Introduction
1. This document has been created out of concern for the protection of your rights. Herein you will find information about how purchases are made, forms of payment, terms of contract conclusion, as well as information about the procedure for withdrawing from the contract for products purchased from us.
2. Please remember that the provisions of these Terms and Conditions are not intended to limit or exclude any consumer rights you are entitled to under mandatory legal provisions. Any potential ambiguities will be interpreted in favor of the consumer.
3. The online store available at www.wpbetterplugins.com is operated by wpbetterplugins.com LTD, ul. Rzemieślnicza 10, P.O. Box 14, 20-716 Lublin, Poland.
4. You can contact the Seller via e-mail by sending a message to contact@wpbetterplugins.com
5. All items listed here are developed by third-party developers & redistributed under the terms of the General Public License (GPL). Wpbetterplugins.com is not affiliated or related to third-party developers or trademark owners.
Definitions
For the purposes of these Terms and Conditions, the terms below are defined as follows:
1. Working Day – any day from Monday to Friday, excluding statutory holidays;
2. Contact Form – Electronic Service, a form available in the Online Store enabling sending an inquiry to the Seller;
3. Order Form – Electronic Service, an interactive form available in the Online Store allowing for placing an Order;
4. Registration Form – Electronic service enabling the creation of an Account in the Store;
5. Client – a natural person with full legal capacity, a legal person or an organizational unit without legal personality but having legal capacity, residing or based in the Republic of Poland, and any other entity able to perform valid legal actions, using the Store; The Client can be a Consumer, an Entrepreneur, or an Entrepreneur with consumer rights.
6. Consumer – a Client being a natural person with full legal capacity who has entered or intends to enter into a contract for the supply of Products with the Seller, not directly related to his business or professional activity (in accordance with Art. 221 of the Act of April 23, 1964 – Civil Code);
7. Entrepreneur – a Client who is not a Consumer and is not an individual entering into a contract directly related to their business activity when the nature of this contract is not of a professional nature for them, as indicated primarily by the object of their business activity, available under the provisions about the Central Register and Information on Economic Activity;
8. Entrepreneur with consumer rights – an entrepreneur who is an individual, and after the entry into force of Art. 1 and Art. 55 of the Act of July 31, 2019, amending certain acts to reduce regulatory burdens (from January 1, 2021), enters into a contract directly related to his business activity, but it does not have a professional character for him, especially in relation to the type of business he conducts, made available under the provisions about the Central Register and Information on Economic Activity (in accordance with Art. 38a of the Act of May 30, 2014 on consumer rights and 3855, Art. 5564, Art. 5565 and Art. 5765 of the Civil Code);
9. Civil Code – the Civil Code Act of April 23, 1964;
10. Product – a product purchased in the Store, available only in electronic version. Products are sold for a fee unless explicitly stated otherwise.
11. Online Store/Store – the Seller’s online store available at www.wpbetterplugins.com
12. Seller/Service Provider – wpbetterplugins.com LTD., ul. Rzemieślnicza 10, P.O. Box 14, 20-716 Lublin
13. Account – an individual electronic account created in the Store after the Client completes the registration procedure;
14. Newsletter – Electronic Service consisting of sending messages in html format via e-mail containing, among others, commercial information as well as other information related to the Seller’s activities;
15. Sales Agreement/Contract – a contract for the supply of a Product concluded or to be concluded between the Client and the Seller via the Online Store, under which the Seller is obligated to deliver the Product to the Client and the Client is obliged to pay the Seller the price for the Product;
16. Electronic Service – a service provided electronically by the Seller for the benefit of the Client through the Online Store;
17. Consumer Rights Act – the Act of May 30, 2014, on consumer rights;
18. Cart – functionality of the Online Store www.wpbetterplugins.com that allows for displaying the products selected by the Client for purchase and for entering and modifying order data such as: the number of products, delivery address, invoice data, method of delivery, payment methods;
19. Order – a declaration of intent to enter into a Contract by the Client made using the Order Form, aimed directly at concluding a Contract with the Seller.
General Provisions
1. The regulations in their current version are effective from 19.09.2023.
2. The regulations define the rights and obligations of the Seller and the Customer related to the use of the Online Store available at the domain www.wpbetterplugins.com, as well as the rules for concluding Contracts through it, including the rules and procedure for the Customer being a Consumer and the Entrepreneur on consumer rights to withdraw from the contract.
