Statute

Terms of Use and Terms of Sale of Onemarkt.com.pl

Welcome to Onemarkt.com.pl

Onemarkt.com.pl and related entities provide the content of the website and other products and services to users visiting the Onemarkt.com.pl website (“website”) or making purchases on it, using Onemarkt.com.pl products or services using the mobile application or from software provided by Onemarkt.com.pl in connection with any of the above services (collectively referred to as “Onemarkt Services”). Onemarkt.com.pl provides Onemarkt Services and sells, among others: their products/services under the terms and conditions set out on this website. Onemarkt.com.pl is a trade name.

Terms of use

Before using the Onemarkt.com.pl Services, please read these terms and conditions carefully. By using the Onemarkt.com.pl Services, you agree to comply with these terms.

We offer a wide range of services to which additional terms and conditions may apply in certain situations. When using the Onemarkt.com.pl Service (for example, your Account, Gift Cards or the application), you are also subject to the terms, conditions and guidelines applicable to the given Service (“Terms of Service”). In the event of a conflict between these Terms of Use and the Terms of Service, the Terms of Service will control.

Infringement Notice and Claim Procedure

1 PRIVACY PROTECTION

Please read the Privacy Notice and the Cookies and Online Advertising Notice.

2 ELECTRONIC COMMUNICATION

By using any Onemarkt.com.pl Service or sending e-mails, text messages or other types of correspondence from your computer or mobile device, you are communicating with us electronically. We will communicate with you using various electronic communication channels, including e-mail, text messages, in-app push notifications, and by posting e-mails or messages on the website or other Onemarkt.com.pl Services. , such as Notification Center. For the purposes of the contract between us, you consent to receive communications from us electronically and acknowledge that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, except cases in which mandatory legal provisions require a different form of communication.

3 COPYRIGHT AND DATABASE RIGHTS

All content included in or made available through any Onemarkt.com.pl Service, including text, graphics, logos, button icons, images, audio files, digital downloads and data compilations, is the property of Onemarkt.com.pl or entities providing Onemarkt.com.pl content and are subject to legal protection under international copyright regulations and database rights. Compilations of all content contained in any Onemarkt.com.pl Service or made available through it constitute the exclusive property and are protected under international copyright protection and database rights.

You are not permitted to download and/or re-use content elements of any Onemarkt.com.pl Service without our express written consent. In particular, without our express written consent, you are not permitted to use any bulk data gathering or data mining tools, robots or similar data gathering and extraction tools to download (single or multiple times) any material content elements of any Onemarkt Service .com.pl for their secondary use. Without our express written consent, you are also not entitled to create and/or publish your own databases containing essential elements of any Onemarkt.com.pl Service (e.g. our price lists and product offers).

​4 TRADEMARKS

Graphics, logos, page headers, button icons, scripts and names of services and websites constituting an element of any Onemarkt.com.pl Service or made available through it constitute trademarks or objects of industrial design and layouts of Onemarkt.com.pl products and services. Trademarks and objects of industrial design and layouts of Onemarkt.com.pl products and services may not be used in connection with any products or services that are not Onemarkt.com.pl products or services in any way that could mislead customers, or in any way in a way that discredits or depreciates Onemarkt.com.pl. All other trademarks not belonging to Onemarkt.com.pl that appear as part of any Onemarkt.com.pl Service are the property of their respective owners, which may be entities related to Onemarkt.com.pl or sponsored by Onemarkt.com.pl , as well as other entities.

5 PATENTS

One or more patents apply to this website, certain features and services.

6 LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and the applicable Terms of Service and your payment of any applicable fees, Onemarkt.com.pl or the providers that make certain content available to Onemarkt.com.pl grant you a limited, non-exclusive and non-transferable license, without the right to granting sublicenses to access and use the Onemarkt.com.pl Services for your own, non-commercial use. This license does not include the right to resell any Onemarkt.com.pl Service or the content contained therein or use them for commercial purposes, the right to collect and use product offers, product descriptions or pricing information, or the exercise of derivative rights to the Onemarkt.com Service .pl or the content contained therein, downloading or copying account information for the benefit of another entity conducting commercial activities, or the right to use tools for wholesale data collection or mining (data mining), robots or similar tools used for collection and extraction data.

