which will contain a link for the Service Recipient to confirm their will to sign up for the Newsletter. After the Service Recipient confirms their will to subscribe to the Newsletter, a service provision agreement is concluded and the Service Provider will begin providing the service to the Service Recipient.
Messages sent as part of the Newsletter will include information on the possibility of unsubscribing from it, as well as a link to unsubscribe.
The Service Recipient may unsubscribe from the Newsletter, without giving a reason and incurring any costs, at any time, using the option referred to in paragraph. 5 or by sending a message to the Service Provider’s e-mail address: contact@smoothwizard.com
The Service Recipient’s use of the link to unsubscribe from the Newsletter or sending a message requesting unsubscription from the Newsletter will result in immediate termination of the agreement regarding the provision of this service.
§ 3 Complaints
Complaints regarding the Newsletter should be reported to the Service Provider at the following e-mail address: contact@smoothwizard.com
The Service Provider will respond to the complaint within 14 days of receiving the complaint.
§ 4 Personal data
The administrator of personal data provided by the Service Recipient when using the Newsletter is the Service Provider.
The Service Recipient’s personal data are processed on the basis of the agreement and for the purpose of its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.
§ 5 Final Provisions
The Service Provider reserves the right to change these regulations only for important reasons. An important reason is understood as the need to change the regulations caused by the modernization of the Newsletter service or a change in legal regulations that affects the provision of the service by the Service Provider.
Information about the planned change of the regulations will be sent to the e-mail address of the Service Recipient provided at the time of signing up for the Newsletter at least 7 days before the changes come into effect.
If the Service Recipient does not object to the planned changes until they come into effect, it is assumed that they accept them.
In the event of non-acceptance of the planned changes, the Service Recipient should send information about this to the Service Provider’s e-mail address: contact@smoothwizard.com, which will result in the termination of the service agreement upon entry into force of the planned changes.
The Service Recipient is prohibited from providing content of an illegal nature.
Last modification of the regulations: 01/09/2023.