3. The regulations also serve as the terms and conditions for the provision of electronic services, as mentioned in art. 8 sec. 1 point 1 of the Act of 18 July 2002 on providing services by electronic means.
4. A condition for using the Store and concluding a Sales Agreement is the acceptance of these Regulations. By accepting it, the Customer agrees to all its provisions and undertakes to comply with them.
5. These regulations are an integral part of the Sales Agreement concluded with the Customer.
6. Information on the website of the Store does not constitute an offer within the meaning of the Civil Code, but is an invitation to conclude a Product Delivery Agreement.
7. Acceptance of the Regulations is voluntary but necessary to conclude a Product Delivery Agreement, as well as a Newsletter service agreement.
Procedure for concluding a Sales Agreement
1. The Customer can place an Order as a registered Customer, and a registered Customer is one who has an Account in the Store. The Customer can create an Account during the ordering process or independently of placing an order.
2. It is necessary to provide the necessary data to process the Order in the Order Form.
3. Orders in the Store can be placed seven days a week, twenty-four hours a day.
4. The Customer places an Order by adding a Product to the basket.
5. After adding Products to the basket, the Customer can verify the products added to the basket, including their possible removal or changes. At this stage, the Customer can return to making further purchases or proceed to pay for the Order by clicking the appropriate buttons.
6. After choosing the payment method and informing the Customer about the total gross Order amount, the Customer places the Order by clicking a button labeled “Buy and pay” or another equivalent phrase.
7. A condition for placing an Order is the acceptance of the regulations and privacy policy, which the Customer should familiarize themselves with in advance.
8. The agreement between the Customer and the Seller is concluded when the Customer successfully makes a payment.
9. The payment date is considered the day the Seller’s bank account is credited.
10. The Agreement is one-time, which means that the Customer, by placing a new Order using the Order Form in the Seller’s Online Store, intends to conclude a new Agreement.
11. The Customer, by sending an Order to the Seller, makes an offer to conclude a Contract with the Seller, which binds the Customer for a period of 7 (seven) days from the date of its submission.
12. Every payment made by the Customer constitutes, until the Seller sends confirmation of accepting the Order for implementation, a prepayment for the Order’s execution.
13. As a result of the Customer’s Order, the Seller immediately, but no later than 7 days from receiving the Order, sends the Order’s specification to the email address provided by the Customer. The specification mentioned in the previous sentence does not confirm the acceptance of the Order for processing.
14. Within 7 days from the receipt of the Order, the Seller will send to the email address provided by the Customer:
1. confirmation of accepting the order for processing – if the order processing will be possible. The Seller’s sending of the mentioned confirmation is equivalent to the Seller’s declaration of accepting the Customer’s offer mentioned above.
2. confirmation of order cancellation – if the order processing will not be possible.
15. In the absence of payment for the Product covered by the Order within 3 days from the day the Customer receives the specification of the placed order, the Seller cancels the placed order, and the Customer will be informed by sending a message to the email address provided by the Customer.
16. If the Customer pays for part of the Order, no Agreement is concluded, and the paid money will be returned to their account or card.
17. When placing an Order, the Customer’s consent is required to provide digital content before the deadline to withdraw from a distance contract in circumstances causing the loss of the right to withdraw from the contract.
18. The Product can be saved by the Customer on a memory carrier. The store ensures the possibility of downloading and/or saving the file indefinitely.
19. The Product for download is usually sent immediately after making and posting the payment, unless otherwise indicated in the description of a particular Product (especially in the case of pre-sales of a given Product). Access can also be granted cyclically, according to the selected subscription option and the dates indicated in the Product description. Delivery of the ordered Products is free of charge, as part of the service of maintaining the Customer’s Account, and is fully automatic.
Prices and Payment Methods
1. The price for delivering a specific Product (Product price) is visible on the Online Store page next to a given Product in Polish zloty and includes all due duties and taxes.
2. The Online Store accepts advance payment (prepayment) through one of the payment systems accepted by the Seller – the execution of the Order begins after the Seller receives confirmation of a successful transaction from the payment operator, in the case of a bank transfer – after the payment has been credited to the Seller’s bank account.
3. The following payment methods are available:
1. electronic payments and card payments via the tpay.com service or BLIK;
2. card payments via the stripe.com service.
4. The Customer agrees to the Seller issuing and sending invoices in electronic form, as well as corrective invoices and duplicates in electronic form, to the e-mail address provided by the Customer when placing the Order.