Onemarkt.com.pl, or its licensors, suppliers, publishers, rights holders and other entities that provide Onemarkt.com.pl with certain content, reserve and retain all rights not expressly granted to you under these Terms of Use or Terms of Service. You may not reproduce, duplicate, copy, sell, resell or display any Onemarkt.com.pl Service or any part thereof, or otherwise use it for commercial purposes without our express written consent.

Furthermore, without the express written consent of Onemarkt.com.pl, you may not crop or use framing techniques to isolate any Onemarkt trademark, logo or other proprietary information (including images, text, page layout or form). You also have no right to use any meta tags or other type of “hidden text” utilizing Onemarkt’s name or trademarks without Onemarkt’s express written consent.

You may not use the Onemarkt Services in an unauthorized or inconsistent manner. You may use the Services only as permitted by law. The licenses granted by Onemarkt to use the Onemarkt Services terminate in the event of your failure to comply with these Terms of Use or the Terms of Service.

7 YOUR ACCOUNT

To use some Onemarkt.com.pl Services, you may be required to have your own Onemarkt.com.pl account, to which an appropriate payment method is assigned, and to log in to such an account. If you are unable to complete a payment using your chosen payment method, we may charge you for the payment in question using any other valid payment method associated with your account.

If you use any Onemarkt.com.pl Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you are responsible for all activities that occur under your account or password: (i) by You or anyone with whom you have shared your account or password; or (ii) as a direct result of your failure to maintain the confidentiality of your account and password. You should take all necessary steps to safeguard your password and keep it confidential and notify us immediately if you believe that your password has been obtained or is being used in an unauthorized manner or is likely to be used. in this way. You are responsible for ensuring that the data you provide to us is correct and complete and for informing us whenever it changes. The My Account tab on our website allows you to access and update much of the data you have provided to us, including information about your account settings.

It is prohibited to use any Onemarkt.com.pl Service: (i) in a way that would or could cause an interruption or disruption of the functioning or damage of any Onemarkt.com.pl Service or access to it, (ii) for illegal purposes, in connection with the commission of a criminal offense or other unlawful act, or (iii) to cause any nuisance, inconvenience or anxiety.

We reserve the right to refuse to provide service or close your account if you violate applicable laws, applicable contractual provisions, our guidelines or policies, the content of which is available on our website. Notwithstanding any restriction of your use of the Services or termination of your account, you will have the right to continue to access the content and services you have purchased up to that point.

8 REVIEWS, COMMENTS, NEWS AND OTHER CONTENT

Visitors to the website may post reviews, comments and other content on the website; send e-cards and other messages; submit suggestions, ideas, comments, questions and provide other information, as long as the content is not unlawful, obscene, offensive, threatening or defamatory, does not violate privacy or intellectual property rights or otherwise causes harm to third parties and does not raise any objections, does not contain computer viruses, does not bear any signs of a political or commercial campaign and is not sent as part of the so-called chain letters, mass mailings or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise engage in any misrepresentation as to the origin of a card or other content. We reserve the right to remove or edit such content (however, unless we receive a Report Form, we are under no obligation to do so). If you believe that the inclusion of any item or information as part of any Onemarkt.com.pl Service violates your intellectual property rights, please inform us by completing and sending us the Report Form, to which we will respond.

Unless otherwise indicated by Onemarkt.com.pl, by posting any content on the website or sending materials, you grant: (a) Onemarkt.com.pl a non-exclusive, free of charge and fully transferable right (including the full right to grant sublicenses) to use, reproduce , modify, adapt, publish, translate, distribute and display and create derivative works of such content or materials worldwide and on any media, as well as (b), Onemarkt.com.pl sublicensees and rights acquirers of Onemarkt.com.pl – the rights to use, in accordance with the selection of the above-mentioned entities, name or name and surname provided by you in connection with posting the content. This provision does not constitute the basis for the transfer of moral rights.

The grant of rights made above is irrevocable for the entire period of protection of intellectual property rights you have in relation to the given content or materials, to which you hereby consent. To the extent permitted by law, you undertake not to exercise your right to be identified as the author of such content and the right to object to activities violating their integrity. You agree to take all further actions necessary to give effect to the above rights granted by you to Onemarkt.com.pl, including signing, at Onemarkt.com.pl’s request, additional documents.

You represent and warrant that you own the rights to the content/products posted by you on the website or otherwise have control over them; that, as of the date of posting the content or materials on the website: (i) the content and materials are accurate; and (ii) use of the content and materials you provide does not violate any relevant Onemarkt policies or guidelines and will not cause harm to any person or entity (including that the content or material in question is not defamatory). You may be liable for breach of these representations and warranties under civil or criminal law, as applicable.

