Rules and regulations of SOTEBUY website

§1 INTRODUCTORY PROVISIONS

1. These rules and regulations specify the principles of operation and use of SOTEBUY website as well as the rights and duties of the Website Owner and the User.
2. Before using the website the User is obliged to read these Rules and Regulations. Commencement to use the Website by the User shall be tantamount with his/her acceptance of the provisions of the Rules and Regulations.
3. The Owner of the Website if SOTE Jakubowicz Spółka Jawna with the registered office at ul. Wolsztyńska 2, 60-361 Poznań, Poland, REGON: 63451780900000, KRS: 0000173954.
4. Users’ personal data is processed in line with provisions of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and with regard to the repealing of Directive 95/46/EC (General Data Protection Regulation, hereinafter: GDPR). Provision and processing of the personal data of the Users is voluntary. The Users have the right to access to the contents of their respective data and to correct it, to demand its removal, transfer, limitation and to file an objection.

§2 Definitions

For the purposes of these Rules and Regulations, it is hereby assumed that the following terms shall have the meaning as follows:

1. (SOTEBUY) website – a website providing tools for opening and maintaining the Internet web pages as well as offering the sale of items and services.
2. The website administrator and the administrator of personal data - SOTE Jakubowicz Spółka Jawna with the registered office at ul. Wolsztyńska 2, 60-361 Poznań, REGON: 63451780900000, KRS: (VAT registration no.) 0000173954.
3. User - a natural or legal person who has set up and uses an account in SOTEBUY website.
4. Privacy policy - a separate document specifying the principles of administering personal data of users, which makes up an Appendix hereto being an integral part of these Rules and Regulations.
5. Remote agreement – an agreement concluded by and between the entrepreneur and the consumer in accordance with the definition of art. 2 point 1 of the Consumer's rights of 30 May 2014 (Journal of Laws of 2014 item 827 as amended).

§3 Principles of use of accounts

1. An agreement for provision of services is concluded upon completion of the registration form, acceptance of the Rules and Regulations and the Privacy Policy and next by activation of the account by clicking on the activation link sent to the User by the Administrator to the e-mail address provided by the User in the registration form.
2. Registering his/her account, the User undertakes to provide their true personal data.
3. The following can be the website users: natural persons of full age i.e. 18 years old, who have full capability for legal acts, legal persons and unincorporated organisational entities, that, however, can in their own name contract liabilities and acquire rights.
4. Moreover, the website can be used by minors over 16 if their parent or guardian has consented thereto, yet in such a case only a free of charge account can be used. At the same time, the persons who under the law or agreement are liable for supervising a minor over 16 shall bear liability for all and any acts of such a User of SOTEBUY, in particularly they shall bear full liability for any damages caused to SOTEBUY or any third parties.
5. SOTEBUY reserves the right to limit the possibilities of setting up user’s accounts to persons provided with special activation codes or to limit the registration of new users only to those recommended by other users.
6. A User must not grant access to their account and data (login and password) to any third parties.
7. A User may use the account free of charge for 30 days in the scope of functions described in the current system documentation available on https://www.sotebuy.com/en/help-center and https://www.sotebuy.com/en/premium
8. The User shall have the right to change their account into a commercial account of wider scope of functionalities described in detail in § 5 point 3 at any moment of his/her use of SOTEBUY.

§4 Contents

1. On their website a User must not publish contents infringing the law, including in particular, aggressive, vulgar or offensive contents as well as erotic contents or contents breaching the rights of the Service Provider or third parties, in this copyrights.
2. On their website a User must not offer any prohibited products, in particular drugs and other intoxicating substances.
3. The Administrator reserves the right to block or remove, without any prior notice, an account where contents are published or products are offered in breach of these Rules and Regulations.
4. Should an account be blocked, the Administrator shall inform the User about it and shall at the same time indicate the reasons thereof. The Administrator shall call for the removal of these reasons within a deadline indicated by the Administrator under the pain of the removal of the account.
5. The fact that an account has been blocked does not mean the agreement has been terminated or has expired. Account blocking shall be understood as preventing the User from accessing the account excluding the service of permanent removal of content, data, information, applications etc. published by the User within their account.
6. The Administrator shall cease blocking the User's account once the reason thereof has ceased to exist.
7. Removal of the account shall be tantamount with the termination of the agreement between the parties with no notice period for reasons attributable exclusively to the User.

