Terms and Conditions

Terms and Conditions of the online shop SmoothWizard

Describing terms and regulations of provided sales, containing most important information regarding the Seller, the Shop and the rights of the Customer.

§ 1 Definitions

§ 2 Seller’s contact informations

§ 3 Technical requirements

§ 4 Purchases

§ 5 Payments

§ 6 Contract execution

§ 7 Withdrawal from the contract

§ 8 Exceptions to withdrawal from the contract

§ 9 Refunds

§ 10 Personal Information

§ 11 Caveats

§ 12 Provisions regarding Buyers not considered Customers

Attachment 1: template form for withdrawal from the contract

§ 1 DEFINITIONS

Working days – days from monday to friday with the exception of statutory holidays.

Account – regulated through a separate set of terms and conditions, free, online function of the Shop allowing the Buyer to create their personalised Shop account.

Consumer – A consumer in accordance with the Civil Code.

Buyer – Every subject making a purchase in the Shop.

Terms and Conditions – the current set of rules, terms and conditions (as viewed).

Shop – an online shopping platform smoothwizard.com, directed by the Seller at https://smoothwizard.com/

The app – the app “SmoothWizard”, a software utilising an active, subscription-based licence from the customer’s account. The up-to-date version of the app can be found at https://app.smoothwizard.com/

Seller – Artur Spychalski, CEO of SkullMedia Artur Spychalski, registered in the Central Register and Information on Economic Activity run by the Minister of Development and Finance, NIP 5922292367, REGON 524191477.

§ 2 SELLER’S CONTACT INFORMATION

E-mail: [email protected]

Discord: https://discord.smoothwizard.com

§ 3 TECHNICAL REQUIREMENTS

The following are required to ensure a smooth and proper functionality of the Shop:

Device with a stable Internet connection.

Internet Browser supporting JavaScript and Cookies.

For placing orders in the Shop, except for the requirements stated in Act 1, an active e-mail account is also required.

§ 4 PURCHASES

Subscription prices shown in the Shop do include the tax. (VAT)

The Seller kindly reminds that the prices presented in the Shop include the licence price and, in cases it applies, delivery fees.

Selected licence may be added to the cart on the Shop’s website.

The Seller shall then proceed to select the desired payment method from those provided by the Shop and provide additional information required to fulfil the order (an active e-mail address or a discord tag).

The order is placed with the confirmation from the Buyer of the order’s contents and accepting the Terms and Conditions.

The Seller will provide the Buyer with a confirmation of the sale no later than with the completion and the delivery of the order.

The Buyer may register their account in the Shop or make a purchase without an active account by providing required information with each placed order.

§ 5 PAYMENTS

For the placed order, the Buyer can pay according to their own preference through:

-Bank transfer

-Credit/Debit Card

-Visa

-MasterCard

Or through a third-party payment platforms:

-CashBil

-PayPal

When choosing the option to pay in advance, the Buyer is obligated to fulfil the payment within 7 working days from placing the order.

The Seller kindly reminds that in case of some of the provided payment methods, due to their nature, fulfilling the payment may only be possible directly after placing the order.

*subscription is an option for automatic extension of the purchased licence through regular payments made either through automatic methods or by manual purchases

§ 6 CONTRACT EXECUTION

The App Licence is being automatically added to the Account based on the active subscription, renewed automatically or manually, which can be checked and adjusted on the “My Account” page of the Shop.

The Seller reserves the right to change the purchased licence in special cases for a different one with active effects or pricing similar or high to the one purchased after notifying the Buyer about the chance.

The Seller is obligated to notify the Consumer about any potential delays or difficulties at the first possible notice and to work out potential solutions

§ 7 WITHDRAWAL FROM THE CONTRACT

The Consumer has the right to withdraw from the contract with the Seller through the Shop, in accordance with the § 8 of Terms and Conditions, within 14 days without providing a reason before the completion and the delivery of the order.

To withdraw from the contract, the Buyer is obligated to contact the Seller using the methods provided in § 2 of the Terms and Conditions about their decision.