5. The Seller reserves the right to conduct promotional campaigns, sales, and make changes to them in accordance with the relevant terms and conditions, as well as to change product prices. This right does not affect the prices of products in Orders placed before the date of the price change or conditions of promotional campaigns or sales.
Personal Data
1. The administrator of the Customer’s personal data is the Seller.
2. The Customer’s personal data is processed for the purpose of handling the Customer’s account, executing the Order, and possibly defending, asserting or determining claims related to the Agreements concluded via the Store or electronic service agreements.
3. Providing personal data by the Customer in the Online Store is voluntary but necessary to conclude a Contract or contracts for Electronic Services. The Customer is not entitled to provide third-party data as their own.
4. The Customer has the right to access their personal data and to request their correction or self-modification in account settings.
5. All matters related to personal data protection and the use of cookies have been detailed in the Privacy Policy, available at https://wpbetterplugins.com/privacy-policy.
6. Using services provided electronically may be associated with the risk of acquiring and modifying Customer data by unauthorized persons. To prevent this, Customers should use appropriate technical measures that will minimize the aforementioned risks, especially antivirus programs, a secure mailbox, and others that protect the security of users using the public Internet network.
7. Please note that as the Seller, I never ask the Customer to provide me with their password in any form.
Providing Services Electronically
1. The Seller provides the following Electronic Services via the Online Store:
1. Enabling Customers to send inquiries to the Seller through the Contact Form;
2. Enabling Customers to subscribe to the Newsletter;
3. Enabling the Customer to create an Account;
2. The Seller undertakes to provide Electronic Services in accordance with the Terms and Conditions.
3. In order to purchase Products in the Online Store, the Customer uses the Order Form. The Order Form is a free Electronic Service. The service is voluntary and one-off, and the contract for its provision is concluded from the moment the Customer starts filling out the Order Form and ends upon placing and paying for the Order or when the Customer decides not to place the Order.
4. Using the Order Form begins the moment the Customer adds the first Product to the electronic cart in the Online Store. An order is placed after the Customer completes two consecutive steps – (1) filling out the Order Form and (2) clicking the “Buy and Pay” button on the Online Store’s website after filling out the Order Form (order with an obligation to pay) – until this moment, there is the possibility of modifying the entered data independently (for this purpose, follow the displayed messages and information available on the Online Store’s website). In the Order Form, the Customer must provide the following details: full name/company name, address (street, house/flat number, postal code, city, country), email address, contact phone number, and details related to the Sales Contract: Product/s, quantity of Product/s, place and method of Product delivery, payment method. For non-consumer Customers, it is also necessary to provide the company name and tax identification number (NIP).
5. To contact the Seller, the Customer can use the Contact Form. The Contact Form is a free Electronic Service. The service is voluntary and one-off, and the agreement for its provision is concluded from the moment the Customer starts filling out the Contact Form and ends when the Contact Form is sent to the Seller or when the Customer decides not to complete the Contact Form.
6. The Electronic Service Newsletter involves periodically sending information from the Seller, including commercial information and marketing content, to the email address provided by the Customer. Using the Newsletter Service is voluntary. The contract for providing the Electronic Newsletter Service is concluded when the “Subscribe” button is pressed after indicating the email address and accepting the Terms and Conditions.
7. The Electronic Newsletter Service is provided for free and indefinitely. The Service Recipient has the option, at any time and without giving any reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by clicking directly on the deactivating link located at the end of the received message titled “unsubscribe”.
8. Creating an Account is not necessary to place an order in the Online Store.
9. Using the Account is possible after the Customer completes three consecutive steps – (1) filling out the Registration Form, (2) clicking the “Register me” box, and (3) confirming the desire to create an Account by clicking on the confirmation link sent automatically to the provided email address. In the Registration Form, the Customer must provide the following details: full name/company name, address (street, house/flat number, postal code, city, country), email address, contact phone number, and password. For non-consumer Service Recipients, it is also necessary to provide the company name and tax identification number (NIP).
10. The electronic “Account” service is provided free of charge and indefinitely. The Customer has the option, at any time and without giving any reason, to delete and edit the Account directly through the “My Account” panel.
11. Technical requirements necessary to cooperate with the IT system used by the Seller: (1) computer, laptop, or other multimedia device with Internet access; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 10.0 and higher, Opera version 10.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling the ability to save Cookies in the web browser.