9 INTELLECTUAL PROPERTY CLAIMS

Onemarkt.com.pl respects the intellectual property of third parties. If you believe that your intellectual property rights have been used in a way that raises concerns that they may have been infringed, please follow the information provided in the section entitled: Form and procedure for reporting infringement claims.

10 TERMS OF USE OF THE Onemarkt SOFTWARE

In addition to these Terms of Use, any software (including any software updates and enhancements and any related documentation) that we make available to you from time to time for use in connection with the Onemarkt Services (“Onemarkt Software”) is subject to the terms available at this link.

11 OTHER ACTIVITIES

Activities related to running stores, providing services and selling products on this website are also conducted by entities other than Onemarkt.com.pl. In addition, we provide links to the websites of related entities and other entrepreneurs. We are not responsible for examining or evaluating these entrepreneurs or persons or the content posted on their sites, and we make no guarantees with respect to their offerings. Onemarkt.com.pl is not responsible for the actions of any of the above persons or any other third parties, or for the products or content posted by them. You have the ability to tell when a third party is involved in your transaction. We, in turn, may transfer your data to such a third party in connection with the concluded transaction. Therefore, you should carefully read the privacy notice and other terms of use of the websites of such third parties.

12 ROLE OF ONEMARKT

Onemarkt.com.pl enables third-party sellers to list and sell products on the Onemarkt.com.pl website. In such a case, appropriate information is always posted on the relevant product detail page. Although Onemarkt facilitates the conclusion of transactions through the Onemarkt.com.pl platform, it does not act as a seller or buyer in relation to the products offered by the seller. Onemarkt provides a platform for sellers and buyers to negotiate/sell/buy and complete transactions. Due to the above, only the seller and the buyer are the parties to the contract concluded in connection with the sale of third-party products. Onemarkt is not a party to such an agreement and does not accept any liability under or in connection with it, nor does it act as an agent or intermediary of the seller. The entity responsible for the sale of products, handling any claims of the buyer and other issues arising from the contract concluded between the seller and the buyer or arising in connection with it remains the seller.

13 OUR RESPONSIBILITY

We make every effort to ensure the uninterrupted availability of the Onemarkt Services and error-free data transmission. However, due to the nature of the Internet, we cannot provide any guarantee in this respect. In addition, access to the Onemarkt Services may be suspended or restricted from time to time to allow for repairs or maintenance or the introduction of new facilities or services. We will strive to limit the frequency and duration of any suspension or limitation of the availability of services. The above provision does not limit Onemarkt’s legal liability.

In terms of relationships with professionals (entrepreneurs), Onemarkt is not liable for (i) losses that are not caused by any breach on the part of Onemarkt, and (ii) any economic losses (including loss of profits, revenues, orders, anticipated savings, data or goodwill and wasted expenditure), and (iii) any indirect or consequential loss which neither party could have foreseen when you started using the Onemarkt Services.

We will not be liable for any delay in performance or failure to perform our obligations under these terms and conditions if the delay or failure is due to force majeure.

The laws of some countries do not allow some or all of the above limitations. If such laws apply to you, then some or all of the above limitations may not apply to you and you may have additional rights.

Nothing in this provision limits or excludes our liability for misrepresentation or for causing death or personal injury resulting from our negligence or willful misconduct.

14 APPLICABLE LAW

These terms and conditions are subject to Polish and international law. Both parties submit to the non-exclusive jurisdiction of the courts in the district where Onemarkt is headquartered, which means that in order to enforce your rights under consumer protection laws in connection with these Terms of Use, you may bring an action in a court in Krakow, Poland.

Because we prefer to resolve reports directly with our users, we do not participate in alternative consumer dispute resolution procedures. If you would like to draw our attention to specific issues, please contact us.

15 EXPORT CONTROLS

You undertake not to export, re-export or transfer any products (including software and other digital products) purchased by you on the website to any country, person, business, organization or entity for which such export is subject prohibition or restriction resulting from legal provisions. For example, economic sanctions and embargoes imposed by the European Union, the United Nations, the U.S. Departments of State, Treasury or Commerce or other government authorities (such as embargoes on specific countries or economic sanctions on individuals or businesses for conducting terrorist activities or crimes related to money laundering) may prohibit taking products to other countries – even for your own personal use – and/or sending products (either by physical shipment via post or electronically via e-mail or file sharing) to specific persons, businesses , organizations or entities. You further undertake not to purchase any products or services from the website if you are subject to restrictions (sanctions).