The Consumer may, but is not obligated to, use the withdrawal form attached at the end of the Terms and Conditions.

To retain the right of withdrawal from the contract, the Consumer is only required to notify the Seller about using said right before the expiry of the right.

The Seller reserves the right to refuse the withdrawal if the active licence is currently in use within the App.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

In case of a withdrawal from the contract, the Seller is obligated to refund all payments received in accordance to the contract back to the Consumer.

The refund is being done through the same payment methods used to fulfil them by the Consumer, unless the Consumer agrees to a change in method. The Consumer is not being charged for refunds or for associated fees.

In case of a payment being fulfilled through a credit/debit card, the Seller will provide a refund through a bank transfer to the associated back account.

§ 8 EXCEPTIONS TO WITHDRAWAL FROM THE CONTRACT

The Consumer is not entitled to the right to withdraw from the contract if relations to contracts:

-In which the licence has been delivered and activated in accordance with previously stated regulations.

-For electronically-saved data, if it was done in mutual agreement between the Seller and the Consumer.

-Where the Consumer was informed by the Seller about the expiry of the Consumer’s right to withdrawal.

§ 9 REFUNDS

In a case of problems resulting in a faulty licence app, the Consumer may request a refund for their subscription.

The consumer may:

-request the price to be lowered due to emerging issues.

-request a withdrawal from the contract in case of clear and serious issues caused by the licence app.

-Demand a fix to the emerged issue (the Seller reserves the right to refuse the refund if the issues provided could be a result of external factors – such as, but not limited to, incorrect usage and/or exploitation of hardware and software by the Consumer, manually changing the settings to different than set by the service).

The refunds may be requested by contacting
[email protected]

If it becomes apparent that additional information is essential to positively consider the refund request, the Consumer is required to provide them to the Seller over Discord.

Refunds in relation to the proper functionality of the Shop are to be forwarded to the e-mail in § 2 of the Terms and Conditions.

The Seller reserves the right to change the form of the refund – fixing the issue instead of refunding the payment in cases when a refund is not possible or would result in excessive additional costs for the Seller.

EXTRAJUDICIAL WAYS OF REFUNDING AND SEEKING CLAIMS

In a case where the Consumer is not satisfied with the results of their refund request, they may seek:

Mediation through the corresponding Provincial Inspectorate of Trade Inspection, where the Customer should request for mediation. The request is free of charge. The list of Inspectors can be found under the link:
https://www.uokik.gov.pl/wazne_adresy.php#faq595

Help of the corresponding permanent amicable consumer court working with the Provincial Inspectorate of Trade Inspection, where the Customer should request for help before arbitration court. The request is free of charge. The list of courts is available under the link:
https://www.uokik.gov.pl/wazne_adresy.php#faq596

Free help of the local Consumer Advocate.

Online platform ODR under the link
http://ec.europa.eu/consumers/odr/

§ 10 PERSONAL INFORMATION

The Seller is the sole administrator of all the personal data provided by the Buyer while using the Shop.

Personal information of the Buyer is processed for execution of the contract in accordance with the general regulations of European Parliament and Councils (EU) in regards to safety of personal data (GDPR). Detailed information regarding the processing of personal information by the Seller is contained in the Privacy Policy in the Shop.

§ 11 CAVEATS

The Buyer is forbidden from posting any unlawful content.

Each singular purchase in the Shop formulates a separate contract and requires individual acceptance of the Terms and Conditions. The contract is fixed-time and until the execution and delivery of the order.

Each extension of a subscription is treated as a separate order.

The contracts established based on the Terms and Conditions are established in a language selected by the Consumer in the Shop.

None of the points of the Terms and Conditions limit or deny the Consumer’s privileges established by the law.

§ 12 PROVISIONS REGARDING BUYERS NOT CONSIDERED CONSUMERS

The right to withdraw from the contract does not apply to subjects other than Consumers.

The Seller is free from all and any responsibilities regarding contracts made with Buyers who are not Consumers.

In a case of a potential dispute between the Seller and the Buyer who is not considered a Consumer, the matter should be taken to the court in the same region as the HQ of the Seller.