Prohibition of Providing Unlawful Content
1. The Customer is obliged to use the Online Store, including the offered Electronic Services, in accordance with the provisions of the applicable law, the provisions of the Terms and Conditions, and the customs and principles of social coexistence and good manners accepted in a given area.
2. The Customer should respect the personal rights and copyright and intellectual property rights of the Seller and third parties.
3. The Customer is obliged to provide data consistent with the facts.
4. In the Order Form, the Customer must provide true personal data. The Customer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the Order if the Customer provides false data or if these data raise justified doubts about their correctness. In such a case, the Customer will be informed by phone or email about the Seller’s doubts. In this situation, the Customer has the right to explain any circumstances related to verifying the accuracy of the provided data.
5. In the absence of data allowing the Seller to contact the Customer, the Seller will provide all explanations after being contacted by the Customer.
6. Customers are prohibited from providing content of an unlawful nature.
Claim Procedure Related to Electronic Service Provision
1. Claims related to the provision of Electronic Services by the Seller and other claims related to the operation of the Online Store can be submitted:
1. In writing to the address: ul. Rzemieślnicza 10, PO Box 14, 20-716 Lublin
2. Via email to: contact@wpbetterplugins.com
2. To expedite the processing of the claim, we recommend indicating in the claim:
1. Information and circumstances related to the subject of the complaint, especially the type and date of the irregularity,
2. The Client’s request,
3. Contact details of the Client submitting the claim.
3. The Seller will review the Client’s claim and inform about its outcome immediately, no later than within 30 (thirty) calendar days from the submission. If the data or information provided in the claim requires completion, the Seller will ask the Client to supplement it before considering the claim, but the Seller is obliged to respond to the Client’s complaint within a maximum of 30 days of its receipt. The Seller will communicate the claim’s result to the Client on paper or another durable medium.
Liability for Defects
1. The Seller is obliged to deliver a product free from defects to the Client.
2. The Seller is liable to the Client if the sold Product has a physical or legal defect.
3. If the Client identifies a defect in the Product, they should inform the Seller, specifying their claim related to the detected defect or submitting a relevant statement.
4. To file a claim, the Client can use the claim form provided in these Regulations as an annex. The Client can contact the Seller via traditional mail or email, with the electronic form being preferred.
5. Details concerning the Seller’s warranty for defects are regulated by the Civil Code.
6. The Seller will notify the Client about the examination of the complaint and its outcome in a message sent to the email or postal address provided by the Client in the claim, within 14 days.
7. It is recommended for the Client to provide in the claim’s description the following information:
1. Circumstances related to the subject of the complaint, especially the type and date of the defect’s occurrence,
2. The method of bringing the Product into conformity with the Sales Agreement or a statement about a price reduction or withdrawal from the Sales Agreement, and contact details of the person filing the claim.
8. Providing the above information and circumstances will facilitate the complaint processing. However, these are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
9. If the Seller receives an incomplete complaint, the Client will be asked to supplement it, or else the complaint might be left unaddressed.
10. More information about the Buyer’s rights can be found on the Office of Competition and Consumer Protection website – https://prawakonsumenta.uokik.gov.pl.
11. According to art. 558 § 1 of the Civil Code, the Seller’s warranty liability for the Product to the Entrepreneur is excluded.
Withdrawal from the Agreement
1. If, during the purchase of the Product, a Consumer or Entrepreneur as a consumer agreed to execute the Agreement and provide digital content – Product, before the expiration of the withdrawal period, they lose the right to withdraw from the agreement concluded with the Seller (in accordance with art. 38 point 13 of the Act of May 30, 2014, on consumer rights).
2. In situations where the above circumstances do not apply, a Consumer or Entrepreneur as a consumer has the right to withdraw from the contract on the terms specified below.
3. Withdrawal from the contract is done by informing the Seller of this decision by submitting a statement. This statement can be sent via traditional mail or email.
4. The Consumer or Entrepreneur as a consumer can use the template withdrawal form provided as an annex to these Regulations. Using this form is a recommendation, and its non-use during the withdrawal process does not invalidate the withdrawal.
5. To meet the withdrawal deadline, it is sufficient for the Consumer or Entrepreneur as a consumer to send information regarding the exercise of their right to withdraw from the contract before the specified withdrawal period expires.
6. In case of withdrawal, the Seller returns to the Consumer or Entrepreneur as a consumer all payments received from them.