16 CHANGES TO THE SERVICES AND CHANGES TO THE TERMS OF USE

When using Onemarkt Services, you are subject to Onemarkt’s policies and terms of use of the Services, Onemarkt.com.pl, including these Terms of Use and Terms of Service as applicable at the time you use the Onemarkt Services. If you have a Onemarkt account, and unless the change does not unfairly disadvantage you, we may change the policies and terms of use of the Onemarkt.com.pl Services, including these Terms of Use and Terms of Service, or any part thereof , at any time for the following reasons: legal or regulatory reasons; For safety reasons; to improve existing features or supplement our Services with additional features; to introduce changes resulting from technological progress; make reasonable technical adjustments to our Services; as well as to ensure the continuous availability of our Services. If changes are made, we will inform you in due time and remind you of your right to terminate the use of the affected Service or Onemarkt Services without notice. Your continued use of the Services after such changes become effective will be deemed acceptance of such changes. In such a situation, the amended versions of these Terms of Use and Terms of Service will apply to any further contractual relationship between us. You will still have the option to cancel your Onemarkt account at any time. If any change is for any reason held to be invalid or unenforceable, then such change will be deemed to be severe and will not affect the validity and enforceability of any remaining change or condition. Subject to the same conditions, we reserve the right to make changes to any Onemarkt Services at any time.

17 WAIVER

If we fail to respond to your breach of these Terms of Use, we retain the right to pursue all of our rights and remedies in the event of any other breach by you of these Terms of Use.

18 MINORS

The products we sell are not intended for purchase by minors. The children’s products we sell are intended for purchase by adults. Persons under 18 years of age may use the Onemarkt Services only under the supervision of a parent or guardian.

19 OUR CONTACT DETAILS

The owner and administrator of this website is Tsuna-mi. Detailed terms of use and terms of sale of other Onemarkt Services, including, for example, the Online Courses Service operated by Tsuna-mi (Cezu ), are available on our website.

For Onemarkt.com.pl

Tsuna-mi, Al. Powstania Warszawskiego 15, 31-539 Kraków

email: kontakt@cezu.com.pl

20 NOTICE OF INFRINGEMENT AND PROCEDURE FOR MAKING CLAIMS

If you find that your intellectual property rights have been violated, submit a complaint via the electronic contact form. This form may be used to submit all types of claims relating to intellectual property rights, including, but not limited to, claims relating to copyrights, trademarks, designs and patent claims.

Upon receipt of a complaint, we may take appropriate action, including removing the information or item and, in appropriate circumstances, terminating repeat infringers. Any foregoing action will be undertaken without any acknowledgment of liability and without prejudice to any rights, remedies and rights of action, all of which are hereby expressly reserved. These measures include filing a complaint with those involved in sharing the allegedly infringing content. You may be held liable if your submission violates the law, including for providing false or misleading information, under applicable civil or criminal law.

Information about Third Party Seller Offers: Please be advised that Third Party Seller offers are made public only on the basis of advertisements published on behalf of such Third Party Sellers, who can be contacted through the Seller Information page, accessible from any page containing the products of a given Third Party Seller.

Please note: providing Onemarkt.com.pl false, misleading or inaccurate information in the Application Form may result in civil and/or criminal liability. If you have any questions or concerns, we recommend contacting a legal advisor.

ADDITIONAL TERMS OF USE OF THE ONEMARKT SOFTWARE

Using the Onemarkt Software. This software may only be used to enable you to use the Onemarkt Services in the manner specified by Onemarkt and permitted by the Terms of Use, these Software Terms of Use and any Service Terms. You may not incorporate any part of the Onemarkt Software into your own programs, compile any part of the Onemarkt Software with your own programs, transfer it for use with another service, or sell, lease, rent, loan, lend or distribute the Onemarkt Software as also granting sublicenses or otherwise transferring any rights to the Onemarkt.com.pl Software, either in whole or in part. The Onemarkt software may not be used for illegal purposes. We may discontinue providing any Onemarkt Software and your right to use any Onemarkt Software if you fail to comply with any of these Software Terms, the Terms of Use or any other applicable and binding Terms of Service (or any software that has been linked to it). incorporated), additional third party terms and conditions may apply that are included or distributed with the Onemarkt Software and are specifically identified in the documentation relating to it. The above third party terms and conditions will govern your use of such software in the event of any conflict between such terms and these Terms of Use. All software used as part of any Onemarkt Service is the property of Onemarkt or entities providing Onemarkt with the software and is protected under Polish and international copyright laws.