Provisions 1, 2 and 4 of the § 12 of Terms and Conditions do not apply to any natural person running a sole proprietorship in a case when the purchased service is not directly related to the Buyer’s activity or speciality. In such a case the Buyer running a sole proprietorship may request a withdrawal from the contract on the same terms as a Consumer.

Attachment 1: template form for withdrawal from the contract

Presented here is a template form for withdrawal from contract requests which the Consumers may, but are not obligated to, use.

TEMPLATE FORM FOR WITHDRAWAL FROM THE CONTRACT

(This form should be filled out and sent only with the desire to request a withdrawal from the contract)

SkullMedia Artur Spychalski

E-mail: [email protected]

-I, ……………., request a withdrawal from the contract regarding purchasing the following service(s):

…………………………………………………………………………………………………………………………………………………………………………………………………………

– Purchase date: …………………………………………………………………………………………………………………………………………………………………………………

– Name and surname: …………………………………………………………………………………………………………………………………………………

– Address:
………………………………………………………………………………………………………………………………………………………………..

Date ……………………………………..

Account Terms and Conditions

Terms and Conditions related to the User Account within the smoothwizard.com Shop

§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical requirements

§ 4 User Account

§ 5 Refunds

§ 6 Personal information

§ 7 Caveats

§ 1 DEFINITIONS

Account – regulated through a separate set of terms and conditions, free, online function of the Shop allowing the Buyer to create their personalised Shop account.

Buyer – Every subject making a purchase in the Shop.

Shop – an online shopping platform smoothwizard.com, directed by the Seller at https://smoothwizard.com/

§ 2 SELLER’S CONTACT INFORMATION

E-mail: [email protected]

Discord: https://discord.smoothwizard.com

§ 3 TECHNICAL REQUIREMENTS

The following are required to ensure a smooth and proper functionality of the Shop:

An active e-mail account.

Device with a stable Internet connection.

Internet Browser supporting JavaScript and Cookies

§ 4 User Account

Creation of the User Account is entirely voluntary and dependent solely on the Buyer’s preference.

The Account enables additional functionalities to the Buyer, such as but nor limited to: browsing the purchase history of the Buyer, checking the order status, checking and managing the subscription, managing and editing the information required for the function of the SmoothWizard App, manual editing of personal information of the Buyer.

In order to create a User Account within the Shop, a designated form has to be submitted.

With the creation of the User Account, an indefinite contract between the Buyer and the Seller is established addressing the management of the User Account in accordance with the Terms and Conditions.

The Buyer may resign from the User Account without any additional costs.

In case of a resignation from the User Account, the Buyer shall contact the Seller about it at [email protected], which will result in deletion of the account and termination of the contract regarding the User Account on the first notice.

§ 5 REFUNDS

Refunds regarding the User Account’s functionality shall be relayed to the following e-mail address:

[email protected]

The Seller will respond to the refund request within the next fortnight.

EXTRAJUDICIAL WAYS OF REFUNDING AND SEEKING CLAIMS

In a case where the Consumer is not satisfied with the results of their refund request, they may seek:

Online platform ODR under the link
http://ec.europa.eu/consumers/odr/

§ 6 PERSONAL INFORMATION

The Seller is the sole administrator of all the personal data provided by the Buyer while using the Shop.

§ 7 CAVEATS

The Buyer is forbidden from posting any unlawful content.

The contract regarding the User Account is established in Polish language.

In the light of important events, in accordance with act 4, the Buyer is entitled to implementation of changes to the following User Account Terms and Conditions.

Aforementioned lawful important events are:

The need to adjust the Shop to changes in law in relation to the nature of the Shop.

Safety improvements of delivered services.

Changes in the functionality of the User Account which would require changes in the User Account Terms and Conditions.

The Buyer will be notified about the incoming update to the Terms and Conditions at least 7 days before the update is live via an e-mail message sent to the e-mail address associated with the User Account.