§5 Scope of services

1. SOTEBUY offers the Users a free of charge functional account, which can be used only within the functionalities set forth in § 3 point 7 of these rules and regulations and a fee-based commercial account.
2. SOTEBUY may cease providing the free of charge services at any moment and at the same time undertakes to inform the User about it by e-mail sent to the address provided by the User during registration.
3. Within the framework of the Premium service, SOTEBUY guarantees:
   1. individual domain,
   2. option of offering up to 100 products within the framework of the on-line store,
   3. option of adding up to 20 photos,
   4. integration with the PayPal.
   5. up to 200 000 views.
4. Domain and SSL certificate.
   1. Only one domain can be connected to one account.
   2. Each domain must have an SSL certificate.
   3. The cost of the certificate is 100 PLN or 25 EURO. This is an annual fee.
   4. It is not possible to install your own SSL certificates.
5. Product prices.
   1. In SOTEBUY you can add products with a maximum price of 10,000 PLN or 2500 EURO.
   2. Product prices may not include the number 9, except the first digit. Prices are allowed with digit 9, e.g. 9, 90, 927 only if 9 is the first digit. In other cases you can’t use 9 - prices not allowed, e.g. 99, 199, 1.99, etc.
6. The fee-based (Premium) account can be purchased at any time by a registered User and can be activated after the Administrator has recognised in his books of accounts the payment made by the User in the amount of 100 EURO/1 year or 450 PLN /1 year or 10 EURO/1 month or 45 PLN /1 month for the Premium service. The payment is made if the acceptance for the commencement of the fee-based account service is granted 14 days prior to the conclusion of the agreement.
7. The User shall enjoy the following payment options for the aforementioned service under the order placed:
   1. bank transfer to the indicated bank account,
   2. payment card via PayPal.
8. Any costs related to the payment are provided on the order site and will be included in the total order price. The Administrator may not demand from the User, for his use of a specified payment form, a fee exceeding the actual costs borne by the Administrator thereunder.
9. The service provided by SOTEBUY is an electronic service and after the activation of the service, payment for the service shall not be subject to any refund.

§6 Updates

1. Services available in SOTEBUY are automatically updated.
2. If the website is being updated, it is temporarily non-available.
3. SOTEBUY shall provide information on its update with a 1 day prior notice. It also reserves the right to update the website with no prior notice in emergency situations.

§7 Technical conditions

1. 1. In order to use SOTEBUY services properly, it is necessary:
   1. for the User to have a computer or any other electronic device with such operating systems as: Mac OS X, Linux, Adroid or Windows,
   2. with an internet browser installed in the version as provided or higher: Internet Explorer – version 9, Chrome – version 46, Safari – version 8, Firefox – version 41, Opera – version 32,
   3. with activated cookies.
2. To open an account the User must have an active e-mail account.

§8 Statutory right to withdraw from the agreement

Within 14 days as of the conclusion of the agreement (setting up an account or paying the fee for the commercial account) the User, who is a Consumer, may withdraw from this agreement without provision of any reasons for such withdrawal and free of charge via sending a respective declaration on withdrawal to the relevant e-mail address or to the address for correspondence. The option of withdrawal from the concluded agreement does not apply to the situation when activation of a fee-based account has been confirmed by the User.

§9 Complaints

1. All and any complaints related to the fee-based service (Premium or Premium plus) rendered by Sote can be filed via the e–mail address of SOTEBUY: office@sote.pl or can be sent by ordinary mail to the address: SOTE Jakubowicz Spółka Jawna with the registered office at ul. Wolsztyńska 2, 60-361 Poznań.
2. A complaint shall be forthwith reviewed - within 14 days as of its receipt at the latest.
3. A reply concerning a complaint shall be sent to the e-mail address or to the address for correspondence provided by the User in the registration form.
4. If no information is provided with respect to the review of the complaint filed by the User, who is a Consumer, within the deadline specified in point 2, the complaint shall be deemed as reviewed in favour of the User.

§10 Resignation from the service

1. Once the User has set up his/her account, the agreement is concluded for an unspecified period of time.
2. Every User is entitled to close their account. This can be done by completing the account closing form.
3. If the User shall fail to use their account for a period over 6 months, their account shall be removed.
4. SOTEBUY keeps the data of the Users for 30 days as of the date of closing the account. Within that period the User may activate the same service again and continue to use it.
5. After closing the account SOTEBUY may, for statistical reasons, continue to use the data of the products published on the website.
6. Each User of the fee-based service may at any time resign from the service he, however, will not be entitled to any refund of fee for the unused period of the service, in other words he will not be entitled to any refund of the fee paid for a given year.

§11 Liability of the owner of SOTEBUY

1. SOTE shall not be liable for the contents included by the User on the website.
2. If any User decides to buy a product from another Sotebay User, this is upon their own liability. SOTE as the provider of a technological tool shall in no way be liable for the transaction (its course and successful result).
3. SOTE is not liable for any intervals in the operation of the website for reasons outside its control.
4. SOTE shall not be liable for the loss of data published on the website due to a server or IT system failure/fault.