7. The refund will be made using the same payment methods as were used by the Consumer or Entrepreneur as a consumer in the original transaction unless the Consumer or Entrepreneur as a consumer has expressly indicated another solution.
8. The Consumer or Entrepreneur as a consumer will not incur any fees in connection with the refund method.
Out-of-court methods of handling complaints and pursuing claims, as well as rules for accessing these procedures:
1. The Seller agrees to submit any disputes arising in connection with the sale of goods to mediation proceedings. The details will be determined by the parties involved in the dispute.
2. Any disputes related to services provided by the Store will be settled by common courts, and the applicable law is Polish law.
3. A Customer who is a Consumer and an Entrepreneur with consumer rights has the option to use out-of-court methods of handling complaints and pursuing claims. Rules for accessing these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, provincial offices of the Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:
– http://www.uokik.gov.pl/spory_konsumenckie.php
– http://www.uokik.gov.pl/sprawy_indywidualne.php
– http://www.uokik.gov.pl/wazne_adresy.php
4. According to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 May 2013 on the online dispute resolution system for consumer disputes (Official Journal of the EU L 2013 No. 165, p. 1), the Consumer also has the option to submit a complaint via the ODR platform at https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
5. The ODR platform is an online dispute resolution system between consumers and entrepreneurs at the EU level, providing an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract.
6. The Consumer has the possibility to use out-of-court methods of handling complaints and pursuing claims, for example by submitting a request for dispute resolution to a permanent amicable consumer court or submitting a request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection.
Final Provisions
1. Contracts concluded through the online Store and services provided are executed in the Polish language and based on Polish law provisions.
2. Any potential disputes arising from the conclusion and performance of the Product delivery contract or contracts for the provision of electronic services with a Customer who is not a Consumer or an Entrepreneur with consumer rights will be settled by a court competent for the Seller’s headquarters.
3. The Seller reserves the right to introduce and withdraw offers, promotions, and to change product prices in the Store without prejudice to the rights acquired by the Customer, especially the terms of contracts concluded before the change was made.
4. The Seller is entitled to change the Regulations for at least one of the reasons listed below (open list):
– the need to change the Regulations due to changes in legal provisions affecting its content;
– the need to adjust the Regulations to orders, judgments, decisions, or guidelines issued by the relevant authority;
– changes in the method of providing electronic services for technical reasons;
– changes in the scope or rules of providing electronic services by introducing new, changing, or withdrawing existing functionalities or services offered to the Customer;
– the need to eliminate ambiguities, errors, or typographical mistakes that appeared in the Regulations;
– changes in the Seller’s identification data, including contact details;
– changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of this Regulation;
– counteracting abuses;
– changing the conditions of using the Online Store aimed at improving customer service.
5. The Seller will inform Customers about the change of the Regulations at least 14 days in advance by providing the consolidated text of the Regulations on the Online Store’s website and by sending a message to the e-mail address provided by the Customer.
6. In the case of contracts of a continuous nature concluded on the basis of the Regulations (e.g., contracts for the provision of the Electronic Service Newsletter), the amended regulations bind the Customer if he was properly informed about the changes and did not terminate the contract within 14 calendar days from the day of notification.
7. Changing the Regulations does not affect the content and terms of the Product delivery contracts concluded between the Customer and the Seller before the Regulations change.
8. The Customer is not obliged to pay any deposit or provide any other financial guarantees to the Seller.
9. All content placed on the website www.wpbetterplugins.com is subject to the Seller’s copyright. The Seller does not consent to copying the content in whole or in part without their explicit prior consent. Only copying the content for personal use is allowed.
10. The provisions of this Regulation do not exclude the possibility of taking legal steps provided for in generally applicable legal provisions against persons violating the Seller’s copyrights.
11. The provisions of the Regulations do not exclude the possibility for Customers to refer to mandatory legal provisions regulating consumer rights protection.
12. The Customer is obliged to use the Store in a manner consistent with the law and good manners, considering the respect for personal rights and intellectual property rights of third parties.
13. In matters not covered by these Regulations, generally applicable Polish legal provisions apply, especially: Civil Code, Consumer Rights Act, Act on the provision of electronic services, Act on combating unfair competition, Personal Data Protection Act, and General Data Protection Regulation (GDPR).
14. The Regulation is available to Customers at any time free of charge on the website at the domain https://wpbetterplugins.com/terms, in such a way that its acquisition, reproduction, and recording of its content is possible.