In a case when the Buyer does not accept with the implemented changes, they should contact the Seller about it by sending an e-mail to the [email protected] e-mail address, which will result in the termination of the contract related to the User Account at the time of implementation of the Terms and Conditions changes or sooner, if the Buyer states such desire.

In a case when the Buyer does not state their objection to the changes before they are implemented, it will be assumed that the Buyer is content with the changes and accepted them, which will not be an obstacle to the potential termination of the contract at the later date.

In a case of a potential dispute between the Seller and the Buyer who is not considered a Consumer, the matter should be taken to the court in the same region as the HQ of the Seller.

None of the points of the Terms and Conditions limit or deny the Consumer’s privileges established by the law.

Newsletter Terms and Conditions

Terms and Conditions of the Newsletter of the smoothwizard.com Shop

§ 1 DEFINITIONS

Newsletter – free, online service allowing the Service Recipient to receive previously requested updates regarding offers, sales and upcoming changes in the Shop from the Service Provider.

Shop – and online shopping platform smoothwizard.com run by the Service Provider under the link https://smoothwizard.com/

Service Provider – Artur Spychalski, CEO of SkullMedia Artur Spychalski, registered in the Central Register and Information on Economic Activity run by the Minister of Development and Finance, NIP 5922292367, REGON 524191477.

Service Recipient – every subject using the Newsletter service.

§ 2 Newsletter

Service Recipients may voluntarily choose to use the Newsletter.

A device with an up-to-date Internet browser supporting JavaScript and cookie files, with access to the Internet, and an active e-mail address are necessary to use the Newsletter.

The Newsletter e-mails will be sent to the e-mail address provided by the Service Recipient upon signing up for the Newsletter.

The Service Recipient, in order to sign the contract and sign up for the Newsletter, must first provide an active e-mail address on which they wish to receive the Newsletter e-mails in the corresponding spot within the Shop.

Nextly, the Service Provider will send a verification e-mail on the e-mail address provided by the Service Recipient which will contain a link which the Service Recipient needs to click in order to confirm they are willingly signing up for the Newsletter. After clicking the link, a contract between the Service Provider and Service Recipient will be established and the Service will be provided from that point onwards.

Each Newsletter e-mail will contain information with an attached link regarding the ability to cancel the service.

The Service Recipient can sign out of the Newsletter at any time, without providing a reason and without any additional costs by using the aforementioned method or by sending an e-mail to the Service Provider at:
[email protected]

Clicking the link leading to the cancelling of the Newsletter by the Service Recipient or by sending the e-mail on the matter to the Service Provider may result in the termination of the contract in relation to the Newsletter service on the first notice.

§ 3 Refunds

Refunds regarding the Newsletter shall be forwarded to the Service Provider by e-mail at the address:
[email protected]

The Server Provider will see to the refund request within 14 days from receiving the e-mail.

§ 4 Personal Information

The Service Provider is the sole administrator of all the personal data provided by the Service Recipient while using the Newsletter service.

Personal information of the Service Recipient is processed for execution of the contract in accordance with the general regulations of European Parliament and Councils (EU) in regards to safety of personal data (GDPR). Detailed information regarding the processing of personal information by the Service Provider is contained in the Privacy Policy in the Shop.

§ 5 Finishing statements

The Service Provider reserves the right to update the above Terms and Conditions only on account of important events. Examples of such important events are but are not limited to: modernization of the Newsletter service, changes to the law in regards to the service provided.

The Service Recipient will be notified about the incoming update to the Terms and Conditions at least 7 days before the update is live via an e-mail message sent to the e-mail address provided during the process of signing up for the Newsletter.

In a case when the Service Provider does not state their objection to the changes before they are implemented, it will be assumed that the Service Provider is content with the changes and accepts them.

In a case when the Service Provider does not accept with the implemented changes, they should contact the Seller about it by sending an e-mail to the [email protected] e-mail address, which will result in the termination of the contract related to the User Account at the time of implementation of the Terms and Conditions changes or sooner, if the Service Recipient states such desire.

The Service Provider is forbidden from posting any unlawful content.

Ostatnia modyfikacja regulaminów: 01.09.2023r.

SmoothWizard