§12 Final provisions

1. These Rules and Regulations are available under the address: https://www.sotebuy.com/terms-and-regulations
2. The Client can read and download the contents of these rules and regulations onto their Device and print the document.
3. The Administrator shall have the right to make changes to these Rules and Regulations at any time for important reasons concerning changes in the legal regulations, Administrator's decision on a change in the Material Terms of Service Provision or change in the scope of business activity.
4. The User shall be informed about the new, updated version of the Rules and Regulations by e-mail on the date of publication thereof. The User shall then enjoy a 7 day period for acceptance of the new rules and regulations or termination of the Agreement.
5. If there is no explicit acceptance of the new rules and regulations and no explicit declaration of non-acceptance, the User shall be obliged to observe the new, updated version of the Rules and Regulations.
6. If the User has explicitly declared that they do not accept the new Rules and Regulations, the User is deemed to exercise the right of termination of the agreement with the observance of a 1 month notice period.
7. The Rules and Regulations shall come into force and effect as of 01.03.2018 and shall be binding until any change or revocation.

Annex No. 1 to Rules and Regulations: Privacy Protection Policy of SOTEBUY Website User

A. BASIC INFORMATION:

1. The Administrator of the User’s personal data is SOTE Jakubowicz Spółka Jawna with registered office at ul. Wolsztyńska 2, 60-361 Poznań, Poland, REGON (National Business Register No.): 63451780900000, KRS (National Court Register No.): 0000173954.
2. Should you have any queries or doubts on principles of functioning of the Privacy Policy, you can contact the data Administrator at: SOTE Jakubowicz Spółka Jawna with headquarters at ul. Wolsztyńska 2, 60-361 Poznań or by e-mail at: privacy-policy@sotebuy.com
3. The User’s personal data are processed in line with provisions of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and with regard to the repealing of Directive 95/46/EC (General Data Protection Regulation, hereinafter: GDPR).
4. The User of the Website acknowledges that he/she has studied the provisions of this Privacy Policy and Regulations for SOTEBUY Website and understood their content, and agrees for the usage of their personal data as provided by the Rules and Regulations of the Website and Privacy Protection Policy hereof.

B. HOW DO WE COLLECT OUR USERS’ PERSONAL DATA

Personal data is collected by the Administrator directly from the User via filling in an online registration form, an e-mail or mail contact, or by concluding a sales contract and completing an applicable online form for the purpose.

C. USER’S RIGHTS

1. The User may at any time:
   1. request access to data contained in the registration form;
   2. request to amend or supplement their personal data;
   3. withdraw their consent to the processing of their personal data without affecting the legality of having their data processed based on their consent in the period before the withdrawal;
   4. request the removal or restriction of their personal data;
   5. request a transfer of their personal data by receiving a copy of the data as processed by the data Administrator;
   6. object to the processing of their personal data to which they had previously consented, including direct marketing (the Administrator shall then process their personal data only in duly substantiated cases, or whenever there are grounds for the establishment, pursuit or defence of claims, but must not process the data for any other purposes);
   7. lodge a complaint with a supervisory authority.

D. PURPOSE OF COLLECTING AND PROCESSING OF PERSONAL DATA AND LENGTH OF STORAGE PERIOD

Data entered in the form is collected and processed for the following purposes:

1. to properly implement a contract of sale to which you are a party in accordance with Article 6 (1) (b) GDPR, and such data conditions the conclusion of the contract (in this issuance of a VAT invoice if requested by the User), whereas a refusal of a consent to the processing of personal data shall result in automatic resignation from the conclusion of a sales contract by the User - until its performance and until the lawfulness of its performance (expiry of the limitation period for claims thereto) has been demonstrated;
2. to manage the User’s account as provided by Article 6 (1) (b) GDPR until their resignation;
3. to respond to messages from the User or any other interested party as provided by Article 6 (1) (b) GDPR until the contact is terminated by the User;
4. to ensure compliance with accounting, tax or other legal obligations incumbent upon the data Administrator (including examination of a possible claim or withdrawal from a contract) connected with the implementation of a sales contract as provided by Article 6 (1) (c) GDPR;
5. establishment, pursuit or defence against claims as provided by Article 6 (1) (f) GDRP by the limitation period for claims as prescribed by applicable regulations;
6. to distribute a newsletter with advertising content as provided by Article 6 (1) (a) GDRP based on a consent given by the User until the time or its withdrawal.

E. PERSONAL DATA SECURITY

1. The Administrator shall ensure safety of personal data processing by implementing relevant technical and organisation measures in order to warrant their confidentiality.
2. The User’s personal data shall not be transferred to any third country or an international organisation.
3. The User’s personal data shall not be sold or made available to any third parties.

F. COOKIES

1. The Website collects information on the User and their behaviour based on information entered voluntarily in the forms and by collecting cookies. Cookies contain information necessary for the proper functioning of internet websites, especially those requiring authorisation. The content of cookies does not allow identification of the user, and does not generate grounds for storage or processing of personal data.
2. The User acknowledges that by clicking links placed on the Website they may be redirected to external services rendered by other subjects whose data collection process is beyond the Administrator’s control. SOTEBUY shall not be held responsible for content of those websites or privacy policy applied by owners of the websites.

G. MODIFCATIONS TO PRIVACY POLICY

The Website reserves the right to carry out modifications of its Privacy Policy for reasons attributable to technological development or changes to law in the scope of personal data protection, of which the User shall be instantly informed.