Use of third party services. It is possible that when you use the Onemarkt Software, you will also use the services of one or more third parties, such as providers of wireless communications media or mobile platforms. When you use third party services, you may be subject to different policies, terms of use and fees set by such third parties.

Reverse engineering is prohibited. Except for cases where it is expressly permitted by mandatory provisions of law, it is not permitted to copy, modify or make the so-called reverse engineer, decompile or deconstruct the Onemarkt Software in part or in whole, manipulate it in any other way or prepare any derivative works of the Onemarkt.com.pl Software or based on it, or induce, support or authorize other persons to perform such activities.

Updates. In order to keep the Onemarkrt Software up to date, we may offer automatic or manual updates at any time without notice to you.

Conditions of Sale

SCOPE OF APPLICATION

These Terms of Sale govern the sale of products by Onemartk

We offer a wide range of Onemartk Services, to which additional terms and conditions may apply in certain cases. When you use the Onemartk Service (for example, your Account, Gift Cards, mobile applications, Notification Center), you are also subject to the terms, conditions, policies and guidelines applicable to the applicable Service (“Terms of Service”). In the event of any discrepancies between these Terms of Sale and the Terms of Service, the Terms of Service shall prevail.

Before using the services at Onemartk, please read these terms and conditions carefully. By using the Onemarkt website and Onemarkt partners and products, you agree to be bound by these terms and conditions.

You consent to receiving sales invoices electronically. Electronic invoices will be made available in PDF format.

All prices are inclusive of VAT at the applicable rate or any other tax or fee required by the State.

PRICES

Despite our best efforts, there is a risk that a small number of items in our catalog may have been priced incorrectly. When processing your order, we will verify the correctness of the quoted price before accepting your payment. If it turns out that there was an error on our side, please let us know.

DELIVERY

Unless otherwise agreed, delivery will be made to the delivery address you provide. On our website you will find information on the availability of products sold by customers. Please be advised that any information regarding product availability, shipping or delivery is indicative only and is an estimate and does not constitute binding or guaranteed shipping or delivery dates, unless otherwise expressly stated in the shipping options.

DUTIES

When ordering products from Onemarkt for delivery outside the European Union, you may be required to pay import duties and taxes, which are levied once the shipment reaches its designated destination. You will also be responsible for any additional customs clearance costs, which are beyond our control. Customs policies applicable in individual countries may vary significantly. You should contact your local customs office for additional information.

We make every effort to maintain professional standards of providing services to our clients. However, we shall not be liable in the event of delay or breach of our contractual obligations if the delay or breach is due to force majeure.

We use all means available to us to perform the services that are the subject of these Terms of Sale. When using the website or concluding a sales contract between you and the Recipients, we are not liable for any damage that is foreseeable (normal consequences of action or omission). In the scope of cooperation with professionals (entrepreneurs), we are not liable for loss of profits, loss of orders, loss of data or for other indirect damages that neither party could have foreseen at the time of concluding the product sales agreement between us.

The above-mentioned limitation of liability does not apply in the event of fraud, in the event of bodily injury, or in relation to liability arising from defective products, as well as in the event of seizure of the products by legal means and their non-compliance with the specifications (including defects). hidden).

CHANGES TO THE TERMS AND CONDITIONS OF SALE

We reserve the right to make changes to the content of our website, as well as our policies and conditions, including these Terms of Sale, at any time. You will be bound by the terms and conditions, including the Terms and Conditions of Sale, in the form applicable at the time you placed an order for the products, unless a change to the terms, conditions or these Terms and Conditions of Sale is required by law or by the competent authorities (in which case the change may also apply to orders placed by you at an earlier date). If any provision of these Terms of Sale is held to be invalid, invalid or unenforceable for any reason, it will be deemed severable from the remaining provisions and will not affect the validity and enforceability of any remaining provisions.

WAIVER

If we fail to respond to your breach of these Terms of Sale, we retain the right to use all of our rights and remedies in the event of any other breach by you of these Terms of Sale.

MINORS

The products we sell are not intended for purchase by minors. The children’s products we sell are intended for purchase by adults. Persons under 18 years of age may use the Onemarkt website and partners only under the supervision of a parent or guardian.